Terms and Conditions of the Website

1. General provisions

1.1. These Terms and Conditions set out the terms and conditions for using services via the website (the “PTWP Website”) operated by PTWP-ONLINE Sp. z o.o. with its registered office in Katowice, Plac Sławika i Antalla 1, 40-163 Katowice, telephone: +48 32 209 13 03, fax: +48 32 256 76 16, entered in the Register of Entrepreneurs kept by the District Court of Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under number KRS 0000315695, NIP 6342687888 (“PTWP”).

1.2. The following services are available on the Website:

a. registration to participate in on-line debates and webinars organised by PTWP;
b. access to live broadcasts of on-line debates and webinars organised by PTWP;
c. receiving notifications about upcoming debates/webinars;
d. access to the communicator during live transmission (sending and receiving messages);
e. access to the normally restricted resources of the PTWP Website, such as retransmissions of on-line debates and webinars organised by PTWP.

1.3. The services offered on the PTWP Website are, as a rule, intended for professionals and other persons interested in them in connection with their business or professional activities. If consumers purchase the services, the provisions of the Terms and Conditions shall apply, unless otherwise specified in agreements concluded with consumers.

1.4. The terms and conditions of purchasing services through the PTWP Website shall apply to transactions not regulated in the specific terms and conditions set out in the order for given services.

2. Definitions

2.1. The terms used in the Terms and Conditions have the following meaning:

a. Account – a User panel created as part of the PTWP Website with individual User access supporting the registration, identification and communication of the User as a purchaser of the given Products.
b. Products – services purchased on the PTWP Website.
c. PTWP Website – a website that serves as a platform for communication, conclusion and performance of agreements for the purchase of Products via the Internet (on-line).
d. PTWP Group – Polskie Towarzystwo Wspierania Przedsiębiorczości S.A., PTWP-ONLINE Sp. z o.o.
e. Participant – a person taking part in on-line debates and live webinars, including as a guest, speaker, press representative, User, using the communicator.
f. User – a natural or legal person, or an organisational unit without legal personality, who is a purchaser of the Products in connection with business or professional activity (unless otherwise stipulated in their Account).

3. General conditions for purchasing and using the Products

3.1. The User may purchase and use Products available on the PTWP Website after:

a. creating an Account and registration;
b. reading and accepting the terms and conditions of the Terms and Conditions and other special conditions concerning a given Product.

3.2. The User accepts the terms and conditions by ticking the appropriate box when creating an Account or ordering the Product, or by clicking the appropriate boxes allowing the User to continue ordering the Product after the User has read the terms and conditions.

3.3. If the User does not accept the Terms and Conditions or the special conditions, the User must not purchase and use the Products, even if it is technically possible to access them. Purchase and use of the Products shall be understood as a confirmation of understanding and acceptance of the Terms and Conditions and special conditions for the Products purchased or used.

3.4. In order to create a User Account and register, the User must have an active e-mail account and e-mail address. The creation of the Account is possible through the PTWP Website (before the purchase of Products) or through other websites of PTWP Group companies. An account created without using the PTWP Website shall also constitute a User Account as part of the PTWP Website.

3.5. Registration and creation of an Account involve filling in the form fields displayed on the screen with data, including the e-mail address, which will be the User’s login, as well as the password. The fields which must be filled in by all Users as a condition for creating an Account or purchasing a given Product are marked with an asterisk. The User decides whether to fill in fields not marked with an asterisk.

3.6. The User creates a unique password assigned to their Account. The User is liable for keeping this password confidential. PTWP is not liable for disclosing by the Users data related to an individual account to third parties.

3.7. Acceptance of the completed form with the User’s data is tantamount to the User’s declaration that the data provided are true. PTWP reserves the right to verify the e-mail address and other data provided in the form, including the requirement of additional authorisation.

3.8. After accepting the filled-in form, PTWP shall send relevant information to the e-mail address provided by the User together with a link to confirm the willingness to create an Account. In order to fully activate the Account, the User must click on the link. As soon as the User clicks on the link, the User concludes an agreement on the provision of the service of maintaining the User Account by electronic means. Until the User clicks on the link, the Account remains inactive and it is not possible to order Products from the PTWP Website using this Account.

3.9. The User may request the deletion of the Account at any time. However, if the User uses Products for which – according to the terms and conditions – it is necessary to have an Account, deleting the Account will prevent the User from continuing to use the given Products. PTWP reserves the right to delete the Account if the User violates the Terms and Conditions or has not used the Account or Products purchased through it for 5 years.

4. Ordering and purchasing the Product

4.1. Ordering the Products involves several consecutive steps: the selection of the Product by the User, registration of the User Account or logging into the Account, selection of the payment method, making payment through the selected electronic payment operator. The User also accepts the Terms and Conditions by proceeding to the next steps.

4.2. When placing an order, the User selects the Product by clicking the “Order”/”Register” button with the appropriate icon. For paid Products, after completing the order, the User, seeing the summary of the order, the selected Products and their total price that the User will be obliged to pay for the Products, selects a button allowing them to continue the order (e.g. “Order”/”Next”).

4.3. Placing an order by the User as above constitutes submitting PTWP an offer to purchase a given Product. After placing an order as above, PTWP sends information about placing the order to the User’s e-mail address; for paid Products – with a request to confirm its placement and choose the payment method. Then, information about acceptance of the order for processing is sent to the User’s e-mail address, which constitutes a declaration of acceptance of the offer by PTWP and as soon as the User receives it, an agreement is concluded on the terms and conditions resulting from the order, these Terms and Conditions and special conditions for a given Product.

4.4. Access to ordered and paid Products is available after logging into the Account on the PTWP Website.

4.5. Payments for the ordered Products may be made using the methods specified on the PTWP Website, in particular using a payment card and on-line transfers. Przelewy24.pl, operated by PayPro S.A., described on the http://www.przelewy24.pl/ website, is an intermediary in making payments using a payment card and on-line transfers. The User does not bear additional costs related to the use of the selected payment method.

4.6. If paying by credit card or on-line transfer, the User may receive a VAT invoice without a signature required in the form of a PDF file sent to the e-mail address provided. In order to receive a paper invoice, the User shall contact the accounting department of PTWP.

5. Live broadcasts/retransmissions of on-line debates / webinars

5.1. Access to live broadcasts is a service provided by electronic means that allows access to the PTWP Website’s normally restricted resources such as on-line debates and webinars in real time.

5.2. Access to retransmission is a service provided by electronic means that allows access to the PTWP Website’s normally restricted resources such as recordings of on-line debates and webinars.

5.3. In order to access on-line debates/webinars, it is necessary to have and log in to a User Account.

5.4. Unless otherwise stated in the terms and conditions of an order for a given Product, the use of this Product will also be subject to the payment of a certain fee in advance. The fee is due for the entire period ordered, regardless of whether and to what extent the User will use the access to broadcast and retransmission.

5.5. A Product in the form of a on-line debate/webinar consists of a reservation of the access/access package (e.g. Premium, VIP) provided by PTWP from the day of ordering the Product until the day of the on-line debate/webinar and the access to live on-line debate/webinar transmission. Therefore, in case of purchasing such a Product, it is assumed that this service is provided at the moment of accepting the User’s offer (information about accepting the order for processing). As of that moment, PTWP may not offer a given place or package to another person, i.e. cancel the User’s reservation for the benefit of another person. This does not apply, if PTWP is authorised to terminate the agreement with a given User, e.g. if the fee is not paid on time.

5.6. A Product in the form of an on-line debate/webinar may also consist of the following services:

a. sending notifications about starting live broadcasts;
b. enabling access to the communicator during the live broadcast (possibility for the User to send and receive messages in real-time during the on-line debate/webinar);

5.7. If the access to the transmission is free of charge, special packages/access statuses (e.g. Premium, VIP) can be purchased on the PTWP Website. Purchase of such packages on the PTWP Website requires having an Account and registering in accordance with the terms and conditions of a given transmission. The User will be informed about the free access and/or the possibility of purchasing special packages by e-mail to the address provided by the User when creating an Account. If the User is informed about the possibility of purchasing a special package, a link to the order will also be sent via e-mail.

5.8. PTWP reserves the right to refuse to process the order, in particular when it is impossible to create an Account or when the limit of access, packages or statuses provided for a given transmission are exhausted.

5.9. PTWP reserves the right to set additional conditions concerning access to live broadcast/retransmission.

5.10. The User may resign from purchasing the Product only in exceptional and random cases, with the reservation that in such cases the User is not entitled to a refund of fees paid for the Product, unless PTWP has not yet incurred any costs related to organising a given transmission. However, with the consent of PTWP, the User may transfer the rights and obligations resulting from the purchase of such Product to another person. In such case, the fees paid shall be refunded as soon as the payment is made by the other person.

5.11. Debates/webinars on the Website may be recorded photographically, by means of audio/video devices, including radio, television or other means of communication to the public in such a way that everyone may have access to them at a place and time of their choice. Active participation, including as a guest, in live debates/webinars, is open and therefore the profile or image of the Participant, taken individually or as part of a larger whole, may be documented in the form of photography, sound or video, and materials obtained in this way may be disseminated by PTWP and representatives of the press for information and promotional purposes related to the activities of PTWP, sponsors and partners of PTWP (including through websites, e-mail, social media and in the printed press).

5.12. PTWP agrees that a Participant taking an active part in an on-line debate/webinar accepts the possibility of the above-mentioned recording and using their profile or image as a participant in the debate/webinar. If for any reason a Participant does not accept a specific use of their image, they shall notify PTWP, which is then obliged to immediately cease such use or to base the use on a legal basis other than consent.

5.13. If, in connection with the registration, participation in on-line debates and webinars, a Participant provides PTWP with any materials, e.g. biographies, photographs, graphics or recordings, in order to use them or make them available in connection with given participation, such provision will constitute an authorisation – of PTWP and its sponsors and partners - to use them in accordance with the agreed purpose, including in retransmissions on the Website. The Participant guarantees that the use of these materials will not violate any rights of third parties.

6. Intellectual property

6.1. All elements of the Website – texts, photos, videos, graphics, etc. – are the property of PTWP Group or entities cooperating with PTWP Group. The use of any elements of the Website without the written consent of PTWP Group or a relevant external entity is strictly prohibited.

6.2. PTWP Group is the owner of intellectual rights to the content of the Products. Any use of these materials requires the written consent of PTWP Group.

6.3. PTWP Group shall not be liable for the content presented on external websites to which the links contained in the Website direct.

6.4. The User of the Website using the Products is not entitled to:

a. disseminate the content constituting the Services made available and market it, either in whole or in part;
b. interfere with the content of the Products,
c. publish, distribute, reproduce, make available to third parties the content constituting the Products,
d. remove the designations of the publisher and owner of the content constituting the Products,
e. remove technical protection mechanisms of the content of the Products,
f. any commercial use of the content constituting the Products.

6.5. The reservations indicated in the preceding section refer to the individual contents of the Products and to the Products as a whole.

6.6. The User using the Products undertakes to ensure that unauthorised persons do not use them in a manner that is unlawful or contrary to the Terms and Conditions. In a case where similar situations are discovered, PTWP Group may file claims on this account against a User, who is a purchaser of the Products, for infringement of rights to copies of the content constituting the Products or the Products as a whole.

7. Amendments to the terms and conditions of the Products, liability and complaints

7.1. PTWP reserves the right to amend the conditions of delivery of Products, including their temporary suspension, cancellation, shortening, changing the date or schedule/agenda of transmissions in case of force majeure preventing delivery of a given Product or in tne case of threat to life, health, property or personal data of Participants or Users. In the above cases PTWP shall not be liable for damages resulting from the said changes, including lost profits. In such a case, PTWP shall not be obliged to reimburse the fees already paid for the Products, including to the extent in which they cover the costs already incurred by PTWP.

7.2. Subject to the mandatory provisions of law, PTWP shall not be liable for any damages incurred by a User or third parties as a result of using the Products and the PTWP Website, as well as for damages incurred by a User or third parties in connection with a breach of the Terms and Conditions. In any case, the liability of PTWP towards the User shall not exceed the equivalent of fees paid by the User for a given Product. This does not apply to damage caused by PTWP intentionally, for which PTWP is fully liable.

7.3. PTWP reserves the right to amend these Terms and Conditions. Any amendments hereto to will be announced in the form in which they were originally made available to the Users, if possible, with two weeks’ notice.

7.4. Complaints concerning non-delivery or defects in the Products may be submitted by e-mail to kontakt@ptwp.pl or by post, in the form of a registered letter sent to the address: PTWP-ONLINE Sp. z o.o., Plac Sławika i Antalla 1, 40-163 Katowice. A complaint shall include the User’s first and last name, address, e-mail address and a description of the event giving rise to the complaint. Complaints shall be considered within 14 days from the date of receipt.

7.5. The information clause concerning the processing of the User’s personal data can be found in the Privacy Policy. The User is also informed about the conditions of processing their personal data as part of the process of creating an Account and registration.

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