Terms and conditions of the website

CHAPTER I

GENERAL PROVISIONS

§1

PURPOSE AND SCOPE OF THE TERMS

1. These Terms and Conditions regulates the rules for the use of the Website by Users, including the rules and regulations for the provision of services by electronic means within the meaning of Article 8 of the ESS and the general terms and conditions of agreements for agreements concluded with the Administrator through the Website within the meaning of the chapter 5B of the CRA.

2. These Terms shall apply to:

a) Users’ use of the Website by inter alia opening, browsing, sharing the content contained therein;

b) conclusion of Lead Magnet Agreements.

3. The Administrator can be contacted via:

a) e-mail address: info@grapeup.com

b) in person at the address: Hetmana Żółkiewskiego 17A, 31-539 Kraków, Polska.

§2

DEFINITIONS

Terms used in the Regulations shall have the following meanings:

1) Administrator – Grape Up spółka z ograniczoną odpowiedzialnością with its registered office in Kraków (31-539) at Hetmana Żółkiewskiego 17A, entered into the National Court Register by the District Court for Kraków-Śródmieście in Kraków XI Economic Division of the National Court Register under no.: 0000513816, NIP: 9452179309;

2) Website – the website available at https://grapeup.com/ and other sites operating within the domain operated by the Provider, where it is possible to read the materials provided by the Provider and to obtain Digital Content or Digital Services or to conclude a Lead Magnet Agreement;

3) Terms – these Terms and Conditions of the Website;

4) User – a natural person over 13 years of age, whereby if such a person is under 18 years of age, the consent of their legal representative is required, unless they have full legal capacity, as well as a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, which uses the Website;

5) Consumer – User concluding a contract with the Administrator which is not directly related to his/her commercial or professional activity. For the purposes of these Terms, a natural person concluding a contract with the Administrator which is directly related to his/her business activity is also considered to be a Consumer, if it follows from the content of the contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity;

6) Form – an online form available on the Website for ordering Lead Magnet and concluding the Lead Magnet Agreement;

7) Materials – Digital Content or Services (in particular e-books) provided by the Administrator, for which the User does not pay a monetary fee, but provides the Administrator with personal data for marketing and promotional purposes (in particular, contact to present its products and services, including sending commercial information);

8) Agreement or Lead Magnet Agreement – a distance contract for the provision of Materials supplied by the Administrator, for which the User does not pay a monetary fee, but provides the Administrator with personal data for marketing and promotional purposes (in particular, contact for the purpose of presenting its products and services and sending commercial information);

9) Digital Content – data which are produced and supplied in digital form;

10) Digital Service – a service that allows the Consumer to:

a) produce, process, store, or access data in digital form;

b) share data in digital form that have been sent or created by the Consumer or other Users of this service;

c) interact with digital data in other forms;

11) ESS – Act of 18 July 2002 on Electronically Supplied Services;

12) CRA – Consumer Rights Act (of 30 May 2014);

13) Privacy Policy – a privacy policy, i.e. a notice explaining how the Administrator processes personal data, available under: https://grapeup.com/privacy-policy.

§3

USE OF THE WEBSITE

1. The Administrator maintains ongoing supervision of the technical functioning of the Website, making efforts to its proper operating. The Administrator reserves the right to change the Site, including the functionalities available within it, as well as the right to interrupt or stop the operation of the Site due to, inter alia, maintenance activities. This does not affect the Administrator’s obligations under previously concluded Agreements.

2. The use of the Website is possible on the condition that the User’s IT system meets the minimum technical requirements specified in 4 of the Terms.

3. The User is obliged to use the Website in a manner consistent with these Terms, applicable laws, rules of social coexistence and the objectives of establishing the Website, and in particular in a manner that does not infringe the rights of third parties and the rights and interests of the Administrator.

4. The Terms are available free of charge on the website https://grapeup.com/terms-of-use in a manner that enables the User to obtain, reproduce and record it by means of a data communications system.

§4

MINIMUM TECHNICAL REQUIREMENTS

1. To use the Website, including the Materials, you should provide the following minimum technical requirements:

a) ensure the internet access with a bandwidth of not less than 1 Mb/s;

b) install the operating system:

ba. in personal computers – Windows 10 and newer or MacOS 10.12 and newer

bb. in mobile devices –Android 7.0 and newer or iOS 11 and newer

c) install the web browser: Chrome, Mozilla Firefox, Safari or Microsoft Edge in latest versions;

d) install the application/software or web browser plugin which may read the pdf format (e.g. Adobe Acrobat Reader).

2. The conclusion of agreements and use of Materials requires, in addition to meeting the requirements indicated in clause 1, the possession of an active electronic mail (e-mail) account.

3. Additional technical requirements that the User must meet, necessary to access the Materials, may be specified each time in the description of the given Material.

4. If the User utilizes computer hardware or software that does not meet the technical requirements specified in the Regulations (subject to the provisions of point 3 above), the Administrator does not guarantee the proper functioning of the Materials and reserves the right to state that this may have a negative impact on their quality or manner of use, for which in such a case, it does not bear responsibility.

§5

INTELLECTUAL PROPERTY

1. Content available through the Website, including blogs and Materials provided to the User, is subject to protection under the Act of 4 February 1994 on Copyright and Related Rights. The Service and Materials may contain legally protected trademarks.

2. The User may only use the Materials for personal purposes without the right to further distribute them or use them in any other way for the purposes of his/her business (or for other commercial purposes).

3. By entering into the Agreement, the User acquires a non-exclusive license to use the Materials in the following fields of exploitation:

a) display;

b) screening.

4. Further fixation and reproduction, marketing of the original and copies, broadcasting and re-broadcasting, as well as public exhibition, display, reproduction and making the Materials available in such a way that anyone can access it from a place and at a time chosen by them, as well as any use of the Materials beyond the fields of exploitation indicated in clause 3 of this paragraph is prohibited.

5. Modification and alteration of the integrity of the Materials shall be prohibited without the consent of the Administrator, unless it is due to obvious necessity and the Administrator would not have a legitimate reason to object to it.

CHAPTER II

LEAD MAGNET AGREEMENT

§6

CONCLUSION OF THE AGREEMENT

1. Through the Website, the Administrator enables the User to conclude a Lead Magnet Agreement, i.e. an agreement for the provision of Materials (Digital Content or Digital Services), for which the User does not pay any monetary fee, but provides the Administrator with his/her personal data to be processed for marketing and promotional purposes (in particular, contact to present products and services provided by Grape Up Group companies, information about the activities of Grape Up Group companies, branch conferences with their participation, including the sending of commercial information).

2. The conclusion of the Agreement requires:

a) reading the Terms and the Privacy Policy;

b) filling in the Form;

c) submitting the Form confirming the wish to conclude the Agreement, including subscription to the list of recipients of commercial information (checkbox under the Form).

3. The Agreement shall be deemed to have been concluded upon the User’s Form submission referred to in clause c) above.

4. The User shall receive a confirmation of the conclusion of the Agreement at the latest when the distance contract is concluded.

5. In the Form, the User is obliged to provide data that is truthful, accurate and up-to-date, not misleading and does not infringe the rights of third parties. The Administrator shall not be liable for any erroneous data provided by the User.

§7

OBJECT OF THE AGREEMENT

1. The object of the Agreement shall be the Materials available on the Website selected by the User when concluding the Agreement.

2. The description of the Materials is made available within the Website and forms an integral part of the Agreement.

3. The downloading of Materials which are files (in particular e-books) is of a one-time nature.

4. The Administrator shall not be liable for incorrect downloading or saving of the Materials by the User resulting in loss of access.

5. Materials comply with the Agreement if:

a) compliance with the Agreement remains in particular description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;

b) they are compatible with the Agreement if, in particular, they are suitable for the specific purpose for which the User needs them, which the User notified the Administrator of at the latest when the Agreement was concluded and which the Administrator accepted;

c) they are suitable for the purposes for which Materials of this type are normally used, taking into account applicable law, technical standards or good practice;

d) they are in such quantity and have such features, including functionality, compatibility, availability, continuity and security, as are typical of Materials of this type and which the User may reasonably expect, taking into account the nature of the Materials and the public assurances made by the Administrator, its legal predecessors or persons acting on its behalf, in particular in advertising;

e) are supplied with such accessories and instructions as the User may reasonably expect;

f) comply with the trial version or announcement (that contains the information about the content of Materials) that was made available to the User by the Administrator on Website prior to the conclusion of the Agreement.

6. The Administrator shall inform the User of updates, including security features, necessary for the Materials to comply with the Agreement and shall provide them to the User for the duration of as reasonably expected by the User, taking into account the type of Materials and the purpose for which they are used, and the circumstances and nature of the Agreement.

7. If the User fails to install the updates provided by the Administrator in accordance with clause 6 above within a reasonable time, the Administrator shall not be liable for the non-compliance of the Materials with the Agreement arising solely from the failure to install the update if:

a) it has informed the User of the update and the consequences of not installing it;

b) the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Administrator.

8. The User may make a complaint about the non-compliance of the Materials with the Agreement in any form by contacting the Administrator in the manner indicated in 1 clause 3 of the Terms.

9. The User will be informed of the way in which the complaint has been resolved within 14 days counted from the day following the day on which the Administrator received information about the complaint. The Administrator will be notified about the resolution of the reported complaint to the e-mail address provided by the User.

10. The Administrator shall be liable for any non-conformity of the Materials with the Agreement that existed at the time of delivery and became apparent within two years of that time. Any non-conformity of the Materials with the Agreement that became apparent before one year after delivery shall be presumed to have existed at the time of delivery.

§8

PAYMENT CONDITIONS

1. The User does not pay a monetary fee for the Materials provided to him/her by the Administrator, however, he/she provides the Administrator with personal data which will be processed for marketing and promotional purposes.

2. If the User does not wish to provide the Administrator with personal data for marketing and promotional purposes, the User may pay a price specified by the Administrator. Acquisition of Materials for a monetary fee requires individual contact with the Administrator.

§9

DELIVERY OF THE MATERIALS

1. Delivery of the Materials to the User shall be made by sending the relevant files or links to the User’s e-mail address no later than one working day after the Form is received by Administrator referred to in 6 clause 2.c) of the Terms.

2. If the Administrator has not provided the Materials to the User, the User shall call on the Administrator to provide the Materials.

§10

DURATION OF THE AGREEMENT

The Administrator shall have the right to contact the User for marketing and promotional purposes (including contacting User to present products and services provided by companies belonged to Grape Up Group and sending you commercial information to the e-mail address indicated by the User and contact by phone, if telephone number was provided by the User) for a period of 36 months from the end of the year in which the Agreement was concluded, unless the Agreement is terminated before the end of that period.

§11

WITHDRAWAL OF THE AGREEMENT

1. The User may withdraw from the Agreement if:

1) the Administrator fails to deliver the Materials within an additional period of 14 days despite the summons referred to in 9 clause 1 of the Terms;

2) it is evident from the Administrator’s statement or from the circumstances that he will not deliver the Materials;

3) the User and the Administrator have agreed, or the circumstances of the Agreement clearly indicate, that the specified deadline for delivery of the Materials was of material importance to the User, and the Administrator failed to deliver them by that deadline;

4) the Materials do not comply with the Agreement and:

a) it is impossible or requires excessive costs to bring them into conformity with the Agreement or.

b) the Administrator has failed to bring the Materials into conformity with the Agreement within a reasonable time from the moment it was informed by the User and without unreasonable inconvenience for the User or

c) the non-compliance of the Materials with the Agreement continues even though the Administrator has attempted to bring them into compliance with the Agreement or

d) the lack of compliance of the Materials with the Agreement is so significant that it justifies withdrawal from the Agreement without the User’s prior request to bring them into conformity with the Agreement or

e) it is clear from the Administrator’s statement or circumstances that it will not bring the Materials into conformity with the Agreement within a reasonable time or without undue inconvenience to the User.

2. The Consumer may withdraw from the Agreement for no cause within 14 days from the date of conclusion of the Agreement.

3. A model withdrawal is attached to the Terms.

§12

TERMINATION OF THE AGREEMENT

1. The Agreement shall be terminated without notice in the event that:

a) the User clicks on the unsubscribe link contained in the body of the e-mail (“Unsubscribe“);

b) the User submits an effective objection to the processing of his/her personal data for marketing and promotional purposes.

2. The Agreement may be terminated without notice if the User does not show any activity related to the messages obtained from the Administrator or contact with the Administrator, which is understood as not opening emails sent by the Administrator for at least 24 months.

3. In the case of termination or withdrawal from the Agreement, personal data made available for the purpose of concluding the Agreement shall be processed for archiving purposes in order to prove the fact of concluding the Agreement by the User, in particular they shall not be processed for marketing and promotional purposes.

§13

OUT-OF-COURT DISPUTE RESOLUTION

1. The Consumer shall have recourse to out-of-court complaint and redress procedures, including the possibility:

a) to apply to a permanent amicable consumer court to resolve a dispute arising from the Agreement concluded;

b) apply to the regional inspector of the Commercial Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the buyer and the seller;

c) use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

2. Detailed information on out-of-court ways of dealing with complaints and pursuing claims, the Consumer may look for at the website http://polubowne.uokik.gov.pl .

3. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales agreement or service agreement.

CHAPTER III

FINAL PROVISIONS

§14

AMENDMENTS TO THE TERMS

1. The Administrator reserves the right to amend these Terms for important reasons, such as legal, technological and business change. Users shall be informed of amendments to the Terms by posting the new, amended version of the Terms on the Website.

2. Amendments to the Terms shall come into force on the date of posting the new version or on the date specified with the information on amendments to the Terms.

3. In the case of concluded Agreements, the amended Terms shall come into force as of the effective date indicated by the Administrator. In the case of contracts concluded before that date, the User may terminate the relevant contract due to the changes in the Terms or demand that the Terms as previously in force be applied to him/her.

§15

APPLICABLE LAW

1. The provisions of the applicable law, in particular the provisions of the Act of 30 May 2014 on Consumer Rights, the Civil Code Act of 23 April 1964 and the Act of 18 July 2002 on Electronic Services Supply shall apply to matters not regulated in the Terms.

2. The Terms shall be governed by Polish law.

3. Issues related to the protection of personal data are described in the Privacy Policy.

TERMS AND CONDITIONS OF THE WEBSITE