Terms

SERVICE REGULATIONS www.race.gt

 

  • 1 Glossary

Phraseology of the present Regulations means:     

  1. gt or Service Provider - BlueCloud sp. Z oo with its registered office at ul. prof. Michael Życzkowskiego 14, 31-864 Krakow, entered into the Register of the National Court Register maintained by the District Court for Kraków - Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number 0000395181, having a tax identification number 675-14-60-515, the share capital of 5,000.00 zł;
  2. Service Provider - race.gt as well as any other web site or appropriate mobile site, or other applications, edited, maintained or managed by Race.gt, including mikrostrony or pages offered by the website or application;
  3. Service Provider trial version - Service Provider in limited functionality, the use of which is free.
  4. Account - Client's individual account in the electronic system, run and managed by the Service Provider;
  5. Trial Account - Client's individual account in the electronic system, run and managed by the Service Provider, allowing the Customer access to the Service in the trial version.
  6. Applications - programs included in the Service, capable of measuring the travel time between checkpoints, publication of results users, driving rankings and to support the organization of events / competitions;
  7. Regulations - these Regulations provide services electronically by Race.gt;
  8. Conditions - the conditions for the provision of electronic services Race.gt, consisting of Regulations Best Practices in Measurement of Time and Privacy Policy;
  9. Registration - a process to collect data about the Service and give it a username and password;
  10. Service - a program created by BlueCloud Sp. Z oo for measuring the travel time between checkpoints, publication of results users, driving rankings and to support the organization of events / competitions;
  11. The terminal device - any device connected to the Internet to enable the use of the resources of the Platform, in particular computer, laptop, mobile phone, tablet;
  12. The Law on Personal Data Protection - Law of of 29 August 1997. On the protection of personal data (ie. From 25 November 2015. Dz. U. of 2015. Item. 2135, as amended. D.);
  13. The Copyright Act - Act of 4 February 1994. On copyright and related rights (ie. On 17 May 2006. OJ 2006 No. 90, item. 631, as amended. D.)
  14. Act on electronic services - the Act of 18 July 2002. On the provision of electronic services (ie. From 15 October 2013. OJ 2013. Item. 1422, as amended. D.);
  15. Service - each time to enable the Service Provider by the Service Provider by measuring the travel time between checkpoints, publication of results users, driving rankings and to support the organization of events / competitions;
  16. The Client - a natural person, legal person or an organizational unit without legal personality, who uses the services provided electronically. People without legal capacity or with limited legal capacity may be the Customer, if you obtain the consent of the legal representative or guardian to use the Service.
  17. Account - a collection of resources and settings created for the Service Provider within the Service used by the Customer to access the Services;
  18. Agreement - an agreement on provision of services electronically signed by the Customer Service Provider of the Terms;
  19. Pages - including the Service Provider and the Client;
  20. Service fee - applicable charges or other appropriate amounts paid for the Service;
  21. E-mail address - identification data communications system that enables communication by means of electronic communication, in particular e-mail;
  22. Commercial information - any information used directly or indirectly to promote goods, services or image of the entrepreneur, excluding information enabling communication by electronic means with a specific person and information about goods and services not serving achieve the desired effect of trade by a given trader;
  23. The data communications system - a set of cooperating devices and software that provides processing and storage, as well as sending and receiving data via telecommunications networks by using appropriate for the type of network terminal equipment within the meaning of the Telecommunications Act;
  24. Provision of electronic services - execution of the service, which is done by sending and receiving data using ICT systems at the individual request of the recipient, without the simultaneous presence of the parties, the data are transmitted through public networks within the meaning of the Telecommunications Act;
  25. Electronic means of communication - technical solutions, including ICT equipment and their associated software tools, enabling individual distance communication using data transmission between ICT systems, particularly electronic mail;
  26. Cookies - text files, in which the Service Provider servers record the information on the hard drive of the computer used by the Client. The information stored in "cookies" Service server can read when you reconnect to your computer, but they can be read by other servers or other Internet users;
  27. IP Address - unique number, which is usually every computer connected to any network. The IP number may be constant for a given computer (static) or may be assigned at each connection (dynamic) or it may be revised periodically in time by the ISP to the user;
  • 2 General Provisions
  1. This specifies conditions:
  2. rights and obligations of service providers and recipients associated with the provision of services electronically,
  3. rules of releasing service providers for the provision of services electronically,
  4. rules for the protection of personal data of individuals using services electronically.
  5. Service Provider provides services electronically in accordance with the Terms.
  6. Each person using the Services Provider is obliged to comply with the Conditions of time commencing to use the Services.
  • 3 service
  1. The website is a work within the meaning of the Law on Copyright and all copyrights vested exclusively Service Provider.
  2. The Service Provider in the Service allows the Customer to use the application to measure the travel time between checkpoints, publication of results of users, leading rankings and to support the organization of events / competitions.
  3. The service provider enables recipients to use the Website in desktop and mobile version, ie. Using mobile phones and tablets. Service Provider reserves the Client using the mobile version will have access to the service to a limited extent, adapted for remote use of the service.
  4. Access to the full version of the service is payable in accordance with the principles set out in § 9. Customer may use the free trial version of the service until the introduction of the full version.
  5. Service Provider reserves the right to introduce new ways of selling access to the Website, the detailed rules relating to the sale will be a new way each time specified in separate regulations.
  • 4 Copyright
  1. The service provider declares that all material posted on the website race.gt Including text materials, photographic, graphic, audio, video and their arrangement are the intellectual property of the Service Provider or third parties.
  2. The service provider excludes the possibility of copying, reproduction, modification, distribution or other forms of commercial exploitation of materials owned by the Service Provider, referred to in paragraph. 1, without the prior written consent of the Service Provider.
  • 5 Technical conditions of services provided by the Service Provider
  1. Basic technical requirements necessary to work with the ICT system, which is used by the Service Provider are as follows:
  2. Internet connection,
  3. Web browser that will display on a computer screen HTML documents. The browser should accept "cookies".
  4. The service provider is not the provider of Internet services. In order to use the Services Recipient must themselves gain access to the computer workstation or terminal device by means of which it is possible to use the Services through the Services.
  5. Service Provider reserves the use of the Services may be associated with the standard risks associated with the use of the Internet and recommends recipients to take the appropriate steps to minimize them.
  • 6 Conclusion of the contract, registration and opening an account
  1. The contract for the provision of electronic services is concluded for an indefinite period of time from the moment the proper fulfillment by the Client registration form to create the account and accept the Terms in their entirety.
  2. In the case of registration not involving the use of Facebook, Client shall provide the following information:
    1. name, age / date of birth,
    2. sex,
    3. cell phone number,
    4. e-mail adress.
  3. In the case of registration including the use of Facebook, Client shall authorize Race.gt service within the Facebook application to access the following data:
    1. Your basic information,
    2. Your e-mail address,
    3. Your profile information: birthdays, history of education, hometown, interests, location and employment history.
  4. Establishment of accounts and use of the Services is available only for adults.
  5. The Client by sending the registration form states that:
    1. given in the data are complete and in accordance with the facts,
    2. He is entitled to conclude an agreement for the provision of electronic services,
    3. information that you do not violate any rights of third parties,
    4. read the Terms and agrees to abide by them.
  6. Each person can only create one account. It is forbidden to use the account or creation of a proxy recipient or impersonating the customer.
  7. The service provider, after receipt of a properly completed registration form for the Service creates a unique part of the Services Account.
  8. The Client accepts the need for a current, active email address. The Client is obliged to ongoing monitoring of the specified email address, and if you change it, to promptly update this information in your Account.
  9. E-mail address is associated with the Account, it is a necessary form of identification to the Service Provider and will be used as a viable medium for all communications related to the provision of the Services.
  10. The service provider can refuse to account with the specified name, if it is already in use within the Service or if the service provider becomes aware legitimate, credible information that is contrary to the law, Terms, morality, violate personal rights or legitimate interests of service providers.
  11. The user is granted access to the account using your email address and password. The Client shall not disclose to any third party access password and is solely responsible for damage caused as a result of the disclosure.
  • 7 Access to the Service
  1. The Client, who is registered, is authorized to use the Service in a trial version.
  2. The Client, who will pay a fee for access to the Service application, is entitled to use the full version of the application over the period for which it was purchased.
  3. The service provider will launch selected and paid by the Client application after 1 day from the date of the agreement. In a situation where the Client Service providers will make a clear statement of the request, to provide the service started in less than indicated in the previous sentence, the Service Provider will make every effort to satisfy the Client request. Service Provider reserves, however, that the application does not start earlier than 72 hours from the booking payment on the part of the Service.
  4. After the expiration of the period for which the application has been purchased it, access to the application becomes inactive. To further use the full version of the application, it is necessary to pay the fee by the Client.
  • 8 Rights and obligations of the Service Provider and the Customers
  1. The service provider is committed to the continuous and uninterrupted provision of Services in accordance with the Conditions of their provision.
  2. Service Provider reserves the right to:
  3. transitional discontinue the Services due to maintenance or modification associated with the Services Provider,
  4. E-mail address for sending the Customers messages, including technical, legal and transaction services related to the operation,
  5. to allow the creation of recipients accounts on the Service Provider using the e-mail address previously used by another Client whose account has been deleted.
  6. refuse to provide services if the Client will give erroneous, false or temporary email address,
  7. modification of the Services, tools and mode of operation of the Services without prior notification of its intention to
  8. personalize content of any information sent to the Customers, and select any recipients, except for the communications referred to in point b.
  9. Service Provider reserves the right to discontinue the Services, the Customers deletion of any data, the transfer of rights to the Services to another entity and to take any lawful actions related to the Sites, in respect of which the Client will not be entitled to any claims against the Service Provider.
  10. The Client has the right to manage the Services through the account given and edit their data linked to the services at any time.
  11. The Client by placing in the Service Provider content and data relating to him agrees to make available on the Services Provider for the purpose of achieving the objectives of the Service. In particular, but not exclusively apply to the publication of the image and other data provided by the Client, including tracks, which is the author. This is available only to the presentation of the Service in accordance with the terms and purpose of the service provided, in which such sharing takes place.
  12. The Client using the Services is obliged to refrain from:
  13. the publication of offensive, illegal or violate the good protected by law, including personal,
  14. use the Services to publish advertisements about goods and services and any information of a commercial nature,
  15. copy, modify, distribute, transmit, or otherwise using any of the songs and databases available on the Services, except for using them as part of fair use,
  16. taking any action that might hinder or disrupt the functioning of the Services and the use of the Services in a manner disruptive to other recipients of services,
  17. use the Services in a manner inconsistent with the law, Regulations, morality, violating personal rights of others or the legitimate interests of service providers.
  18. Service Provider reserves the right to:
  19. blocking access to the resources of the Customers that contain sexually explicit, pornographic, containing illegal software or information about its acquisition, and other illegal content, Regulations, morality or the legitimate interests of service providers in the event of adoption of reliable, valid information on this subject,
  20. removal of the Services by the Service content available through the Services, if the content violate the provisions of these Regulations,
  21. take any other steps to ensure the operation of the Service in accordance with the law and morality,
  22. in the situation prior express consent by the Service to upload content advertising and promotional activities related directly to the Service, the Service Provider is entitled to send the Client electronically this content.
  23. The Client is obliged in particular to:
  24. Password protect your account from being accessed by third parties;
  25. log out of your account using the "Logout", especially when using the Website of devices available to the public, for example. placed in Internet cafes, etc.
  26. use application for the purpose of complying with the law while maintaining all precautions,
  27. immediately inform the Service about the use of the application in a manner inconsistent with the Terms.
  28. to have appropriate powers of used vehicles
  29. have current liability insurance of motor vehicles,
  30. the use of vehicles with a valid registration card and provide the necessary security and comfort, particularly with valid technical examination allowing vehicle traffic in accordance with generally applicable laws,
  31. produce and make available on request Race.gt documents confirming the fulfillment of these obligations.
  32. The Client during registration may also agree on the transfer of commercial information by the Service Provider means of electronic communication.
  33. The service provider shall send the consumer confirmation of the distance contract on a durable medium within a reasonable time after the conclusion of prior to the start of the service. This confirmation contains information on the main characteristics of performance, taking into account the subject and the provision of means of communication with the consumer, as well as information provided by the consumer's consent to the supply of digital content in the circumstances causing the loss of the right of withdrawal.
  34. In the case of the Customers behavior contrary to the provisions of the Terms and Conditions, Race.gt has the right to keep information about this fact and the profile of its publication in the Service, and to suspend or terminate the Service Accounts.
  • 9 Payment
  1. The Client is entitled to use the full version of the application after payment of a fee in the amount indicated on the website of the course.
  2. Fees indicated in the websites of individual applications are gross prices, which include VAT and are expressed in Polish zlotys.
  3. The fee depends on the length of the access to the application, which will select the Service.
  4. The Client may make a payment for a service in the form of a bank transfer, payment by postal order or through the payment processor - the company Allegro SA
  5. In the case of payment through entities that support payments, the Client will be automatically redirected to the website of the entity, and then make payments in accordance with the rules of the provision of services by the entity.
  6. The Client who wants to get an invoice for purchasing access to the Service should inform the Service Provider. The information referred to in the preceding sentence shall be forwarded to the Service Provider in the form of mail within 7 days from the date of payment.
  7. The Service Provider that provides for the payment service to enable automatic and periodic charging of the Service (ie. Payment subscription), as well as payments via SMS after adjustment by the Service Provider to the specifications required to support such payments.
  • 10 Responsibility
  1. Service Provider and the Client are obliged to repair the damage that the other party suffered as a result of non-performance or improper performance of their obligations under the Regulations, unless the non-performance or improper performance was a consequence of circumstances for which the site is not responsible.
  2. The service provider, which has received official notification or reliable knowledge of the unlawful nature of the data provided by the Client and prevented access to the data is not liable to the Client for the damage suffered.
  3. The service provider is not liable for the use of the Site in a manner inconsistent with the Terms.
  • 11 Complaints / Reporting irregularities
  1. The recipient have the right to submit complaints on matters concerning the performance of the Services.
  2. Complaints examines Service Provider.
  3. Properly made complaint should contain at least the following:
  4. designation of the Customer (name, surname, email address)
  5. the address of the Service Provider, which the complaint relates,
  6. the subject of the complaint,
  7. the circumstances justifying the complaint.
  8. Claims containing these data will not be considered.
  9. Complaints should be submitted via the form available on the Website, atrace.gt/reklamacje .
  10. The Service Provider will endeavor to complaints were dealt with at the latest 14 days of receipt of the Client. About his decision made as a result of the complaint shall promptly notify the Customer via e-mail, the e-mail address.
  11. In special cases, ie. If the application is approved requires unusual, special measures and considerations on the part of the Service Provider or encounters objective obstacles independent and not caused by the Service Provider (eg. A breakdown, the Internet, etc.), The term diagnosis request may be extended, however no longer than 14 days.
  12. In a situation in which the application for consideration is necessary to obtain additional explanations from the Client, the deadline to respond to the application is further extended by the time explanations by the Client.
  13. Any complaints regarding the payment must be submitted to the body responsible for the execution of payments, ie. The bank or other entity through which funds are transferred.
  • 12 Withdrawal
  1. The Client may, within 14 days from the date of the agreement to withdraw from it without giving any reason and at no cost, with the exception of those referred to in Article. 33, Art. 34 paragraph. 2 and art. 35 of the Act of 30 May 2014 on consumer rights (Dz. U. 2014., Pos. 827).
  2. The Client may cancel the contract by submitting the Service Provider's statement of withdrawal from the contract. Declaration may be made on the form, which is attached as Appendix 1 hereto / available on the websiterace.gt/regulamin/odstapienie .
  3. The service provider does not provide for the submission by the Client a statement of withdrawal from the contract electronically.
  4. To meet the deadline referred to in paragraph. 1 is enough to send a statement before its expiry.
  5. In the case of termination of an agreement is considered null and void. The service provider shall immediately, not later than 14 days from the date of receipt of the Client statement of withdrawal from the contract, ask the Customer all payments made by him. The service provider shall refund the payment using the same method of payment, which used the Client, unless the Client expressly agreed to return in a different way, which does not bind him any costs.
  6. The right of withdrawal is not entitled to the Client that if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed the trader of his loss of the right of withdrawal.
  • 13 Termination
  1. The contract for the provision of services by electronic means may be terminated by the Customer or Service Provider.
  2. The Client has the right to terminate the Agreement at any time, without giving any reason, by the removal of his account alone.
  3. The service provider has the right to terminate the agreement on provision of services electronically and remove the Client Account in the following cases:
  4. breach of the relevant provisions of the Service Regulations,
  5. adoption by the Service reasonable, credible information that the account name is contrary to law, morality, violate anyone's personal rights or legitimate interests of service providers,
  6. placing by the Client of content prohibited by applicable law,
  7. the use by the Client Services contrary to its intended purpose,
  8. remove the Service by e-mail account that was used to set up accounts,
  9. Service Provider receives at least two messages from overflowing mailbox Recipients, in order to continue providing services.
  10. Agreement shall terminate upon removal of the account.
  11. About termination the Service Provider shall inform the Client (if there is a technical possibility) not later than 24 hours after removal of Accounts.
  12. Service Provider reserves the right to refuse to provide the Services to the Customer and the elimination of its accounts if it has been established again after the removal resulting from a breach of the Rules.
  • 14 Amendments to the Regulations
  1. Service Provider reserves the right to make changes to these Terms and Conditions, and shall forthwith, ie. Within a period of not less than 14 days before the changes, inform the website race.gt and electronically.
  2. The service provider will advise you of changes to the Regulations made by posting on the website race.gt, Information about changes and placing the unified text of the amended Regulations and an indication of which of the existing provisions of the Regulations have changed. In addition to the Customers Service Provider will send the relevant information to the designated during the registration e-mail address.
  3. Changing the Rules may occur at any time, in particular with major technical, legal and / or organization, without having to justify these reasons.
  4. The use by the Client of the Service after the entry into force of the amendments to the Rules is tantamount to acceptance of the changes.
  5. Any amendments to these Regulations shall enter into force within 14 days from the date of their publication on the Platform website and send relevant information to the Customers.
  • 15 Final Provisions
  1. These Regulations are available free of charge to recipients in such a way that its acquisition, playback and recording its contents.
  2. These Regulations are available on the website at race.gt/regulamin .
  3. In terms of electronically supplied services these Rules is rules, as referred to in Article. 8 of the Act on electronic services.
  4. Communication between the parties takes place in written or electronic form. In the case of written communication any correspondence should be sent to the address of the Service Provider. After receiving written correspondence Service Provider will respond to the address in writing the Service. In the case of electronic communications Service Provider will send the Client information to the e-mail address provided during registration.
  5. These Regulations shall enter into force on the date of publication on the Website.
  6. If one of the provisions of these Regulations is or will be ineffective, it does not affect the binding force of the remaining provisions. In place of the ineffective provisions of the Regulations will apply the rule, which is closest to the invalid provision and the purpose of the whole of these Regulations.
  7. Any disputes arising from the provision of services by the Service Provider shall be settled amicably, and in case of disagreement will be settled by the competent local service providers and to the point for the court.
  8. For all legal relations arising from these Regulations, it is appropriate to Polish law.
  9. In matters not regulated by the provisions of the Act on electronic services, the Law on Personal Data Protection, the Civil Code and other mandatory provisions of law

Attachments:

Appendix 1