Website Terms & Conditions of Use

1. Introduction

These are the terms and conditions (as amended from time to time) governing use of the DATAX Sp z o.o (DATAX Limited) www.datax.pl website (the “Website“) and the binding agreement that operates between us and you (the “Terms“). These Terms set out the rights and obligations of all users (“you“/”your“/”user“) and those of DATAX Sp z o.o. (“us“/”our“/”we“) in relation to your use of the Website. Please carefully read these Terms. By using the Website you are consenting to be bound by the then current Terms. If you do not agree to the Terms please refrain from using the Website.

We may revise the Terms and information contained on the Website at any time and without notice. Each time you use the Website you will be bound by the then current Terms and you should review these each time you access and use the Website to satisfy yourself that you are happy with them.

2. Information about Us

If you have any questions about the Terms, please contact us at info@datax.pl. DATAX Sp z o.o (DATAX Limited) is a Polish company registered into Commercial Court Register (KRS) registered under company number 0000126740 with its registered address at ul. Fabryczna 10, 53-609 Wroclaw, Poland. Our VAT number is PL 522-01-00-172. Our registered capital is 131.200 zł (fully paid). Board of directors – Rafał Dombka, Rafał Pisz.

3. Accessing the Website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users and/or those who have registered with us.

If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures (“Security Code“), you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any Security Code, whether chosen by you or allocated by us, at any time at our sole discretion or, if in our opinion you have failed to comply with any of the provisions of the Terms.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website using your Security Code are aware of the Terms, and that they comply with them and you are responsible for all acts deeds and omissions when your Security Code is used in connection with the Website. You are also responsible for immediately notifying us of any unauthorised use of your Security Code or any other breach of security known to you.

4. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by applicable intellectual property and other laws around the world. DATAX logo is a trademark – download  Certificate of Registration. All such rights are reserved. In respect of certain intellectual property owned by us and used on this Website please note the following:

© DATAX Sp z o.o 2017

You may print off one copy, and may download extracts, of any page(s) from the Website only when you are specifically invited to or as required to use such and you may draw the attention of others within your organisation to material posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Reliance on information posted

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of their contents.

6. Our Website changes regularly

We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close some or all of it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

7. Our liability

7.1 The material displayed on the Website is provided “as is” and without any guarantees, conditions or warranties as to its accuracy.

7.2 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

7.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

7.2.2 any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of the Website, any websites linked to them and any materials posted on them; and

7.2.3 any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to them and any materials posted on it, including, without limitation any liability for:

a) loss of income or revenue;
b) loss of opportunity;
c) loss of business;
d) loss of profits or contracts;
e) loss of anticipated savings;
f) loss of data;
g) loss of goodwill;
h) wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.3 Nothing in this section 7 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

8. Information about you and your visits to the Website

We process information about you in accordance with relevant data protection legislation. By using the Website, you consent to such processing and you warrant that all information provided by you is accurate.

9. Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you might commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on them, or on any website linked to it.

10. Prohibited Uses

You may use the Website only for lawful purposes. You may not use the Website:

10.1   In any way that breaches any applicable local, national or international law or regulation.
10.2   In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
10.3   For the purpose of harming or attempting to harm minors in any way.
10.4   To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
10.5   To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

10.6    Not to reproduce, duplicate, copy or re-sell any part of any the Website in contravention of the provisions of these Terms.
10.7    Not to access without authority, interfere with, damage or disrupt:

10.7.1 any part of any the Website;
10.7.2 any equipment or network on which the Website is stored;
10.7.3 any software used in the provision of the Website; or
10.7.4 any equipment or network or software owned or used by any third party.

You may report any activities of any other user which violate applicable laws and/or these Terms by emailing us at info@datax.pl.

11. Offline conduct

Although we cannot monitor your conduct off the Website, it is also a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person without their prior explicit consent.

12. Suspension And Termination

12.1 Termination By Us

We will determine, in our discretion, whether there has been a breach of the Terms through your use of the Website. When a breach of the Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

12.1.1   Immediate, temporary or permanent withdrawal of your right to use the Website.
12.1.2   Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
12.1.3   Issue of a warning to you.
12.1.4   Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
12.1.5   Further legal action against you.
12.1.6   Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the Terms. The responses described in the Terms are not limited, and we may take any other action we reasonably deem appropriate.

13. Indemnity

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of the Website or a breach by you of any of these Terms.

In the event that your Contributions infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such Contribution or render such Contribution free of any infringement.

14. Linking To the Website

You may link to the Website via the home page only (or as otherwise agreed in writing by us from time to time) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on the Website other than that set out above, please address your request to info@datax.pl.

15. Links From the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. Language Conflict

These Terms are in the English language. If these Terms are translated into any language other than English, the English language text shall prevail in the event of a conflict or difference between the English version and the translated version.

17. Jurisdiction And Applicable Law

The Irish courts will have jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Irish law.

18. Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

19. Waiver

If we fail to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

20. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire Agreement

These Terms and any other terms accepted by you in connection with your use of the Website represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms.

22. Your Concerns

If you have any concerns about material which appears on the Website, please contact us at info@datax.pl.

Thank you for using our site.

If you have any accessibility issues or problems, please contact us at info@datax.pl.