Terms and conditions of use - Harpo Sp. z o. o.

These terms and conditions of use ("Terms of Use") set forth herein apply in the case of the use of the web site and web pages owned, operated, licensed, and/or controlled by Harpo sp. z o.o. ("Harpo", "We", "Company"), which website is located at domain www.harpo.com.pl (the "Web Site"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. Each time you use, access or browse through this Web Site, each time you accept these Terms of Use. If you do not agree to these Terms of Use, please do not use, do not access or do not browse the Web Site.

Harpo has the right to amend the Terms of Use exclusively for material reasons. Material reasons, in the meaning of the Terms of Use, are: (a) change of the IT systems used to handle the offered products and services, having an impact on the provisions of the Terms of Use , (b) changes to the range of offered products or provided services, having an impact on the provisions of the Terms of Use, (c) change of the functionality of existing products and services, having an impact on the provisions of the Terms of Use, (d) amendment of the provisions of law having an impact on the provisions of the Terms of Use, (e) decision of a court or a different competent authority, under which Harpo is obliged to amend the Terms of Use.

The amended Terms of Use, along with information on the scope of introduced changes will be made available at www.soft.harpo.com/terms.php. Harpo will notify the Authorised Users (as defined in section 6) who have completed the registration process on the introduced changes to the Terms of Use and on the scope of such changes in the manner agreed as regards contacting the Authorised Users. If the introduced changes are not approved by the Authorised User, he/she should cease using the Web Site and Harpo is entitled to delete his/her user account.

2. Restrictions on use of content and materials

Harpo declares to be fully entitled (also under agreements with third parties) to publish every information or materials that are presented on the Web Site. The above statement regards all information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content and/or material posted on the Web Site or available through it ("Materials"). Legitimate entities retain all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patents, patent applications, trademarks, logos, design rights, service rights, moral rights and any other proprietary rights. No transfer or grant of any rights to the Materials is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site unless the special provisions provide otherwise. You agree not to infringe upon all the above rights. Unless the below provisions or applicable mandatory provisions of law stipulate otherwise, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute the Materials or any part thereof. Unless the below provisions or applicable mandatory provisions of law stipulate otherwise, you may not decompile, disassemble the software or otherwise attempt to derive the source code, target code from any of the Materials or modify the Materials or documentation. Modification of the Materials or use of the Materials within any other scope than as permitted under the Terms of Use, including the use of Materials on any other web site or networked computer environment is prohibited, and shall be deemed a violation of copyrights and other proprietary rights. Downloads: Some areas of the Web Site may include downloadable Materials. You must treat such materials as follows: (i) unless otherwise specified under these Terms of Use, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices; (ii) Materials available in the “paid” section and/or any other downloadable Materials available anywhere under the Web Site in connection with which specific terms for download and/or use are provided, may be downloaded and used only subject to the specific terms and conditions and/or license provisions applicable to each of these Materials.

3. Patents

Without limiting any of the foregoing or hereunder, Harpo or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secret and/or may be protected under relevant provisions of law, including the intellectual property law. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and Harpo and/or its licensors and/or affiliates reserve all such rights.

4. Trademarks

Without limiting any of the foregoing or hereunder, Harpo, Harpo logo, IVO®, Expressivo®, as well as other names and marks so notified on the Web Site are trademarks of Harpo ("Harpo Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos are reserved by Harpo or respective holders.

Unless different terms are agreed between the user and Harpo or an authorised entity, you may use IVONA Marks to refer to IVONA products and services, provided you follow the following guidelines whenever IVONA Marks appear:

Your use of IVONA Marks must not mislead consumers or imply as to any IVONA sponsorship, affiliation, or endorsement of your company, or your products or services.
You should not use IVONA Marks, or any other trademarks, service marks, logos, or trade names of IVONA, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.

5. Content, products and services information

All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalogue listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness thereof for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and IVONA reserves the right to make changes relative to processing, materials, or configuration without notice.

YOU ACKNOWLEDGE THAT THE USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.

All the information and Materials on the Web Site or made available therefore are subject to the disclaimer of section 11 below.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for failure to perform or duly perform its obligations, will not apply to consumers in the meaning of provisions of the Civil Code.

6. Restricted sections

Access to some areas on this Web Site is restricted to users authorized in advance by Harpo, in accordance with the Harpo policy ("Authorized User(s)") who have completed a registration process and who have then been granted an authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable.

You are obliged to secure and maintain in strict confidentiality any user ID and password assigned to you by Harpo in relation to the use of the Web Site. Harpo shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately, not later than within 7 days from the day on which you find out about it, notify Harpo Website of any unauthorized use of your user ID and password.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers in the meaning of provisions of the Civil Code.

7. Submissions of materials

Harpo does not order and does not require that the users provide Harpo with any information or contents that may be deemed as a work in the meaning of the Act of 4 February 1994 on copyrights and neighbouring rights, or which may contain ideas, concepts, plans, know-how or techniques. If you send any information or contents that may be deemed as a work to Harpo, you grant the Company with an non-exclusive and free-of-charge licence for the use of such information or contents in the Republic of Poland and abroad, along with the right to exercise derivative rights to adaptations of the works in the following fields of exploitation: making them available so that everybody may access them at the place and time of their choice, recording and reproduction by any technique. By sending such information and contents you authorise the Company to change and modify the provided contents and information and you agree that Harpo may exercise derivative rights. Irrespective of the above, if such information and contents, which you send to Harpo, contain ideas, concepts, plans, know-how or techniques, by sending it to Harpo, you agree that Harpo may use it for the purposes related to its business activity. If you do not consent to such use of the information and contents, please do not send it to Harpo.

The above provisions, to the extent to which they provide for automatic granting of a licence to IVONA, will not apply with regard to consumers in the meaning of the provisions of the Civil Code.

8. Interactive area(s), postings and user conduct

"Interactive Area(s)" shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.

If you participate in Interactive Areas you are responsible for the posted contents and the consequences related to posting them. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, obscene or constitutes harassment or encourages conduct that would constitute a criminal offence, give rise to civil liability or violates any applicable local, state, federal, or international law; (2) infringes on the copyright or other proprietary right of any third-party; (3) would invade the privacy of a person; (4) contains a virus, worm, Trojan horse, time bomb, or a harmful program or component; or (5) is unlawful.

You also expressly agree that you will not: (a) after receiving a warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or a forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate the so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.

IVONA is not and shall not be responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. IVONA reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. IVONA reserves the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.

WE FURTHER DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers in the meaning of provisions of the Civil Code.

The Interactive Areas shall be used by users in a non-commercial manner only. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

9. Confidentiality

As regards the information and contents that do not constitute personal data, Harpo does not order or does not require that users provide Harpo with any information or contents containing confidential information or information that constitutes a business secret. Unless otherwise explicitly stated in the Terms of Use or in the Privacy Policy www.soft.harpo.com/privacy.php, any information other than personal data sent to Harpo will be deemed NOT to be confidential and NOT to contain a business secret.

As regards information that constitutes personal data, Harpo Privacy Policy, available at www.soft.harpo.com/privacy.php, will be applicable. To learn more about how Harpo protects your personal data, such as your name and address, please refer to the Privacy Policy.

10. Data processing info

The range of information provided by this web page corresponds to the requirements of the EU provisions on the protection of personal data, i.e. Regulation of the European Parliament and of the Council (EU) 2016/679

The administrator of your personal data is Harpo sp. o.o. based in Poznań, e-mail: info@harpo.com.pl. Harpo as data administrator will make every effort to meet the requirements of the GDPR Regulation to the fullest extent possible and thus protect your personal data.

In matters related to your data, please contact the Data Protection Supervisor, e-mail: iod@harpo.com.pl, who supervises personal data processing and compliance.

The data will be processed in order to ensure the quality of service based on expressed consent.

The data will not be made available to any third parties. Should a need to provide additional data, a separate consent will be requested.

The data will not be transferred outside the European Economic Area. The administrator informs that for this purpose technical safeguards have been applied. In order to obtain copy of the data maintained, please contact the Data Protection Supervisor at iod@harpo.com.pl

The data will be stored for a period of 25 years.

You have right to access your personal data, rectify it, delete or limit processing.

You have right to object to further processing, and to withdraw your consent. The exercise of the right to withdraw your consent does not affect the right to process that took place before the consent was withdrawn.

You have right to transfer data as well.

You have right to file a complaint with the supervisory authority.

By using the website, you give your consent to process data in accordance with the General Regulation on the Protection of Personal Data (GDPR)

11. Linking to the website

Unless you have a written agreement in effect with Harpo which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Harpo is affiliated with any person or entity, or that Harpo otherwise endorses, sponsors or affiliates with any product or service; (b) all links to the Web Site must "point" to the URL www.Harpo.com and not to other pages within the Web Site; (c) all links to the Web Site, when activated by a user, must not display the Web Site within a frame on the linking web site, or any other Web Site.

12. Disclaimer

THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, Harpo DOES NOT GRANT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Harpo DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Harpo DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers in the meaning of provisions of the Civil Code.

13. Limitation of liability

Under no circumstances whatsoever will Harpo, even if advised of the possibility of such damages, be responsible or liable to you or to any other entity for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, or punitive damages (regardless of whether any such categories of loss or damage could reasonably have been foreseen) that result from or relate in any manner whatsoever to your use of the Web Site, or reliance on any of the materials or to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by Harpo.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers in the meaning of provisions of the Civil Code.

14. Indemnification

You agree to defend, indemnify and hold Harpo and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.

The above provisions, to the extent to which they impose the obligation to secure and protect Harpo against claims will not apply in relation to consumers in the meaning of provisions of the Civil Code.

15. Third party's content

To the extent that the Web Site contains links to outside services and resources, Harpo does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Harpo.

16. No endorsement

No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of Harpo, shall constitute or imply an endorsement, recommendation or favouring by Harpo. Harpo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers in the meaning of provisions of the Civil Code.

17. Intellectual property infringement policy

Notices related to intellectual property violations on this Web Site or on our servers should be addressed to sales via: support@Harpo.com.

By posting software or other content to this Web Site, you warrant to Harpo (and we rely on this warranty) that such items are known to you to be free shareware, freeware, etc. or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work.

The above provisions, to the extent to which they impose the obligation to secure and protect Harpo against claims will not apply in relation to consumers in the meaning of provisions of the Civil Code.

Harpo will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, Harpo will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Harpo will assume no liability for any losses or damages alleged to arise from the use of or reliance on such software or content. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this Web Site for any particular purpose directly related to business or professional activity.

The above provisions, to the extent to which they exclude or limit Harpo’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers in the meaning of provisions of the Civil Code.

18. Right to shut down, deny or limit access

Harpo reserves the right to limit or revoke your access to this Web Site, or any area thereunder, in its sole discretion, due to the following material reasons: technical difficulties, change of IT systems used to operate the Web Site or violation by the user of these Terms of Use.

19. Summary

These Terms of Use shall be governed by and construed in accordance with the laws of Poland, and shall be submitted to the exclusive jurisdiction of the Courts in Gdynia, Poland. If any provision of these Terms of Use is determined to be invalid or unenforceable, such a provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This agreement concerning the use of the Web Site and web pages owned, operated, licensed and/or controlled by Harpo, executed under these Terms of Use, is the entire agreement between you and Harpo with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Harpo may assign this agreement, in whole or in part, in its sole discretion. The waiver by Harpo of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or any subsequent breach of the same or of a different kind.

The provisions determining the competence of the court and the assignment of rights and receivables, shall not bind the consumers.

1. General