Terms and Conditions of Website

I. INTRODUCTORY PROVISIONS

1. The Service Provider grants the User access to individual Websites and the possibility to use services as detailed in the Terms and Conditions. All Websites operate under the rules specified in the Terms and Conditions unless a particular regulation states otherwise.
2. The Terms and Conditions define the rules for using the Websites or Services of U Jędrusia, and the User is required to familiarize themselves with the content of the Terms and Conditions and its annexes before starting to use the Website or Service. Furthermore, upon beginning to use the Websites or Services, the User is obliged to comply with the Terms and Conditions.
3. The User can use services, tools, and online portals of third parties through the Websites of U Jędrusia via appropriate plugins or links. In the case of using all functionalities of third parties mentioned in the previous sentence, the Service Provider is not a party to electronic service contracts between the User and the third party. U Jędrusia is also not responsible for the content and execution of such agreements. The responsibility for services provided to Users by third parties is defined by the agreements concluded by the User with these entities.
4. The current Terms and Conditions are available on the Websites, which the User can familiarize themselves with at any time. The User has the right to contact the Service Provider to send them the content of the Terms and Conditions or other regulations applicable while using the Services, as well as regarding the interpretation of the Terms and Conditions provisions.

II. DEFINITIONS

1. Terms used in the Terms and Conditions, which have not been defined herein, should be understood first and foremost as adopted in the generally applicable laws.
2. For these Terms and Conditions, the following terms shall mean:
a) Materials - texts, photos, graphics, and others, in particular constituting a work within the meaning of the Copyright and Related Rights Act,
b) Website – an organized, conducted, or provided by the Service Provider website or services consisting of pages and other tools available via the Internet, owned by the Service Provider accessible at www.u-jedrusia.pl, www.ujedrusia.pl, www.asiacook.pl, or another address to which U Jędrusia has rights and to which the Terms and Conditions apply,
c) User - any person who uses the Services or Websites belonging to U Jędrusia in any way;
d) Service Provider or U Jędrusia – U Jędrusia Sp. z o.o. located in Przemęczanki, Przemęczanki 32, 32-107 Radziemice, registered in the National Court Register by the District Court for Kraków - Śródmieście in Kraków, XII Commercial Division of the National Court Register under the number KRS 0000398461, NIP 944-224-15-67, REGON 122420450, with a share capital of 38,200,000.00 PLN,
e) Terms and Conditions – These terms of electronic service provision,
f) Services - electronic services provided by the Service Provider to Users via the Websites, enabling, in particular:
- accessing information and Materials prepared by U Jędrusia,
- contacting the Service Provider via contact forms,
- using the Service Provider's newsletter.

III. SERVICE PROVISION AGREEMENT

1. The provision of Services to Users by the Service Provider occurs under the conditions specified in these Terms and Conditions. An agreement for the provision of electronic services between the Service Provider and the User is concluded at the moment the User enters the appropriate Website address in the Internet browser. In contrast, the termination of the agreement for the provision of electronic services occurs when the User closes the Website.
2. The use of Services is free of charge unless separate special regulations for a given Service state otherwise.
3. The Service Provider has the right to post advertising content on the Websites concerning the services and goods of the Service Provider.

IV. INTELLECTUAL PROPERTY

1. The Service Provider holds all rights to any content posted on the Website. All Materials placed on the Websites, including works and trademarks, are protected as provided in the applicable law, especially in the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws 2022, item 2509), the Act of June 30, 2000, on Industrial Property Law (Journal of Laws 2023, item 1170).
2. Rights to works, trademarks, and other Materials and information provided on the Websites belong to the Service Provider or third parties. If rights, as mentioned in the previous sentence, belong to third parties, the Service Provider makes them available based on appropriate agreements concluded with these entities.
3. By using the Materials, including in particular works or trademarks made available on the Websites, the User does not acquire any rights nor obtain a license to those works, marks, or indications.
4. Without the prior consent of the Service Provider, the User may use the information and Materials posted on the Websites only within the scope of fair use provided for in the Copyright Act, unless the Service Provider grants prior consent to use the Materials differently. The User is not authorized, in particular, to duplicate, modify, distribute, or share the Materials or their parts in any way.

V. RIGHTS AND OBLIGATIONS OF THE USER

1. The User undertakes to use the Websites and Services under the applicable laws, social and moral norms, provisions of these Terms and Conditions, and the principles of social coexistence.
2. The User undertakes not to violate rights, especially copyright property rights, or the goods of third parties.
3. The User, while using the Services, is aware that:
a. they should not provide any content with features that could constitute or be deemed as inconsistent with and violating the generally applicable laws, the Terms and Conditions, or the agreement,
b. if there is an option on the Website or in the Service to post data by the User, they should not post content that violates good manners, including content that is offensive or could offend other people, political, pornographic, erotic,
c. If there is an option on the Website to post data, they should not provide data that is untrue, including, in particular, false personal data,
d. they should not undertake any actions or activities that would or could lead to interference with the functioning of the Website, including in particular, the User is not allowed to introduce, post any programs or applications or files, and their extensions, which may negatively affect the functioning of the Website's software or devices used for its operation, or devices or software of other Users including in particular: viruses, Trojans, and other malicious software;
e. they are not allowed to undertake programming or hacking activities, including making any changes to the source code of the Website,
f. they are not allowed to bypass the Website's security by exploiting security vulnerabilities,
g. they are not allowed to use content posted on the Website in a manner other than for personal use under the Terms and Conditions.

VI. LIABILITY

1. The User is responsible for how they use the Services and the resulting consequences, as well as for damages resulting from non-compliance with the Terms and Conditions or applicable laws.
2. The Service Provider ensures that it has made and makes the highest efforts so that the use of the Website or Services it operates does not pose a risk to the User, who, however, should be aware of the possibility of risk update and use the Services cautiously and prudently.
3. The Service Provider:
a) will exercise due diligence so that the use of Services; the Service Provider informs that there may be problems with access to Services caused by hardware, software, or network parameters incompatible with the requirements indicated in the Terms and Conditions;
b) informs that technical problems or technical limitations of the computer hardware used by the User may limit or enable the User access to the Websites or Services or affect their quality;
c) due to properties of the Internet and the User's devices independent of the Service Provider, the Service Provider does not guarantee uninterrupted and undisturbed access to the Websites.
4. Subject to the provisions of mandatory law, the Service Provider is not liable for damage, including due to the quality of the Service, in case the Service is used despite the lack of fulfillment by the Service Recipient of the minimum technical requirements and the damage occurred solely for this reason or the damage occurred solely as a result of another action or omission of the User.
5. Regardless of the above provisions, the Service Provider is liable for the conformity of the offered performances with the contract on the general terms resulting from the applicable laws.

VII. TECHNICAL CONDITIONS

The Service Provider emphasizes the use of the Website or Application and for the cooperation between teleinformatic systems to be possible. Websites operate on all devices, all operating systems, and internet browsers.

VIII. PRIVACY POLICY AND PERSONAL DATA

1. The Service Provider informs that during the use of the Websites, cookies are used, or other similar technologies are applied. The use of cookies: The installation of cookies is necessary for the proper functioning of the Website.
2. Detailed information on the privacy policy, in particular the use of cookies or other technologies, has been indicated in the Privacy Policy.
3. In the case of using some Services, the User may provide their data - providing personal data is voluntary. However, it may be necessary for the realization of these Services. The processing of users' data by the service provider will be conducted under the applicable legal provisions. Detailed information regarding the processing of personal data, including the information clause, is available in the Privacy Policy.

IX. COMPLAINT PROCEDURE

1. Every User has the right to file a complaint about the provision of Services by the Service Provider, including the operation of the Website, both in terms of technical aspects and the quality of the provided Services, personally or in writing or by telephone or via email to the Service Provider's address.
2. The complaint should meet the following formal requirements, i.e.:
a) indicate what it concerns,
b) indicate the date of the occurrence of the event that caused the filing of the complaint, optionally also the time of the event that caused the filing of the complaint,
c) indicate a concise description of the circumstances of the event,
d) indicate the name, surname, or other identification of the User, as well as the address of the person submitting (unless it is not necessary to recognize the complaint), email address (unless it is not required to acknowledge the complaint as the response will be sent by written correspondence), optionally also the phone number,
e) if the person submitting the complaint (Complainant) is not the User, also indicate the name, surname, or other identification of the person submitting the complaint (Complainant), as well as the address of the person submitting the complaint (unless it is not necessary to recognize the complaint), email address (unless it is not necessary to acknowledge the complaint as the response will be sent by written correspondence), optionally also the phone number.
3. The complaint will be considered within 14 days from the day of its receipt.
4. The response to the complaint will be sent to the User at the address provided by the User in the complaint.

X. FINAL PROVISIONS

1. The law applicable to legal relations arising from the use of the Websites and Services by Users is Polish law, and the competent Polish courts will settle any disputes.
2. The place of performance is the seat of the Service Provider.
3. A dispute between the Service Provider and a consumer may be considered by an arbitration court only after the completion of the complaint procedure and in the case where both parties to the dispute agree to it. In other cases, potential disputes shall be submitted to the competent courts under the provisions of the Code of Civil Procedure.
4. The Service Provider reserves the right to make changes and modifications to the Terms and Conditions in case of important reasons. Important reasons are considered, in particular:
a) the need to adapt the Terms and Conditions to the provision of Services in a situation objectively justified by the necessity of changing the technical conditions of the provision of Services,
b) the failure of the Service Provider to obtain licenses for the use of content necessary to ensure the performance of the Service
c) changes in the generally applicable laws, which entail the necessity to change the functioning of the Services, Services, or change the content of the Terms and Conditions,
d) a final court judgment or decision of a public administration body that requires changing the Terms and Conditions in the part specified in them.
e) the need to change the provision of the Terms and Conditions affected by invalidity resulting from the force of law or issued judgments or administrative decisions.
5. Changes to the Terms and Conditions will come into effect after 14 calendar days from the date of acceptance of the change. Information about changes to the Terms and Conditions will be published on the Website.
6. To Users who are not consumers, the Service Provider reserves the jurisdiction of Polish courts, including the court competent for the seat of the Service Provider.