PAR. 1 Definitions
Whenever the below-capitalised terms are used herein, they shall be understood as follows:
- Rules – these rules applicable to the sylius.com website;
- Sylius – Paweł Jędrzejewski running business activity under the name of Sylius Paweł Jędrzejewski with registered office in Łódź (90-521), Poland, at ul. Wólczańska 125, Tax Id. No. (NIP): 7282723120, Industry Id. No. (REGON): 101356204;
- Client – a natural person with full capacity to perform acts in law, a legal person or an unincorporated business unit with legal capacity assigned by specific legal regulations that uses the Website or places the Order;
- Website – the website run by Sylius under the URL address: www.sylius.com;
- Commercial Services – services rendered by Sylius against payment that may be ordered via the Website;
- Order – an offer to enter into the Agreement submitted by Sylius’ Client via the Website;
- Agreement – a commercial services agreement concluded between Sylius and the Client in accordance with rules laid down herein;
- Cut-Off – temporary discontinuation of the operation of the Website or of its particular web pages or functions, required for technical reasons, e.g. in connection with maintenance, retrofits or repairs of the Website;
- Force Majeure – any external event of an extraordinary or random nature beyond the control of Sylius and of the Client or which cannot be prevented by them, including riots, strikes, armed conflicts, states of emergency or natural disasters;
- GDPR – the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
- Personal Data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- Processing – any operations performed on the Personal Data, such as collecting, recording, storing, structuring, altering, sharing and erasing, especially the ones performed in any IT systems.
PAR. 2 General provisions
- Sylius shall render services via the Website and conclude the Agreements in Polish and English.
- The Website is dedicated for entrepreneurs within the meaning of the Act of 23 April 1964 Civil Code. The Agreements shall be concluded exclusively with the entrepreneurs in the meaning indicated above.
PAR. 3 Technical Requirements and rules for use of the website
- In order to use the Website, the Client shall satisfy the following technical requirements:
- a computer or mobile device (e.g. smartphone, tablet) connected to the Internet and with software allowing for access to the Website;
- an active email account.
- Sylius has the right to introduce the Cut-Off. Sylius shall inform the Clients of any planned Cut-Offs that might affect the normal use of the Website by posting information about the planned Cut-Off on the Website.
- In case of the Website’s failure, Sylius shall apply best efforts to promptly restore the Website’s functionalities.
PAR. 4 Services
- With the use of the Website, the Client may view its content free of charge, and place the Orders for the Commercial Services.
- The Website may be viewed at any time. Once the Client starts viewing the Website, the Agreement shall be concluded between the Client and Sylius in this regard, which expires when the Client leaves the Website.
- The catalog of the Commercial Services, as well as their scope and terms, including fees due to Sylius for their performance, shall be specified on the Website.
PAR. 5 Offer
- Information on the Commercial Services presented on the Website shall not constitute an offer within the meaning of the Act of 23 April 1964 Civil Code; instead, it represents an invitation for the Clients to make offers.
- When placing the Order with the use of tools available on the Website, the Client makes an offer to enter into the Agreement on terms laid down herein and on the Website.
PAR. 6 Placement of the orders & conclusion of the agreements
- The Orders for the Commercial Services may be placed via the Website with the use of a form available on the Website.
- In order to place the Order, the Client has to read and accept the Rules.
- When placing the Order, the Client is obliged to provide a set of data specified in a form relevant for the Commercial Service being ordered.
- The Commercial Services Agreement shall be concluded upon the receipt by the Client of an email confirming the acceptance of the Order by Sylius.
- The message confirming the acceptance of the Order shall include information about the Commercial Service ordered, including a type of the Service, the amount of Sylius’ fee for the Service, terms of payment and a time limit for the performance of the Service.
- If Sylius does not confirm the acceptance of the Order in the manner referred to in Par. 6.5 within 14 days, the Agreement shall not be concluded.
- While the Orders may be placed 24 hours per day and 365 days per year, they shall be confirmed solely on business days (i.e. Monday through Friday except for Polish public holidays) from 9 to 18 (CET or CEST, depending on the time currently applicable in Poland).
PAR. 7 Liability
- In connection with the Client using the Website and with regard to the Commercial Services, Sylius does not grant any warranty, either explicit or implied, in particular as regards the continued and uninterrupted operation of the Website or the compliance of the Website and the Commercial Services with the Client’s expectations. Sylius’ liability under statutory warranty shall be excluded.
- Sylius represents that the Website has been developed with due care and diligence, applying the best knowledge and technology held by Sylius; however, Sylius shall not be liable for any damage related, directly or indirectly, to:
- use of the Website by the Client, in particular for any damage to the Client’s software, hardware or any other property arising in connection with the use of the Website, especially if this has been caused by the improper use of the Website, software or hardware;
- no access to the Website or limited availability of the Website;
- use of the content available on the Website by the Client;
- content posted by the Clients on the Website.
- Sylius shall not be liable for the Website’s failure to operate or for its improper operation and for the non-performance or undue performance of the Agreement if this has been caused by or is related to the Force Majeure or the improper use of the Website by the Client or by the Client failing to meet their obligations.
- Sylius’ liability for the Client’s lost profits in connection with the use of the Website and the Commercial Services shall be excluded. The above limitation shall apply to contractual and tort liability.
- Sylius’ liability for any damage arising in connection with or as a result of the non-performance or undue performance of the services referred to herein, including the Commercial Services, shall be limited to the amount of the fee due to Sylius for the Commercial Services ordered or – in case of the services other than the Commercial Services – to EUR 1,000.00.
- The liability limitations stipulated herein shall apply to the fullest extent permitted by law.
PAR. 8 Resignation from the services
- The Client may resign from the ordered Commercial Services by submitting to Sylius a relevant statement in the form of an e-mail to be sent to the address: [email protected].
- In spite of the Client’s resignation from the ordered Commercial Services, Sylius may be entitled to retain funds paid by the Client in accordance with rules set for the given Commercial Service specified on the Website.
PAR. 9 Complaints
- Any complaints concerning the services shall be filed at the address [email protected].
- The complaint or a request shall include a name and surname, an email address and description of a case in question.
- Sylius is obliged to reply to the complaint within 30 days as of its receipt.
PAR. 10 Legal reservations
- The Client is obliged to use the Website in accordance with its purpose, in compliance with the Rules and in conformity with law and rules of social conduct.
- Copying, reprinting or using, to any extent, of the materials or data available on the Website shall always require Sylius’ written consent. In particular, it is forbidden to download, process and use the data and any other information available on the Website in order to further release them on other websites, online portals or offline, or in any other manner detrimental to Sylius’ interests.
- The Client is forbidden from supplying via or with the use of the Website any illegal content or content violating the rules of social conduct or decency, including in particular any content that is offensive, pornographic, contains hate speech, is vulgar, untrue, misleading, contains viruses or malware or violates rights of third parties or morality; or any false information detrimental to Sylius’ good reputation.
PAR. 11 Threats
- As any other Internet user, the Client is exposed to online threats. The main threat for each Internet user involves potential infection of their ICT system with software created mainly with a view to causing harm such as viruses, bugs or Trojans. In order to avoid the threats related thereto, including the ones appearing at the moment of opening emails, the Clients are recommended to install on their computers used to connect to the Internet to view the Website an antivirus programme and firewall and update them on an ongoing basis.
- Further, Sylius informs the Clients that particular threats related to the use of the Website involve actions by hackers aiming at hacking both Sylius’ system (e.g. attacks on its sites) and the Client’s system.
- Sylius informs the Clients that it applies cutting-edge protection technologies to mitigate the risks referred to in Par. 11.1-2; however, there are no solutions available that would completely and fully protect against the described adverse actions.
PAR. 12 Personal data
- Sylius shall be the controller of the Personal Data.
- To protect its Clients’ Personal Data, Sylius applies appropriate organizational and technical measures that prevent interference with the Clients’ privacy. These measures ensure security on a level prescribed by applicable laws.
- In the fulfillment of the disclosure requirement under Art. 13 and 14 of the GDPR, Sylius informs the Clients that:
- the controller of the Clients’ Personal Data shall be Paweł Jędrzejewski running business activity under the name of Sylius Paweł Jędrzejewski with registered office in Łódź (92-524), Poland, at ul. Andrzeja Sacharowa 35/5;
- the controller can be contacted at the e-mail address: [email protected];
- the Personal Data provided by the Clients shall be processed in order to perform the Services, pursuant to Art. 6.1.a or b of the GDPR;
- if the Client has consented to the processing of the Personal Data provided in a contact form, the Personal Data shall be processed in order to reply to an inquiry included in the form;
- if the Client has consented to the processing of the Personal Data provided in a training form, the Personal Data shall be processed in order to reply to an inquiry included in the training form;
- if the Client has consented to the processing of the Personal Data provided in a demo order form, the Personal Data shall be processed in order to send a gratuitous demo version;
- if the Client has consented to the processing of the Personal Data provided for recruitment purposes, the Personal Data shall be processed for recruitment purposes;
- if the Client has consented to the processing of the Personal Data provided in a newsletter subscription form, the Personal Data shall be processed to send the newsletter;
- if the Client has consented to the processing of the Personal Data provided in a ‘Become Sylius Partner’ form, the Personal Data shall be processed to send information about partnership;
- in the event of multiple cases of consent (marketing consent/consent to contact by phone/consent to sending emails/commercial information), the Personal Data provided shall be also processed pursuant to Art. 6.1.a) of the GDPR;
- the Clients’ Personal Data shall be stored until the consent is withdrawn, and in case of the data necessary to perform the Agreement – for a period necessary to determine, pursue or defend claims or for a period prescribed by financial laws, whichever is longer;
- the Clients have the right to withdraw consent at any time, which shall not affect the compliance with law of the processing based on the consent prior to the withdrawal thereof;
- the Clients have the right to request from the controller access to and rectification or erasure of the Personal Data or restriction of processing, as well as the right to data portability and the right to object against processing;
- if the Client detects that their Personal Data is processed in breach of the GDPR, he/she has the right to file a complaint with the President of the Personal Data Protection Office;
- the provision of the Personal Data is voluntary; however, failure to provide the specific Personal Data may result in the inability to perform the Agreement with the controller;
- the Clients’ Personal Data shall not be transferred to a recipient in a third country.
PAR. 13 Amendments of the rules
- Sylius reserves the right to amend the Rules in justified cases, including in particular in the case of a change in technical conditions of the Website’s operation, decisions or judgments affecting or potentially affecting the Rules or the Website’s operation issued by competent public authorities, the Force Majeure or formal or organisational changes at Sylius with a bearing on the Website’s operation.
- Sylius shall inform the Clients of any amendments to the Rules by posting the relevant information on the Website or by sending an email to an address specified by the Clients – in case of the Clients with the Agreements in force.
- Any amendments to the Rules shall enter into force upon the lapse of seven days following the date when the Client was informed thereof in compliance with Par. 13.2, subject to Par. 13.4.
- For the Agreements concluded prior to any amendments of the Rules, the existing provisions of the Rules shall apply.
PAR. 14 Final provisions
- The performance of the Rules and the Agreements concluded with Sylius under the Rules shall be governed by the Polish law.
- Any disputes under the Rules or under the Agreements concluded with Sylius based on the Rules shall be settled by the Polish court competent for Sylius’ registered office.