Terms and conditions of THE email newsletter
These Terms and Conditions set forth the terms, scope and conditions of the email newsletter delivered by Blazity Sp. z o.o. with its registered office in Warsaw, Poland.
1. DEFINITIONS
Unless defined elsewhere the document, capitalized terms used in the Terms and Conditions have the following meanings:
1.1. Service Provider - Blazity Sp. z o.o. with its registered office in Warsaw, ul. Plac Trzech Krzyży 10/14, 00-535 Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register, under the KRS number 0000743458, with the share capital of 5,000.00 PLN, NIP 9512467349, e-mail: contact@blazity.com;
1.2. Consumer - a natural person entering into an agreement with the Service Provider that is not directly related to his/her business or professional activity; the provisions on the consumer also apply to the entrepreneur in the rights of the consumer, i.e., an individual who enters into an agreement directly related to his/her business activity, when it is clear from the content of the agreement that it is not of a professional nature for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity; a Consumer is also a User;
1.3. User - an individual who fills out the Form and thus enters into an agreement with the Service Provider for the provision of digital content in the Newsletter;
1.4. Agreement – an agreement of the provision of the Newsletter, including digital content within the meaning of the Act on Consumer Rights, under which the Service Provider undertakes to provide the Newsletter to User free of charge for an indefinite period, and the User undertakes to provide the Service Provide with personal data;
1.5. Form – a website form embedded on the Service Provider’s website www.blazity.com, including on the website available at [...] [PC1] for signing up for the Newsletter,
1.6. Newsletter- e-mails sent by the Service Provider to User, regarding the Service Provider’s business activities and informational and educational materials for individuals in the IT industry;
1.7. Terms and Conditions – there terms and conditions;
1.8. Website– website available at www.blazity.com;
1.9. Act on Consumer Rights – Act of 30th May 2014 on Consumer' Rights (Poland law).
2. TERMS AND CONDITIONS
2.1. Terms and Conditions set forth the terms, scope and conditions of User’s use of the Newsletter, and further:
2.1.1. conditions of conclusion and termination of the Agreement,
2.1.2. terms and conditions for the provision of the Newsletter,
2.1.3. principles for filing and investigating complaints,
2.1.4. principles for Service Provider's liability.
2.2. Before joining to the Newsletter, User is obliged to read the Terms and Conditions and the Privacy Policy. In order to use the Newsletter, the Users must accept the Terms and Conditions and Privacy Policy.
2.3. The Terms and Conditions are made available free of charge via the Service Provider’s website, in a manner that allows obtaining, reproducing and recording the content of the Terms and Conditions by means of a tele informatic system used by the User.
3. TECHNICAL CONDITIONS
3.1. In order to join the Newsletter it is necessary to use a device communicating with the Internet and equipped with a web browser.
3.2. The minimum technical requirements to use the Newsletter are:
3.2.1. installed and current operating system on the device,
3.2.2. updated web browser,
3.2.3. stable internet connection,
3.2.4. active email account.
3.3. Service Provider is not a provider of data transmission or telecommunication services. All costs associated with data transmission or telecommunication services required for the use of the Newsletter shall be borne solely by the User under separate agreements concluded by the User with the providers of these services.
4. NEWSLETTER
4.1. The Service Provider enables the User to conclude an agreement of the provision of digital content in the form of the Newsletter, for which the User does not pay any monetary fee, but provides the Service Provider with his/her personal data and agrees to send him/her the Newsletter.
4.2. The digital content sent as part of the Newsletter is educational and informative, for the sole use of the User.
4.3. The Newsletter may contain third party materials or links to other websites. Links to other websites are provided on the Newsletter for User’s information and convenience.
4.4. In order to conclude the Agreement the User should perform the following actions[PC2] :
4.4.1. enter the Service Provider’s website or dedicated subpage;
4.4.2. enter the email address in the Form;
4.4.3. obligatorily check the checkbox next to the statement of consent to receive the Newsletter, read the Terms and Conditions and Privacy Policy and accept their provisions;
4.5. The submission of the Form by User to the Service Provider is tantamount to the conclusion of the Agreement.
4.6. The Agreement is concluded for an indefinite period of time.
4.7. The Newsletter will be delivered to the e-mail address provided by the User in the Form. The frequency and delivery dates of the Newsletter are not predetermined and depend on the Service Provider’s current decisions.
4.8. The Newsletter shall not be updates.
5. NON-COMPLIANTE OF THE NEWSLETTER WITH THE AGREEMENT
5.1. The Service Provider is obliged to provide the Consumer the Newsletter in accordance with the Agreement. Conformity with the contract is assessed in accordance with the provisions of theAct on Consumer Rights.
5.2. The Service Provider is responsible for the lack of compliance the Newsletter with the Agreement, which existed at the time of delivery of the Newsletter and became apparent within two years from that moment. It is presumed that the lack of compliance, which became apparent within one year from the delivery of the Newsletter, existed at the time of their delivery.
5.3. If the Newsletter is inconsistent with the Agreement, the Consumer may demand that the Newsletter be brought into compliance with the Agreement. The Service Provider may refuse to bring the digital content into conformity with the Agreement, if it is impossible or would require excessive costs for the Service Provider.
5.4. If the Newsletter are inconsistent with the contract, the Consumer may submit a declaration of withdrawal from the Agreement, in accordance with section 8, when:
5.4.1. bringing the Newsletter into compliance with the Agreement is impossible or requires excessive costs,
5.4.2. the Service Provider did not bring the Newsletter into compliance with the Agreement,
5.4.3. the non-compliance of the Newsletter with the Agreement continues, even though the Service Provider has tried to bring the Newsletter into compliance with the Agreement,
5.4.4. the lack of compliance of the Newsletter with the Agreement is significant enough to justify withdrawal from the contract without prior use of the protection measure specified in section 5 point 5.3. of the Terms and Conditions,
5.4.5. it is clear from the Service Provider's statement or circumstances that he will not bring the Newsletter into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.
6. COMPLAINT
6.1. In matters relating to the Newsletter, the User has the right to make a complaint.
6.2. The complaint should include at least the following information: (i) e-mail address of the User, (ii) description of circumstances justifying the complaint. Complaints not containing these data indicated above, will not be recognized by the Service Provider.
6.3. Complaints may be sent to the Services Provider’ address, i.e. Blazity Sp. z o.o., ul. Plac Trzech Krzyży 10/14, 00-535 Warsaw, Poland, or to the e-mail address: contact@blazity.com.
6.4. Complaints will be considered by the Service Provider within 14 days of receipt. Service Provider will inform the User on the result of reviewing the complaint to the e-mail address indicated in the complaint.
7. OBLIGATIONS AND LIABILITY
7.1. The User’s Obligations. The User is obliged to use the Newsletter in a manner consistent with the law and the regulations, including:
7.1.1. use the Newsletter in a manner that does not violate the rights of third parties, good customs or the law,
7.1.2. not to place in the Form any misleading or illegal content, including providing an e-mail address that does not belong to the User,
7.1.3. to use the Newsletter in a manner that does not interfere with its functioning.
7.2. The Service Provider’s Liability.To the extent permitted by law, the Service Provider is not responsible for:
7.2.1. acts and omissions of telecommunication operators and service providers, which are used by the User to access the Newsletter;
7.2.2. interruptions or difficulties in access to the Newsletter caused by necessary technical interruptions, failures of telecommunication links, or caused by force majeure,
7.2.3. the User's actions inconsistent with the Terms and Conditions, including damages caused to third parties as a result of using the Newsletter by the Users in a manner inconsistent with the Terms and Conditions and the law;
7.2.4. the completeness, accuracy, correctness, timeliness and usefulness of the information contained in the Newsletter coming from third parties,
7.2.5. the availability of third parties’ websites, their contents nor for any damage or harm that might be inflicted as a result of accessing those websites.
7.3. If Service Provider becomes aware of a breach of the Terms and Conditions by User, the Service Provider may immediately prevent the User from accessing the Newsletter at any time, to any extent and without notice.
8. TERMINATION AND WITHDRAWAL FROM THE AGREEMENT
8.1. The User may rescind the Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion, by informing the Service Provider. Rescind from the Agreement means resignation from receiving the Newsletter.
8.2. The User may terminate the Agreement at any time and without giving any reason, with immediate effect.
8.3. In order to rescind from the Agreement or termination the Agreement, the User may click on the link contained in each message sent as a part of the Newsletter, or by sending an e-mail to the Service Provider’s e-mail address. The statement of rescind may also be submitted on the form attached as Appendix No. 2 to the Act on Consumer Rights.
8.4. The Service Provider may terminate the Agreement in the event of User’s inactivity for a period of one year, including the User not opening messages[PC3] , which does not require prior notification to the User by Service Provider.
9. MISCELLANEOUS
9.1. The Consumer’s rights. Terms and Conditions do not limit the rights of Consumers under applicable laws. If relevant laws grant rights to Consumers that cannot be excluded or limited, the Service Provider will respect and execute them.
9.2. Personal data. By joining to the Newsletter, the User acknowledge and agree that our Policy Privacy available at: https://blazity.com/privacy-policy governs the collection, usage and disclosure of User’s personal information.
9.3. Methods of out-of-court dispute resolution.The User who is a Consumer has the right to use out-of-court ways to deal with complaints and claims. Disputes relating to the Newsletter can be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or arbitration proceedings at the Provincial Inspectorate of Trade Inspection. The consumer may also use other methods of out-of-court dispute resolution and e.g. file his/her complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
9.4. Assignment. Users may not assign the Agreement without the Service Provider’s prior written consent; however such consent cannot be unreasonably withheld. The Service Provider may assign the Agreement at any time.
9.5. Severability. If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Agreement shall remain in full force and effect.
9.6. Survival. All sections of the Terms and Conditions that by their nature should survive termination will survive such termination, including, without limitation, payment obligations, confidentiality obligations, intellectual property rights, warranty disclaimers, indemnities and limitations of liability.
9.7. Governing Law and Jurisdiction. The Terms and Conditions shall be governed by and is to be construed and interpreted in accordance with the laws of Poland. All disputes arising under the Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Warsaw, Poland. This provision does not apply to Consumers, for which the jurisdiction of the court is considered under the general rules.
9.8. Changes to the Terms and Conditions. The Service Provider has the right to modify these Terms of Conditions at any time. The amendment of the Terms and Conditions is effective after 14 days from the moment of informing the Users about the changes and making the amended Regulations available. If the User does not accept the changes to the Terms and Conditions, he/she should immediately, not later than within 14 days from the date of announcement of the changes, terminate the Agreement in accordance with section 8. If the change of the digital content significantly or negatively affects the User's access to the digital content, the Service Provider will inform the User in advance on a durable medium about the type and date of the change. In that case the User will be able to terminate the Agreement without notice within 30 days from the date of the change or informing about this change, if the notification took place later than the change.
9.9. The Terms and Conditions are effective as of March 16, 2023.