TERMS AND CONTITIONS

OF USE OF WWW.ESB-LEGAL.PL WEBSITE

 

§ 1. Subject of Regulation

  1. esb Matczuk, Matuszak-Leśny Adwokaci i Radcowie Prawni sp. p. with registered office in Warsaw (02-071), Langiewicza 23/2 Street, entered into entrepreneur register of National Court Register by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of National Court Register under the number: 0000700338, NIP: 7010745886, REGON: 368560656 (hereinafter also referred to as: „esb”) is an entity that administers and manages www.esb-legal.pl website.
  2. These regulations stipulate the rules of use of website by the users.

 

§ 2. Definitions

  1. Any terms spelt with a capital letter in these regulations have the following meanings:
    1. Regulations – these regulations;
    2. Website – the website under the domain name www.esb-legal.pl, administered and managed by esb;
    3. Services – the services provided by esb via electronic means to users, i.e. the service of providing access to Website for users and the Contact Form Service;
    4. Contact Form Service – it consists in the possibility of sending a message to esb via the contact form available on the Website.

 

§ 3. General provisions

  1. The Regulations define the rules of using the Website, the type and scope of Services, the terms of providing Services, the terms of concluding and terminating contracts for the provision of Services, as well as the complaint procedure.
  2. Use of the Services is voluntary and free for all users.
  3. Notwithstanding the above-mentioned principle of free use of the Services, in the case of using the Services, the user bears the costs associated with using the Internet, which is used by the user. The costs of connecting to the Internet correspond to the rates of the user's network operator.
  4. The user is not entitled to provide unlawful content as part of using the Services.
  5. The user is obliged to use the Services on the terms set out in the Regulations, in accordance with applicable law and the rules of social existence.
  6. Materials contained on the Website, in particular images, graphics, contents, layout and composition of these elements (the so-called layout), are protected by copyright law and cannot be disseminated, modified or copied in whole or in part, without prior written consent of the authorized entity (except for use under fair use, in accordance with the law).
  7. The user may resign from using the Services at any time.
  8. In connection with the provision of Services, esb is responsible under the general rules set out in the Civil Code.
  9. Banners and links to other websites may be published on the Website. By using a banner or link, the user switches to a website belonging to another entity that is responsible for the content posted in them, as well as the processing of personal data of persons visiting the website.

 

§ 4. Technical requirements

  1. For the correct use of Services, it is necessary to have a computer or other device connected to the Internet with a correctly installed and configured web browser, e.g.:
    1. Mozilla Firefox;
    2. Microsoft Internet Explorer;
    3. Opera;
    4. Google Chrome;
    5. Safari.

 

§ 5. Terms of use the Contact Form Service

  1. The Contact Form Service is voluntary and free for all users.
  2. Using the Contact Form Service requires acceptance of the Regulations. Without the acceptance of the Regulations, the user is not able to send a message to esb or receive a response from esb.
  3. In order to use the Contact Form Service and send a message to esb, the user fulfills the fields of the contact form marked with a red star (fields required to be completed), accepts the Regulations and clicks on the "Send" field.
  4. If the user is in a compliance with the conditions referred to in § 5.2 and § 5.3 of the Regulations, at the moment of clicking on the "Send" field, a contract for the provision of the Contact Form Service is concluded.
  5. If the user is in a compliance with the conditions referred to in § 5.2 and § 5.3 of the Regulations, esb contacts with a user in connection with a message sent by such a user.

 

§ 6. Cookies

  1. Website uses cookies.
  2. Cookies are small text information in the form of text files sent by the server and saved on the end device (e.g. computer, phone, tablet) of the user using the Website.
  3. esb uses the information contained in cookies to enable the Website to function properly and to keep anonymous statistics and other analytical activities depicting the use of the Website by users.
  4. Most of the web browsers by default accept saving cookies. It is possible to change the terms of use of cookies by using web browser settings, in particular, you can partially restrict or completely switch off the function of saving cookie files (see § 6.6).
  5. The web browser settings in the scope of cookies are important from the point of view of consent for the use of cookies by esb (files that do not contain personal data) – in accordance with the law, such a consent can also be expressed through the settings of the web browser. In the absence of such consent, it is possible to change the web browser settings in the scope of cookies (see § 6.6).
  6. Detailed information regarding changing cookies settings and their self-removal in web browsers are available in the help section of the web browser, in particular such information can be found at:
    1. https://support.google.com/chrome/answer/95647?hl=pl for Google Chrome web browser
    2. https://support.mozilla.org/pl/kb/usuwanie-ciasteczek for Mozilla Firefox web browser
    3. https://support.microsoft.com/pl-pl/help/278835/how-to-delete-cookie-files-in-internet-explorer dla for Microsoft Internet Explorer web browser
    4. https://support.apple.com/kb/ph21411?locale=pl_PL for Safari web browser

 

§ 7. Processing of personal details

  1. The rules of processing of personal data by esb are provided in Privacy Policy.

 

§ 8. Complaint procedure

  1. Complaints regarding the Services may be reported to esb at the following e-mail address: biuro@esb-legal.pl
  2. esb is the entity responsible for dealing with the complaint.
  3. The deadline for considering the complaint is fourteen (14) days from the moment of reporting the complaint.
  4. Information on the consideration of the complaint will be sent to the user at the e-mail address indicated by the user or will be sent other method indicated by the user.

 

§ 9. Amendments to the Regulations

  1. esb is entitled to amend the Regulations, if at least one of the important reasons indicated in the following catalog occurs (closed catalog):
    1. changing of the conditions of using the Service, which will not worsen the situation of persons using the Website compared to the previous ones;
    2. the need to update the information indicated in the Regulations;
    3. changing the way of using the Service related to the appearance of new functionalities or the removal of existing ones;
    4. changes in the provisions of applicable law that regulate the operation of esb or which affects the mutual rights and obligations of esb and the user or issuance of a judgment or decision that may affect the conduct of the activity of the esb, and consequently the mutual rights and obligations of esb and user;
    5. changing the way of running the Service, which will be caused by objective and independent reasons of a technological or technical nature.
  2. esb will notify about the amendment of the Regulations by publishing a new version of the Regulations on the Website, unless otherwise will result from the provisions of the applicable law or decision of the authority or court.
  3. The user may resign of using the Service at any time, if the user does not accept the contents of the new version of the Regulations.

 

§ 10. Final provisions

  1. The Regulations are effective from the day of March 1, 2019.
  2. The Regulations are available on the Website and at the headquarters of esb.
  3. All disputes or claims related to the use of the Website shall be resolved by a common court in the Republic of Poland, and the law applicable to the Regulations shall be the Polish law, unless otherwise required by the mandatory provisions of law.
  4. The choice of Polish law on the basis of the Regulations does not deprive the user who is a consumer of the protection granted to him on the basis of regulations that cannot be excluded by an agreement between the user and esb, under the law that would be appropriate in the absence of a choice.
  5. None of the provisions of the Regulations limits the consumer's rights to which he is entitled under applicable law.
  6. In compliance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the user may file a complaint in order to resolve any dispute with esb via the ODR internet platform (ODR platform is available at - http://ec.europa.eu/consumers/odr/).

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