THE RULES OF SUPPLYING THE SERVICES ELECTRONICALLY BY CUBIC ORB SP. Z O.O. CHAPTER I INITIAL PROVISIONS
§ 1. General provisions
- This rules (“Rules”) sets forth terms and technical conditions of supplying the services electronically by Cubic Orb sp. z o.o. (formerly Geo-Spot Biuro Geodezji Krzysztof Krzeszowski) a limited liability duly in located Strzegom, address: 7/4 Św. Jadwigi Street, 58-150 Strzegom, entered into the register of entrepreneurs held by District Court for Wrocław-Fabryczna, IX Commercial Division under no: 0000761654, tax identification number (NIP): 8842794921, statistical number (REGON): 382009077, share capital in amount of PLN 5,400 (“Cubic Orb”).
- The Rules determines in particular:
- the types of the services supplied by Cubic Orb electronically;
- the terms and conditions of the services supplied by Cubic Orb electronically;
- the terms and conditions of entering into and terminating the agreements on supplying the services electronically by Cubic Orb;
- the mode of the complaint procedure.
§ 2. Definitions
Unless the Rules states otherwise, expressions used in the Rules and written in the manner set out below have the following meaning:
|Contact Form||the document located on the Website which, after filling in, enables contact with Cubic Orb.|
|User Account||the set of entitlements granted to the User under the Website.|
|Social Media||websites and applications enabling interactive dialog between the User and Cubic Orb, such as Facebook, Twitter, YouTube or LinkedIn.|
|Newsletter||the informative bulletin sent to the Users through an email.|
|Computer Programs||the computer programs to which Cubic Orb owns copyright including packages of these programs, their demonstrative versions and updates.|
|Partners’ Programs||the computer programs to which a third entity owns rights and which are distributed by Cubic Orb.|
|Online Shop||the subpage located on the Website by means of which the User can enter into the Licence Agreement.|
|Website||the website of Cubic Orb at www.cubicorb.com, including the blog and the Online Shop run on this website.|
|computer system||a group of cooperating with each other IT devices and computer programs ensuring processing, storing, sending and receiving data by telecommunications network through the network termination point appropriate to the nature of this kind of telecommunications network within the meaning of the Act of 17 July 2004 the Law of telecommunications.|
|Licence Agreement||the agreement on the basis of which the User gains the right to use the Computer Programs including their updates.|
|Satlab Equipment||the equipment used in surveying, construction as well as related industries which Cubic Orb acquires from Satlab Geosolutions sp. z o.o. located in Marki.|
|Services||all services supplied by Cubic Orb by electronic means of communication, pursuant to the Act of 18 July 2002 on electronically supplied services.|
|User||the person who uses the Website and orders the Services.|
§ 3. Types of the Services
Cubic Orb supplies the following Services:
- sending the Newsletter;
- opening, using, changing and closing the User Account;
- downloading files published on the Website, in particular the Computer Programs;
- entering into, amending, prolonging and terminating the Licence Agreement;
- contact with Cubic Orb by email, particularly in connection with acquiring Satlab Equipment or initiating the cooperation with Cubic Orb;
- contact with Cubic Orb by the Contact Form, particularly in connection with reporting a technical problem, asking about operation of the Computer Program, Satlab Equipment or Partners’ Program as well as recruitment;
- contact with Cubic Orb in connection with acquiring the Partners’ Programs;
- linking to the Social Media and third parties’ websites.
CHAPTER II TERMS AND CONDITIONS OF SUPPLYING THE SERVICES
§ 4. General information
- The Services are supplied in the extent and on the terms and conditions set froth in the Rules, whereas the detailed terms and conditions of using certain types of the Services may be published in separate documents, about which the User will be informed before entering into such agreement.
- The Services are supplied 24 hours a day seven days a week. Cubic Orb is entitled to suspend the access to the Website and in consequence supplying the Services due to the necessity to carry out periodic maintenance of the Website.
- The time of the Website is the time in the territory of Poland.
- Cubic Orb undertakes not to supply to the Users illegal content within the meaning of Article 8 paragraph 3 point 2 letter b of the Act of 18 July 2002 on electronically supplied services.
§ 5. Number, amending, limiting and removing of the Services
- The present specification of the Services is available on the Website.
- The number of the Services and their scope (in particular functionalities) may change. If the wording of the agreement or other statement of Cubic Orb do not state otherwise, the Rules shall be applied to new or updated Services.
- Cubic Orb has the right to limit or withdraw the Services at any time. It does not infringe the rights of the Users that have acquired the Services before their limitation or withdrawal.
- Information about changes, limitations, removals and additions of new Services shall be published on the Website. Such changes, limitations, removals and additions do not constitute the change of the Rules.
- In extraordinary situations which may affect security or stability of Cubic Orb’s computer system, Cubic Orb is entitled to temporarily stop or limit supplying of the Services without any former notifications and conduct works to restore security and stability of the computer system.
- Cubic Orb shall be entitled to cease to supply the Services in any moment if it receives such justified request from an Internet provider or other authorized body.
§ 6. Technical requirements for using the Services.
- The Website contains PDF documents which can be opened only after installing the relevant application.
- Cubic Orb does not control the User’s computer environment, it strongly suggest, however, the User make sure that this environment is safe and compliant with requirements before using the Website.
§ 7. Rights and duties of the User in connection with supplying of the Services.
- The User has possibility to get acquainted with the Rules before commencing using the Services free of charge and in a manner that allows the User to easily get acquainted with its wording as well as download, open and save it through his/her computer system.
- The User has possibility to resign from the Services free of charge and in any moment. Resignation from one Service shall not constitute the resignation from other Services.
- The User undertakes to comply with the Rules when using the Services.
- The User acknowledges that redirecting to the Social Media may require acceptance of the rules and politics (including these regarding privacy and personal data processing) which govern them.
- Subject to the Services of contact with Cubic Orb in connection with the recruitment, the Services are supplied only for the Users which are not the consumers within the meaning of the Act of 23 April 1964 the Civil Code. Using the Services the User states that it intends to use them in connection with its commercial activity.
- The User shall obey the prohibition of misusing means of electronic communication as well as prohibition of providing Cubic Orb’s computer system with the following content:
- which may result in breakdown or overload of computer networks Cubic Orb or other parties directly or indirectly participating in supplying services electronically,
- infringing generally applicable legal or social norms, goods of third parties, insulting or having an adverse effect on good practices.
CHAPTER III TERMS AND CONDITIONS OF MAKING THE AGREEMENT ON SUPPLYING THE SERVICES
§ 9. General provisions
- If making an agreement on supplying the Services hinges on accepting an additional document, this document shall be published on the subpage concerning this Service in a manner that allows the User to easily get acquainted with its wording as well as download, open and save it.
- Depending on the type of the Service, an agreement on supplying the Service is entered into by: (i) sending a message at Cubic Orb’s email address, (ii) filling in the Contact Form, (iii) downloading the Computer Program, (iv) choosing a link to the Social Media or a third party’s website, (v) setting up the User Account, (vi) making an instruction through the User Account.
- The details concerning a manner of setting up the User Account, sending a question through the Contact Form, sending a question about recruitment, contact through the Contact Form or via email are described on the adequate subpage of the Website.
- If supplying the services hinges on providing data by the User, the User shall verify their correctness and content of his/her instruction. In case of incompliance the User shall immediately inform Cubic Orb about it through the Contact Form or email. Cubic Orb shall not be responsible for any loss that occur due to providing erroneous data or ordering erroneous instruction by the User.
- By entering into the agreement on supplying the Services on behalf of an organisational unit the User confirms that he/she is a person authorized to act on behalf of the organisational unit in the time of making this agreement and within its scope.
§ 10. Detailed provisions (concerning specific Services)
- Entering into the agreement on purchasing Partners’ Programs takes place after submitting an offer or request on subpage of a Partner’s Program or via phone (after which negotiations may take place) and paying the price.
- Entering into the Licence Agreement (excluding the licence for using demonstrative versions of the Computer Programs) as well as the agreement on providing the Newsletter may take place through the Website or the User Account.
- Entering into the agreement on providing the Newsletter takes place by setting up an order through the User Account.
- Entering into the Licence Agreement takes place through the Online Shop by ordering the instruction on the User Account or Website after choosing the model of the licence and paying the fee.
- Detailed terms and conditions as regards licences for the Computer Programs, including the time of the licence, price and technical requirements necessary to install the Computer Program are published at the Online Shop on the subpage concerning this Computer Program.
- Terms and conditions of the Licence Agreement are published on the Website (on the subpage concerning this Computer Program) in a manner that allows the User to easily get acquainted with its wording as well as download, open and save it
CHAPTER IV COMPLAINTS AND TECHNICAL SUPPORT
§ 11. Complaint procedure
- All complaints connected with supplying of the Services shall be submitted by email at the following address: email@example.com.
- The complaints shall be submitted within seven days from the day when the User got to know about the reason for such complaint.
- The complaints shall include: (i) name and surname of the person submitting the complaint and, if the complaint is submitted on behalf of an organisational unit, the full name of this unit, (ii) the description of the problem, (iii) the reason for the complaint.
- The complaints will be considered in the quickest possible time, in electronic, written or phone form – according to the choice of Cubic Orb.
§ 12. Technical support
The technical support in connection with the Services is rendered through the Contact Form.
CHAPTER V MISCELLANEOUS
§ 13. The responsibility of Cubic Orb
- Cubic Orb does not guarantee the proper functioning of the User’s computer system and shall not be responsible for its functioning.
- Cubic Orb shall not be responsible for technical problems or limitations of computer programs or equipment used by the User which hinder using the Services by him/her.
- Cubic Orb shall not be responsible for disruptions in supplying the Services resulting from breakdowns or defective operations of a computer network which do not grow up from Cubic Orb’s guilt.
- Cubic Orb shall not be responsible for any damages resulting from defective functioning of a transmission system, including breakdown of an equipment, delays or disturbances in transmission of information.
- Cubic Orb shall not be responsible for the consequences of insufficient security of the User’s computer environment and its incompliance with technical requirements, including activities of malware in the User’s network termination points or computer system.
- The Website may contain links to the Social Media or third parties’ websites (in particular entities cooperating with Cubic Orb and websites that contain information within the scope of surveying). Cubic Orb makes the best effort to refer only to verified and reliable websites (Social Media) which ensures an adequate level of security, however, to the greatest possible extent, Cubic Orb shall not be responsible for any damages resulting from using the websites of Social Media.
- Unless specifically stipulated otherwise, Cubic Orb, to the greatest possible extent, shall neither be responsible for any physical or legal defects (including lack of conformity) of the Partners’ Program, nor grants any guarantee with respect to the Partners’ Programs. Cubic Orb will exercise due care to facilitate the contact between the User and the partner if the partner has issued a guarantee for its program.
§ 14. Applicable law and jurisdiction
- The Rules (including all disputes arising in connection with it, its validity, its invalidity and a construction of its wording) is governed exclusively by the law of Poland.
- Subject to the contact with Cubic Orb in connection with the recruitment, all disputes in connection with the Rules and Services shall be resolved by a court of territorial jurisdiction over Cubic Orb’s registry seat.
§ 15. Amending the terms and conditions of the Rules
- Cubic Orb has the right to amend the terms and conditions of the Rules.
- Using the Services after amending the Rules is equivalent to the acceptance of these amendments.