Last updated: October 2021
Acceptance of the Terms
By using any of our services (the scope is defined below), you agree to be bound by these Terms. If you do not agree with any part of the Terms, then you should immediately terminate the use of the services.
Description of the Services
Through the Website, the Company provides you with the access to a variety of tools, features, contents, functionality and other services, including newsletter subscription, access to information materials, calculator etc. (hereinafter together defined as the “Services”).
These Terms apply to any updates, enhancements, new features, and/or the addition of any new Services.
Acceptable and Required Use of the Services
Eligibility. You hereby confirm that you are an individual, legal person or other organization with the full capacity to be bound by the Terms or bound any third party (if applicable) by its provisions when you use the Services. If you do not have the said capacity, you or your principal (if applicable) shall undertake all the consequences resulting from your entering into the Terms. The Company reserves the right to refuse access to the Services based on reasonable grounds. One of the reasons may be your failure to comply with any of the provisions, set in these Terms.
Your use of the Services. You are solely responsible for your use of the Services and any consequences resulting from the use of the Services. You guarantee that when using the Service, you do not and will not take any actions aimed at bypassing technical means of protection against unauthorized use of the Service, in particular, the system of territorial restriction of access to viewing certain content by IP addresses, as well as any other actions aimed at changing the functional characteristics, destabilizing the work of the Service. Also, you shall refrain from unauthorized blocking of advertising information in the Service unless this is authorized by the applicable privacy law. If you do not comply with these requirements, we have the right to refuse you access to the Services.
Permissions. You hereby grant the Company the permission to update through upgrades and additional features the Services that you use.
Your obligations. While using the Services, you shall not:
upload viruses or malicious code or do anything else that will negatively affect the Services;
commercially exploit the Services, in particular, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way;
amend, disassemble or do derivative works based on the Services;
use the Services in any unlawful manner, in particular by violating the rights of the others;
facilitate or support any of such actions, described above.
Disclaimers. You use the Services at your own risk and subject to the disclaimers, set in these Terms.
Representations and warranties. You hereby expressly covenant, represent and warrant that:
you comply with all other eligibility criteria under these Terms and any applicable law and you are solely responsible for your use of the Services;
you will not perform acts aimed at a breach of the normal functioning of the Services or leading to the violation of the applicable laws, both using software and through your direct acts within the Services, or perform any other illegal acts;
you authorize us to take the measures necessary to provide you with the Services.
Any software and other materials, made available on the Website, are the copyrighted works of the Company. The Company retains all the rights, title and interest in and to its copyrightable software and materials.
Your right to use the Services is limited to the rights expressly granted by these Terms. Such rights shall include a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Services during the term of these Terms.
Permission to use the information materials and contents on the Website is granted, provided that you add to any such use the copyright notice and use any such materials and contents for informational and non-commercial or personal use only without any modifications of the materials and contents.
You are not authorized to any other intellectual property, owned by the Company, for any purposes without our express and written consent for that.
Disclaimers and Limitations of Liability
We reiterate that we provide the Services on an “as-is” and “as-available” basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Services on all platforms, for all devices or under certain specific conditions.
We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all concerning our Services, and the provision of or failure to provide support the Services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement, concerning the Services. The entire risk as to the quality of or arising out of use or performance of the Services, if any, remains with you.
The Company does not make any representations and warranties about the suitability, the accuracy and the completeness and usefulness of the information materials, in particular, calculator results, available on the Website. You use any such materials and take any decisions based on such materials at your own risk and disclaim any liability of the Company for such use of materials.
We do not control, and are not responsible for, controlling how or when you use the Services.
Certain links on the Website may let you leave the Website. The linked websites are not under the control of the Company, and the Company is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. The Company is not responsible for webcasting or any other form of transmission received from any linked website. The Company may provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of such websites.
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Services, the provision of or failure to provide support services, or otherwise under or in connection with any provision of these Terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the Company, and even if the Company has been advised of the possibility of such damages.
You hereby agree to indemnify the Company, any of its officers, directors, employees and agents and its affiliates from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, or other proceeding, that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, or your wrongful or improper use of the Services.
The Company may modify, amend or otherwise change these Terms from time to time, so please periodically check this page to ensure that you’re satisfied with any changes.
If you continue to use the Services after such amendments, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company by applicable law to obtain your explicit consent to the amendments.
Applicable Law and Dispute Resolution
These Terms and other relationships between you and the Company shall be governed by the law of Poland.
All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Company at ___________ shall be the effective and binding method of communication. If the dispute cannot be resolved by means of negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the law of Poland.
These Terms shall be valid until our cooperation is terminated either by you or us. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the Terms, if you breach any of the obligation, representations, and warranties under these Terms, or if we believe that you have committed fraud, negligence or other misconduct. We are entitled to terminate your use of the Services and take legal actions under the applicable laws and these Terms.
If you have any questions about these Terms, please contact us.
Albacore Sp. z o.o, registered at ul. Głogowska 82/22 , 60-741 Poznań, Wielkopolskie.
Contact email: [email protected]
A user is now obliged not to bypass technical means of protection against unauthorized use of the Service. If a user does not comply – they could be limited in the use of the Services.