In these Terms and Conditions (save as expressly provided or unless the context otherwise requires) the following words and phrases shall have the following meanings:
"Terms and Conditions" ("Terms", "Conditions") means these Terms and Conditions.
"Website" ("Site") means the website located at http(s)//:www.kgnet.eu.
“Service” ("Services") means all the services to be provided through this website to its users.
"Service Provider" ("KGNET, "we") means the owner of this website, who is KGNET Bronisława Zdolska, company located in Poland, 41-945 Piekary Śląskie, Tarnogórska 4.
"User" ("Users", "Visitor", "Visitors" ) means any person or machine accessing this website or its services.
“Order” means the purchase order which shall include details of the goods and/or services to be purchased and the address at which such services and/or goods will be delivered and/or performed, to which these Terms and Conditions are applied.
“Goods” means the goods (if any) described in the order.
All content published on this website and services made available through it are provided in compliance with Polish and European Union laws. In particular, the provisions of the Polish Act of 18 July 2002 on the provision of electronic services (ie the Journal of Laws of 2016, item 1030 with later amendments) are applicable here, and these Terms and Conditions are the regulations referred to in Article 8 of the Act.
License and Site Access
Subject to your compliance with these Conditions of use and your payment of any applicable fees, we grant you a limited, non-transferable, non-exclusive, non-sublicensable license to access and make personal and non-commercial use of this website.
You are not allowed to download, copy, sale, resale, redistribute or modify in whole or in part the contents of this website. You may not mirror or frame any of the content from this site on another website or in any other media. This may be done only with written consent from us.
This general access license is free of charge, but access to certain parts of this website or its services may depend on having other licenses or a registered user account.
The requirement of proper use of the website and/or provided services is the use of a personal computer with Internet access, equipped with Windows, Mac OS, Linux or similar operating system and a web browser (Internet Explorer, Opera, Firefox, Google Chrome or Safari ).
The website is also adapted for display on mobile devices. The condition for using the mobile version of the Website is the use of a mobile device with Internet access, equipped with a web browser (Chrome Mobile, Internet Explorer Mobile, Android Browser Opera Mini or Safari Mobile).
Users are solely responsible for providing the right equipment and software to access the website.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website or any other services, and you can retain copies of these communications for your records. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Content published on this website or made available through any of its services (digital downloads, files, software, images, texts, graphics, logos) is the property of KGNET and/or its content creators and protected by Polish and international copyright laws. The entire compilation of the content found on this website is the exclusive property of KGNET, with copyright authorship for this compilation by KGNET.
KGNET respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Any of the trademarks, service marks, collective marks, design rights or similar rights that are mentioned, used or cited or made available through this website are the property of their respective owners. Their use here does not imply that you may use them for any purpose other than for the same or a similar informational use. Unless otherwise stated KGNET and this website are neither endorsed by nor affiliated with any of the holders of any such rights and as such we cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk and responsibility.
Limitation on Liability
Services, information, content, material, products, and software made available to you through this website are provided on an "AS IS" and "AS AVAILABLE" basis, unless otherwise specified in writing, KGNET makes no warranties, representations, guarantees or conditions of any kind, either express, implied or statutory, including but not limited to, the warranties of merchantability, fitness for a particular purpose, as to the operation of the website, or services, information, content, material, products, and software made available to you through this website
To the full extent permissible by law, KGNET will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, business interruption, or other intangible losses, regardless of whether we were advised of the possibility of such damage, arising from the use of this website, or its services, or from any information, content, material, products, made available to you through this website. You expressly agree that your use of this website is at your sole discretion and risk.
Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service.
This exclusion and waiver of liability applies to all causes of action, wheter based on contract, warranty, tort, or any other legal theories.
Links To Other Web Sites
Our website contains links to third-party web sites or services that are not owned or controlled by KGNET. KGNET has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that KGNET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- The administrator of Users' personal data is KGNET BRONISŁAWA ZDOLSKA based at ul. TARNOGÓRSKA 4, 41-945 PIEKARY ŚLĄSKIE, POLAND, VAT ID: 6530003819.
- We process Users' personal data in accordance with the law of the Republic of Poland, on the base of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926 with changes).
- Consent to the processing of personal data is in any case voluntary.
- Personal data provided by the User are processed by the Service Provider only for the purpose of acceptance and execution of the Order and consideration of the complaint.
- User has the right to access and correct the personal data concerning him.
- Users' personal data are not shared by the Service Provider to third parties.
You may need to create your own user account to use certain services, publish content, or purchase products. You are solely responsible for maintaining the confidentiality of your private user details (username and password), and responsible for all activities that occur under your account or password, and for restricting access to your account. You may not transfer or sale your account to third parties.
KGNET reserves all rights, at its sole discretion, to terminate accounts, edit or remove content and cancel orders.
Comments, Reviews, Emails, Communications, and Other Content
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, chain letters, spam, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content.
When you post your content, you grant KGNET non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content that you post, and that the content is accurate, and that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify KGNET for all claims resulting from content you supply.
Purchase and Orders
You can buy the products that we offer by placing an order in our online store, which is part of this website.
The ordering procedure is as follows:
- Add products of your choice to the Shopping Cart available on the website, using the "Add to Cart" button.
- After making your selection, go to the Shopping Cart Form by clicking the cart icon.
- In the Shopping Cart Form, you can change the quantity of ordered products and/or start the ordering procedure by clicking the Checkout button, which will take you to the Order Form.
- Complete all required fields in the Order Form:
- Provide billing information.
- Choose the appropriate payment method.
- Accept the Terms and Conditions
- Go to the order overview page using the "Review Order" button, check your order, and send it using the "Submit order" button.
- Make payment for your order.
- Wait for payment confirmation.
- Proceed to your User Account and download products.
Payments can be made directly to our bank account or via one of the available online payment systems provided by third-party Payment Service Provider (eg PayPal).
It is your sole responsibility to ensure that the entered payment information is correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the payment service. We cannot accept liability for payments being recorded on the wrong account if you supply inaccurate information, but will make every effort to reallocate any such payments if they arise.
By choosing one of the online payment methods, you represent that you agree, understand and confirm that your personal data including without limitation details relating to debit card/ credit card/net banking may be transmitted over the Internet to third-party Payment Service Provider and may be susceptible to misuse, hacking, theft and/or fraud and that KGNET or Payment Service Provider(s) have no control over such matters.
We cannot accept liability if payment is refused or declined by your credit/debit card supplier for any reason.
Delivery of the product (software or other digital goods) to you shall be made by electronic means and deemed to have occurred when the product has been made available to you for download or by providing you with a key for such usage. We are expressly authorized by you to ship the product upon completion of the applicable order. You may download licensed software or other products after logging into your user account and clicking Files button.
By visiting this website, you agree that the laws of the Republic of Poland, without regard to principles of conflict laws, will govern these Terms and Conditions, or any dispute of any sort that might come between KGNET and you, or its business partners and associates.
Disputes and Jurisdiction
We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to solve the problems in an amicable manner by contacting us in advance.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by courts located in the Republic of Poland, appropriate for our location, and you consent to exclusive jurisdiction and venue of such courts.
Legality of Content
Publication of information or use of technology found in this website may be in violation of the laws of the country or jurisdiction from where you are viewing this information. Our website is stored on servers in the Republic of Poland, and is maintained in compliance and under the protection of law of the Republic of Poland and the European Union. Laws in your country or jurisdiction may not protect or allow the same kinds of publication or distribution. We do not encourage the violation of any laws, and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce or republish the information contained herein.
Sanctions and Export Policy
You may not use this website and/or its services if you are subject to Polish or European Union sanctions. You must comply with all Polish and European restrictions on export and re-export, including software, technology and services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Changes in these Terms and Conditions shall not affect the rights and obligations of the parties arising in connection with the orders placed by the user before the date of entry into force of these amendments.
These Terms and Conditions are valid from 05/05/2018.