TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES WITHIN THE INTERNET PLATFORM
I. GENERAL PROVISIONS
- These Regulations define the general terms, conditions and method of providing Services by electronic means, via a platform that is a tool enabling participation in online events, provided by the Service Provider (hereinafter referred to as: “Platform” or “Internet Platform”).
- The platform is a tool provided by Blu Experience sp.z o.o. with headquarters in Krakow, ul. Warszawska 1531-155 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000495773, NIP: 9452177517, REGON: 123030655, with a share capital of PLN 50,000.00, hereinafter referred to as, Service Provider “. The Service Provider provides the Services specified in these Regulations only on
behalf of and for the Event Organizer. The Organizer of the Event is the entity indicated in the Platform as the Organizer.
- As part of the Platform, the User may participate in various types of events by participating in audiovisual broadcasts of Events organized by third parties – their organizers, including, in particular, entertainment, cultural, sports, scientific and similar events. The service provider is not the organizer of these events. The Service Provider only provides, at
the request of the Event Organizer, the Platform infrastructure to enable participation in the Event to the Event participants indicated by the Organizer.
- Contact with the Service Provider takes place:
using the interactive chat available on the Portal,
via e-mail to the following address: email@example.com,
by phone at: +45501172589
- Contact with the Organizer takes place as indicated on the Platform.
- These Regulations are continuously and free of charge made available on the Platform in a way that allows users to obtain, reproduce and record its content by printing or saving on a carrier at any time using the IT system used by the User.
- Unless otherwise indicated on the Platform, all rights to the Platform, including proprietary copyrights, intellectual property rights to its name, internet domain, website, as well as to forms and logos, belong to the Service Provider, and their use may take place only in the manner specified and following the Regulations.
- It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Platform, Service or its elements without the prior written consent of the Service Provider, and the Events – without the consent of the Organizer, except as expressly permitted by the provisions of applicable law and the Regulations. The Service Provider or the Organizer may take steps, including in court proceedings, to protect their and Users’ interests.
Terms used in this document have the following meanings:
User – a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit without legal personality that uses the Portal;
Event – an entertainment, cultural, sports, scientific or similar event organized by a specific third party (Organizer), to which the User receives Access using the Platform, after meeting the conditions specified by its Organizer. The event is organized and takes place on a strictly specified date by the Organizer;
Organizer – a person or entity organizing the event and specifying the terms and conditions of participation in it;
Access to the Event / Access – Portal service, under which the User, via data transmission, receives access to the content provided by the Event Organizer using the Portal’s infrastructure;
Account – a part of the Platform assigned to a given User as a result of Registration, under which the User is identified to access a specific Event and may perform actions specified in these Regulations within the Platform;
Registration – a one-time activity consisting in creating a User Account and saving for a given Event;
Consumer – a User who is a consumer within the meaning of art. 22  of the Civil Code;
Entrepreneur – a User who is an entrepreneur within the meaning of art. 43  of the Civil Code;
Services – services provided at the request of the Organizer by the Service Provider to the Platform Users by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Agreement – an agreement for the provision of a Service or Platform Services, concluded between the User and the Service Provider acting on behalf of the Organizer, on the terms set out in these Regulations;
Act on consumer rights – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Regulations – this document.
III. RULES OF USING THE PLATFORM
- The Platform may only be used on the terms and to the extent specified in the Regulations.
- The Service Provider informs that the use of services provided electronically may be associated with a threat on the part of every user of the Internet, consisting in the possibility of introducing malicious software into the User’s ICT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the User should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and a firewall.
- Minimum technical requirements enabling the use of the Platform and Services:
⎯ a device with Internet access;
⎯ access to electronic mail;
⎯ program for reading files in PDF format;
– active and correctly configured on the device from which the User uses the data
transmission service provided by the telecommunications operator or a wireless link.
- If it is justified by the nature of a given Event, Access to the Event may also require fulfilment other than those indicated in point 3 technical or hardware requirements. In such a case, the Event Organizer will each time provide the User with a list of such requirements.
- The fees for using the data transmission service are paid by the User to the appropriate telecommunications operator according to the tariffs set by the operator and they do not constitute part of the Service or Event.
- It is forbidden for Users to use the Platform or its Services in a manner that violates the law, decency, personal rights of third parties or the legitimate interests of the Service Provider or the Organizer.
- Any activities on behalf of the User who is an Entrepreneur may only be performed by persons duly authorized to act on behalf of the Entrepreneur. The Service Provider may oblige the person acting on behalf of the Entrepreneur to send electronically the documents
indicated by the Service Provider, including in particular documents confirming the authorization to act on behalf of the Entrepreneur and the Entrepreneur’s business activity, under pain of refusal to provide the Service or termination of the Service.
- The Service Provider reserves the right to refuse to provide Services to Entrepreneurs without giving a reason.
IV. PLATFORM SERVICES
- The Services are provided on the terms set out in this document.
- The services provided as part of the Platform and its use are free of charge. If Participation in the Event is payable – the payment is always made directly to the Organizer, and the Organizer independently determines its amount and the rules for making it.
- Using the Platform is understood as any activity of the User leading to becoming familiar
- with the content available on it. Viewing the content available on the Platform is a Service provided for a specified period – and is provided until the User closes the Platform’s page.
- The main functionality of the platform is to provide the Access Service to Events organized by the Organizers.
- Unless otherwise indicated by the Organizer, to use the Access to the Event, the User must register on the Platform, which constitutes a subscription to the Event and registration (setting up) of an Account.
- To register the Account, the User fills in and accepts the registration form available on the Platform, completing the data marked as obligatory and specifying the event code received from the Organizer, individual for a given Event (hereinafter referred to as: “Code” or “Event Code”). The Organizer independently decides about the methods, dates and rules of Code distribution.
- Unless the Organizer decides and does not indicate otherwise to the User, 1 (one) Code enables the Registration of one Account.
- The Organizer of the Event may decide individually that to gain access to its Event, it will not be required to have and provide a Code upon Registration, or even to register an Account on the Platform – in such a case, the Organizer informs the Users about it each time by providing information about the Event.
- To correctly complete the Registration, the User may also be asked to perform additional activation of the Account, including using e-mail, by the information displayed on the Platform.
- The Account is used to identify the User to access a specific Event, and therefore the User is not allowed to use the Accounts of other Users and provide other people with the possibility of using the Account, including disclosing the password to access the Account or the Code.
- By registering the Account, the User declares that the data provided by him in the registration form are true and do not infringe the rights of third parties.
- Within the framework of using the Platform, the User is obliged in particular to supplement the data indicated in his Account. In the event of any changes to the User’s data placed in the Account, the User is obliged to immediately correct the data through the functionalities available under the Account.
- Subject to further provisions of these Regulations, the Agreement for the provision of the Service consisting in maintaining the Account is concluded for a fixed period – the time during which the User will use the Access to a given Event. However, the User may, before the expiry of the period referred to in the previous sentence, request the Service Provider to delete the Account or delete the Account by himself using the functionalities available on the Platform.
- The use of the Event Access Service takes place on the terms set out in point V of the Regulations.
- As part of the Platform, the Service Provider also provides an interactive chat enabling contact with the Service Provider. This service is made available for a specified period – until the end of the chat conversation or the User leaves the Platform website.
V. ACCESS TO THE EVENT
- The Event Access Service enables the User to participate in the Organizer’s Event remotely (without the simultaneous presence of the parties) using the Platform’s infrastructure.
- The rules of Access to the Event and participation in the Event with the use of the Access Service are defined each time by the Organizer, informing the participants of such rules.
- The Organizer may require, depending on the event, registration for the event, or another form of registration for the Event or purchase of an admission ticket, which is not an element of the Platform and is each time carried out by the Organizer independently.
- Events to which the User may have access on the Platform may, at the Organiser’s choice and decision, be completely remote (online event) or consist of enabling Access to the Event of a stationary nature combined with the possibility of the User’s remote participation in them using the Platform.
- Participation in the Event, including the use of the Access Service, may be paid or free of charge – as decided by the Organizer. In the case of paid Events, all fees are paid by the User directly to the Organizer, on the terms specified by him.
- The Organizer may decide that the Access to the Event is open, ie it does not require the possession and provision of an Event Code or even does not require Account Registration – in such a case, such information will be provided to the Users by the Organizer himself.
- The organizer independently determines what content is made available as part of the Access to the Event and whether the content is made available in real-time.
- The Organizer also determines whether, as part of the Access to the Event, the User will also be entitled to send content to the Organizer or other participants of the event, including in particular:
– participation in the Event with simultaneous sending by the User to the Organizer or other participants of the image and sound;
– interacting with the Organizer or other participants – such as participating in discussions, asking questions, sending messages using the forms available on the Portal or an interactive chat.
VI. USERS ‘RIGHTS AND OBLIGATIONS
- The Platform User is obliged to:
⎯ use the Platform in a manner consistent with the law, morality, as well as the provisions of the Regulations, with respect for personal rights, intellectual property rights and other rights of third parties;
⎯ having all rights to the content posted on the Platform or using the Platform or transferred to the Service Provider or Organizer;
⎯ entering data by the facts on the Platform and informing immediately about any changes to the data, including in particular data affecting the implementation of the Platform Services;
⎯ failure to use devices, software and methods that may disrupt the operation of the Platform;
⎯ not providing illegal content;
⎯ participation in the Access Event by the terms and conditions of participation specified by
- It is forbidden to add and present by Users on the Platform or using it, any information, elements or content that would contain content prohibited by generally applicable provisions of law, infringing the rights of third parties, principles of decency, or constituting acts of unfair competition, and the use of this information may not constitute a violation of the law, the provisions of these Regulations, the rules of participation in the Event or good manners.
- Concerning Entrepreneurs, the Service Provider, acting on behalf of the Organizer, has the right to suspend or limit the provision of Services, including the Access Service, as well as terminate the provision of the Service, with immediate effect, in particular in the event of
doubts as to the correctness or completeness of the provided by such Data User, as well as in the case of:
⎯ the Service Provider becomes aware that such a User violates the Regulations, applicable law or principles of good manners, rules of participation in the Event;
⎯ when the actions or omissions of the User adversely affect the good name of the Service Provider or otherwise harm the Service Provider;
⎯ if the Service Provider receives a complaint about the activity of a given User or in other cases the Service Provider has doubts as to compliance with the specificity of the Platform, the law and principles of social coexistence, and the User’s actions.
- The Service Provider has the right to suspend the provision of Services or terminate the Agreement for the provision of Platform Services, also to Users who are not Entrepreneurs, in the situations indicated in point 3 above, after prior unsuccessful summons to cease violations with a deadline for the cessation of violations. The request referred to in the
preceding sentence is sent to the User electronically via e-mail sent to the address indicated in the Account, as well as via messages on the Platform. The provisions of this section apply only to Users who are not Consumers:
- The sole source of the Service Provider’s obligations is these Regulations and mandatory provisions of law.
- The liability of the Service Provider and the Organizer for the Services provided on the Platform towards the Entrepreneur is excluded to the extent permitted by applicable law and is limited to the amount of PLN […] net. In particular, the liability of the Service Provider
and the Organizer for lost profits towards the Entrepreneur is excluded.
- The Service Provider and the Organizer shall not, in particular, be liable towards the Entrepreneur for:
a. interruptions in access to the Platform, including those preventing the use of the Services, caused by the need to remove any failures, testing hardware and software, the need for maintenance,
b. technical problems related to the use of the Platform, arising for reasons beyond the control of the Service Provider or the Organizer, including force majeure or incorrect operation of the Internet,
c. unavailability of the Platform or Services for reasons not attributable to the Service Provider or the Organizer,
d. damages incurred by the User, caused by incorrect writing or reading of data or any content,
e. the consequences of obtaining the rights enabling the use of the Services or the Platform by a third party.
- The Service Provider and the Organizer are not and will not be liable to the Entrepreneur for force majeure, by which these parties understand extraordinary external events not attributable to the Service Provider or the Organizer making it impossible to perform the obligations arising from the implementation of the Platform Service, which could not be
foreseen, or prevent them by ordinary means, even with due diligence, including in particular such as war, natural disaster, hacker attack, riots, general strikes, armed attacks, epidemics.
- The entrepreneur is liable for any damage caused by the violation of the provisions of the Regulations, law or good manners. The Service Provider or the Organizer has the right to charge the Entrepreneur with possible costs of court proceedings and other sanctions that the Service Provider or the Organizer has suffered as a result of the Entrepreneur’s activities
inconsistent with the Regulations, law or decency.
VIII. COMPLAINTS, CONSUMER WITHDRAWAL FROM THE CONTRACT, AND OUT-OF-COURT DISPUTE RESOLUTION
- The consumer may withdraw from the contract, including the Contract for the provision of Services, without giving a reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
- The consumer may formulate the declaration on his own or use the template of the declaration of withdrawal from the Agreement, which is attached to the Regulations.
- The Service Provider reminds that following the Consumer Rights Act, the right to withdraw from the Agreement by the Consumer is excluded in the case of: Agreement for the provision of Services, if the Service Provider has fully performed the Service with the express consent of the Consumer, who was informed before the commencement of the provision that after performance by the Service Provider will lose the right to withdraw from the Agreement, as well as in the case of a contract for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events if in the contract indicates the date or period of performance of the contract.
- The User may submit complaints regarding the Services provided on the Platform and in particular their non-performance or improper performance.
- Complaints may be submitted in writing or via e-mail to the Service Provider’s addresses indicated in these Regulations.
- In the complaint, the User should provide his name and surname, correspondence address, type and description of the problem.
- The Service Provider undertakes to consider the complaint of each User within 30 days.
- When it would be impossible to consider the complaint within the time limits referred to in the preceding sentence, the Service Provider will inform the User about the new date on which the complaint will be considered within these dates. In the event of deficiencies in the complaint, the Service Provider will call the User to supplement it to the extent necessary within 7 days from the receipt of the request by the User.
- Complaints regarding Events shall be submitted by the User directly to the Organizer.
- The consumer has, among others the following options for using out-of-court complaint and redress procedures:
⎯ is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the User and the Service Provider;
⎯ may also submit a complaint via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/. Information on how to access the above-mentioned mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl in the tab “Settlement of consumer disputes”.
IX. PERSONAL DATA PROTECTION
X. FINAL PROVISIONS
1. The platform is not an online intermediation platform, therefore the provisions of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users using online intermediation services.
2. The Regulations are available in Polish.
3. Copying or publishing these Regulations or parts thereof without the written consent of the Service Provider is prohibited.
4. Unless the mandatory provisions of law provide otherwise, the law applicable to any disputes arising under these Regulations is the Polish law.
5. Any disputes arising under these Regulations, in the event that the other party is not a Consumer, will be resolved before a common court having jurisdiction over the seat of the Service Provider.
6. The content of these Regulations may change. Each consumer will be informed about any changes through information on the Platform containing a list of changes and the date of their entry into force. The date of entry into force of the changes will not be less than 14 days from the date of their announcement. If the Consumer does not accept the new content of the Regulations, he is obliged to notify the Service Provider of this fact in an e- mail to the e-mail address indicated in point I of these Regulations, within 14 days from the date of notification of the change in the Regulations. Lack of acceptance results in the termination of the Agreement for the provision of Platform Services.
7. The Service Provider may also present changes to the Regulations to Users who have an Account to read and accept when logging into the Account. If the User does not accept the amendment to the Regulations, the Agreement for the provision of the Account Management Service is terminated after 14 days from this refusal unless the User accepts it during this time. In such a situation, the amended provisions of the Regulations shall apply to the User from the date of their acceptance.
8. Amendments to the Regulations regarding Entrepreneurs enter into force on the day