TERMS & CONDITIONS

Customers are obliged to learn the content of the Terms & Conditions before  using   GuideandFun.com website.

GUIDEANDFUN.COM

TERMS & CONDITIONS

I.        General provisions

II.       Definitions

III.      Nature and extent of the electronic services

IV.      Conditions of service provision and concluding an agreement for electronic service provision

V.       Booking conditions

VI.     Conditions for termination of agreement for electronic service provision

VII.    Complaint procedure

VIII.   Right of withdrawal

IX.     Intellectual property

X.      Liability

XI.     Final provisions

I.              GENERAL PROVISIONS

1.    GuideandFun.com website is managed by Tomasz Czułek who is running business activity as GUIDE AND FUN Tomasz Czułek company, registered in  Central Registration and Information on Business (CEIDG) run by Polish Minister of Economy. Company address: ul. Czerska 18/380 NIP: 8371245326, REGON: 368644672, e-mail: GUIDE AND FUN Tomasz Czułek, tel. +48 794 002 871

2.    GuideandFun.com website operates on terms and conditions covered in this document.

3.    Terms & Conditions describe types and range of electronic services provided by GuideandFun.com website, regulations on provision of these services, conditions for concluding and termination of agreements for electronic services provision, and complaint procedure.

4.    Every Customer aiming to use GuideandFun.com website services is obliged to submit to GuideandFun.com website Terms & Conditions.

5.    Website and Provider are not selling services provided by Guides presented on the GuideandFun.com website.

6.    Website is not a side in legal relations, between Customers, resulting from, and being directly connected with advertisements and services presented in its content.

7.    Customers are responsible for results of a non-fulfilment or failing to meet the expectations of mutual obligations. Concerning guarantee covering physical and legal defects, legal base and area of responsibility of a Guide regarding a Customer are covered in the Law of 23 April 1964 of Polish Civil Code (Journal of Laws 1964/16, item 93, as amended).

8.    Provider is not responsible for lack of interest or responses regarding featured advertisements or services.

9.    Guide is obliged to ensure relevant and up-to-date descriptions of advertisements and services presented on the website. Content of advertisement or commission should be prepared by Guide in the way that it is honest, complete, relevant to actual state, and it does not misdirect other Users, especially considering its nature and properties.

10.  Regarding content of the website there is a total ban on presenting and placing on the market items considered illegal within boundaries of Polish law, especially drugs, firearms, cultural property and items obtained illegally – stolen or other prohibited by regulations of general application.

11.  There is a total ban on providing via Website services prohibited by regulations of common application.

12.  All trade names, names of products, companies and their logos used on GuideandFun.com website are property of their owners and are used only for identification purposes. They might be registered trademarks. All materials, descriptions and photos presented on the GuideandFun.com website are used for informational purposes.

13.  For any matters not governed by this Terms & Conditions these laws shall apply:  the Consumers Law of 30 may 2014 of Polish Civil Code (Journal of Laws 2014, item 827), the Act of 4 February 1994 On Copyright and Related Rights (Journal of Laws 1994/24, item 83, as amended), The Act of Electronically Supplied Services of 18 July 2002  (Journal of Laws 2002/144, item 1204, as amended), and other appropriate regulations of polish law.

II.            TERMS

1.    AUTHOR – a Customer that has accepted these Terms & Conditions and is sending a photo, video or content with intent to insert it on GuideandFun.com website.

2.    APPLICATION FORM – a form available on GuideandFun.com website used to create new Account. Application Form enables creation of an Account for a specific user. In order to activate an Account, User should enter a link sent on his email address given during the registration process. Guide that has filled in Application Form but did not participate in interview with GuideandFun.com representative, can create new advertisements but they won’t be published until full verification is accomplished.

3.    ADVERTISEMENT INSERTION FORM – a Form available on GuideandFun.com enabling Guide to insert advertisements (services) into website.

4.    CLIENT – User that has booked or is intending to book a service provided by Guide.

5.    ACCOUNT – collection of resources contained within communication and information system of the Provider, characterised by unique name (login) and password provided by Guide, containing Customers data. Customer is prohibited from using Accounts of other Users and sharing his own Account with third parties.

6.    CONSUMER – natural person participating with a contractor in any legal action not related directly with his business or professional activity.

7.    LICENSE – license agreement as defined in chapter 5 of the Act of 4 February 1994 On Copyright and Related Rights (Journal of Laws 1994/24, item 83, as amended).

8.    NEWSLETTER – Electronic Service enabling Customer to subscribe and receive on a given  email free information related to website and send by the Provider.

9.    GUIDE – User offering services via Website.

10.  GUIDES RANKING – Electronic Service delivered for Customers by Provider that enables rewarding by positioning top high-rated Guides operating within Website.

11.  TERMS & CONDITIONS – this Terms & Conditions regarding GuideandFun.com website.

12.  WEBSITE – Website GuideandFun.com managed by the Provider.

13.  REVIEW SYSTEM – Electronic Service delivered for Customer by Provider that enables Clients to publish opinions regarding process of realisation of a service provided by Guides and Guide’s  responses considering these opinions.

14.  PROVIDER – Tomasz Czułek who is running business activity as GUIDE AND FUN Tomasz Czułek, ul. Czerska 18/380,  NIP: 8371245326, REGON: 368644672

15.  CUSTOMER, USER – natural person with full legal capacity, legal person or organisational unit without legal personality with a legal capacity given by a legal act, using Electronic Service.

16.  ELECTRONIC SERVICE –  service delivered by Provider for Customer through electronic means via Website.

17.  SEARCH ENGINE – Electronic Service delivered by Provider for Customers that enables search of specific advertisements or content on the basis of data given by Customer (using filters).

III.           TYPES AND RANGE OF ELECTRONIC SERVICES

1.    By means of Website Provider enables such Electronic Services as:

a)    Account management,

b)    Insertion of advertisements (services) including photos,

c)    Newsletter,

d)    Search Engine,

e)    Review System,

f)     Guides Ranking,

g)    booking of services provided by Guides.

2.    Provision of services for Website Customers is regulated in this Terms & Conditions.

3.    Provider has a right to insert advertisements into Website. Such content remains inherent part of Website and content presented in it.

IV.          CONDITIONS OF SERVICE PROVISION AND CONCLUDING AN AGREEMENT FOR ELECTRONIC SERVICE PROVISION

1.   Electronic Service provision defined in chapter III of this Terms & Conditions, section 1, paragraphs from a) to f) is free.

2.   Electronic Service provision defined in chapter III of this Terms & Conditions, section 1, paragraph g) is paid.

3.   Charges mentioned in this chapter must be paid via electronic payment systems (PayPal), with no delay – as soon as the booking of a service is made.

4.   In case of payments made via electronic payment systems Customer must make a payment before start of a given service realisation.

5.   Payment operator is PayPal.

6.   Guide is obliged to pay the Provider a 20% commission of the amount obtained from a User as a payment regarding booking of Guide’s services.

7.   After service realisation, Guide obtains an invoice for amount equal to the commission mentioned in section 6 of this chapter.

8.   Guide authorizes the Provider to administrate and to transfer him payments made by Users regarding services booking.

9.   Guide agrees that the Provider will charge the commission mentioned in section 6 of this chapter.

10.  Guide agrees that through the Website he will obtain electronic invoices according to the polish law of tax on goods and services.

11.  Guide is obliged to be in possession and to deliver the Provider all necessary information considering PayPal account in order to transfer funds payed by Clients regarding payment for booking.

12.  Time period on which an agreement is being concluded:

a)    Agreement for Electronic Service provision in a form of Account management is concluded for an indefinite period of time.

b)    Agreement for Electronic Service provision in a form of Insertion of advertisement (service) into Website is a fixed-term agreement and it will terminate by the time  specified in the agreement.

Service does not renew automatically.

In a situation where the content of Terms & Conditions will be modified service that has been already started shall be executed on foregoing terms. In a situation where a given advertisement will expire renewal of it is carried out according to modifications made in Terms & Conditions after Customers approval. Guide is obliged not to include in his offer: links to external websites, contact forms, phone numbers, email addresses and any other information that might enable contact between Guide and Customer outside Website.

c)    Agreement for Electronic Service provision in a form of access to the Search Engine is a fixed-term agreement and it will terminate by the time when User will stop using it.

d)    Agreement for Electronic Service provision in a form of booking is a fixed-term agreement and it will terminate by the time when the booking is completed or by the time when User stops using this service.

e)    Agreement for Electronic Service provision in a form of access to the Review System is a fixed-term agreement and it will terminate by the time when an opinion is being published or when Client stops using this service. Client is obliged:

i.    to review and rate only if he has used a given service by himself,

ii.    not to review or rate if he is hired by the one being reviewed or he remains in a similar relation with the one being reviewed  or rated,

iii.    not to publish false or misleading opinions on services provided,

iv.    to publish true opinions regarding the right to give opinions freely, especially in order to enable Users to form their own opinions on services provided,

v.    not to publish advertisements of goods, services or subjects unless such actions are performed with an agreement of Website,

vi.    not to publish any personal data without approval of the person concerned unless there are legal regulations on the basis which such data can be published without consent of the person involved.

f)     Agreement for Electronic Service provision in a form of access to the Newsletter is concluded for an indefinite period of time.

g)    Agreement for Electronic Service provision in a form of access to the Guides Ranking is concluded for an indefinite period of time.

13.  Technical requirements necessary for cooperation with communication and information system of the Provider:

a)    computer (or a mobile device) with access to the internet,

b)    access to email,

c)    web browser,

d)    Cookies and JavaScript enabled within browser.

14.  Customer is obliged to use Website in the way that it is legal and in accordance with good taste considering respect toward personal goods and intellectual property of any third parties.

15.  Customer is obliged to insert true data.

16.  Customer is obliged not to publish any content considered illegal.

17.  Customer is obliged not to perform any actions that could impair or interrupt functioning of Website or any other actions possibly harmful for the Provider or other entities.

18.  Provider reserves the right to refuse to publish, edit or delete any content (also advertisements, photos and opinions) that might violate Terms & Conditions or the applicable law, especially if they contain elements:

a)    widely recognised as offensive or vulgar,

b)    racist in nature,

c)    pornographic or erotic in nature,

d)    containing constituent elements of crime or act of unfair competition,

e)    violating copyright laws or intellectual property laws,

f)     misleading Customers,

g)    advertising other websites (particularly websites competitive against GuideandFun.com),

h)    considered as SPAM or promotional material,

i)      containing advertisements on contests organised without permission of the Website.

19.  Provider reserves the right to delete a given advertisement from the Website (at the same time sending a proper notice to a given Guide) in a situation where the Provider has obtained knowledge, a reasonable doubt or an adequate official information on the fact that a given User has violated, intended to violate, bypass or intended to bypass common or local law (especially when he acted or intended to act harmfully toward third parties; particularly if he did not fulfil an agreement concluded with other User or regulations within this Terms & Conditions).

V.            BOOKING CONDITIONS

1.    On the basis of information delivered by Client via interactive calendar Website generates summary in a form of initial booking online. Among other things it contains data on place, date, number of people and total amount of the payment.

2.    After logging in or after going through simplified registration, Client moves on to the payment tab where he can choose forms of payment: PayPal or credit/bank card.

3.    Payment will be made on the PayPal account of Website from which money will be transferred to Guide’s PayPal account (up to 7 days from the moment of booking money in the system), granted that service will be realised. Money transferred from Users will be received by the Payment Operator. Website does not provide payment services regarding Guides.

4.    After payment Client will receive electronic confirmation of the initial Booking at the email address given during Booking.

5.    Guide confirms or rejects Booking during 48 hours. Confirmation or rejection of a given Booking is carried out by Guide via Website in form of email send on address given by Client during Booking.

6.    Booking will be cancelled if Website will not receive payment immediately by the time the Booking is being made. Information on cancelling a given Booking will be sent by Website on Users email address.

7.    By the time payment is being made by the Client, Website will sent to Guide information confirming realisation of service. Simultaneously, possibility to book such service at the same time by other Users will be blocked.

8.    Guide will not demand any further administration fee except payments mentioned in Booking confirmation.

9.    If Guide will be absent or service will not be realised Client should immediately inform the Provider about it.

10.  Whole amount collected will be returned in a situation when:

a)    Guide will cancel or reject a Booking,

b)    Guide will not realise a service,

c)    Guide will be absent.

11.  In case of a complaint regarding service provided by Guide, Guide’s payment and refund will be postponed until decision on complaint. Reply for a complaint will be delivered on paper or durable medium (email) immediately (up to 7 days from the day it was received).

12.  Payment or refund discussed in section 10 will take place immediately (up to 2 days from the date of decision on complaint).

13.  In a situation where service has not been realised, Guide will receive payment if he will demonstrate that he has made all the effort in order to realise a given agreement (service) while lack of actions occurred as effect of circumstances for which  responsibility rests on Client.

VI.          CONDITIONS FOR TERMINATION OF AGREEMENT FOR ELECTRONIC SERVICE PROVISION

1.    Termination of agreement for Electronic Service:

a)    Continuous Agreement for Electronic Service provision concluded for an indefinite period of time (e.g. Account management) can be terminated.

b)    Customer can terminate agreement with immediate effect and without reason by sending proper declaration via email on contact@guideandfun.com

c)    Provider can terminate agreement for electronic service provision if Customer violates Terms & Conditions (especially if Customer delivers content illegal in nature and after unsuccessful communication covering warning with a specific response time given). In this case agreement terminates after 7 days from date of issuing will of termination (notice period).

d)    As a result of termination legal relations are ceased with effect in future.

2.    Both Provider and Customer can terminate agreement for Electronic Service provision at any time if agreement of the parties occurs.

VII.         COMPLAINT PROCEDURE

1.    Complaints regarding Electronic Service delivered by Provider:

a)    Customer can send Complaints regarding Electronic Service provision delivered by Website via email  contact@guideandfun.com

b)    Message mentioned in previous section have to cover as much data as possible regarding subject of complaint (especially circumstances, date and type of irregularity that has occurred) .  It should also include contact details. Given data will significantly simplify and shorten processing of complaint by Provider.

c)    Handling complaint by Provider starts immediately up to 14 days.

d)    Provider’s response regarding complaint is sent at Customers email given in the complaint message or by other means given by Customer.

VIII.        RIGHT OF WITHDRAWAL

1.    Customer who is a Consumer that has concluded an agreement remotely can withdraw from it without giving any reasons by issuing a proper declaration up to 14 days. In order to keep this time limit it is enough to deliver the declaration of withdrawal from the agreement.

2.    14 days time limit during which Consumer can withdraw from the agreement starts from the day on which Consumer has concluded agreement for service provision.

3.    Consumer has no right to withdraw from agreement for service provision concluded remotely if contractor has fully realised a service (with the explicit consent of Consumer) while Consumer has been informed before service provision that after realising it by contractor he will lose the right to withdraw from agreement or provision of hotel services, carriage of goods, car renting, gastronomy, leisure services, entertainment, sport or cultural events if within agreement there is a specified date or time period of service provision.

4.    If Consumer applies the right to withdraw from agreement after issuing request for service realisation he is obliged to provide payment for services already realised up to the moment of agreement withdrawal. Guide and Provider have right to demand payment for expenses already covered and services already realised up to the moment of receiving withdrawal (booking cancellation).

5.    Only for informational purposes, Provider delivers following data: historically shaped average of actual expenses covered by Guides in relation to value of concluded agreement  usually evolves in this manner:

up to 30 days before the day of service provision – 20 %,

from 30 to 14 days before the day of service provision – 50 %,

from 14 to 7 days before the day of service provision – 95 %.

6.    Payment amount is calculated proportionately to range of provided service regarding price or payment mentioned in the agreement. Basis for calculating this amount is market value of a given realised service.

IX.          INTELECTUAL PROPERTY

1.    All content of GuideandFun.com Website, including its name, functionality, graphic design, logo, graphic elements and composition of these elements (layout), trademarks, software and database are under copyright protection (except content inserted by Customers and elements used on terms of license, copyright transferring or permitted use) are property of Tomasz Czułek who is running business activity as GUIDE AND FUN Tomasz Czułek company, ul. Czerska 18/380 NIP: 8371245326, REGON: 368644672. Customer takes full responsibility for any harm done toward Provider that comes as a result of using any of GuideandFun.com Website content without Provider’s approval.

2.    Any utilisation of any of the elements constituting content of GuideandFun.com Website by anyone, without clear written permission of Provider, is copyright violation and results in civil and criminal responsibility.

3.    Sending  photo or video with description, with an intend to insert them into Website, author gives Provider free of charge, non-exclusive license to use author’s economic rights toward photo, according to rules given below.

4.    License authorises Website to use photo, video or other digital content for indefinite period of time (license period), especially on the GuideandFun.com Website, blog and Website accounts in social networks.

5.    License authorises use of photo, video other digital content according to each type of use listed below:

- preservation and copying of photo or video; reproduction of photo in any technique (including print, reprography, magnetic record and digital technique),

- marketing originals and copies on which given photo or video has been preserved – marketing, entering into computer memory, lending or renting,

- distribution of photo or video in a way not mentioned above (public exposition, display, playing, reemission), especially in the Internet, public display of a photo or video in a way that everyone has access to it (in any given place and time),

6.    License authorises use of photo, video or other digital content internationally.

7.    Furthermore, Author exercising his author’s economic and private rights:

- gives Website permission (without any additional Authors acceptance) to elaborate on photos, videos or other digital data by shortening, digital editing to form it in a way that it  fits Website’s requirements, shaping it in order to enable use according to Website’s intend, making changes covering resizing, framing and fusing it with other works (as defined in  Copyright and Related Rights Act). Author also  authorises use of these works according to each type of use listed above;

- authorises Website to exercise derivative copyrights, especially use of elaborations of photo, video or other digital content and managing them according to each type of use listed above;

- authorises Website to destroy a preservation of a photo, video or other digital content  made by Website without any additional Authors acceptance,

- transfers on Website right to accept exercising derivative copyright toward photo, video or other digital content.

8.    Furthermore, Author declares that:

- he is an exclusive producer of a delivered photo, video or other digital content or that he has full economic copyrights toward them; he manages his own copyrights exclusively and individually, there is no other person/entity representing him in this matter and that his copyrights toward photo, video or digital content are not limited or restricted in any way and no third parties will claim their rights regarding license obtained by Website or regarding exercising rights transferred from Author,

- persons visible on photos, videos or other digital content have declared consent necessary to publish given data and declared that emission will not affect their personal rights,

- on Website’s demand he will deliver adequate documents confirming legal status discussed in this section of Terms & Regulations.

9.    Customer sending files and other digital content to Website confirms his right to manage them and takes full responsibility  for violation of economic copyrights and related rights, personal data and personal rights of any third parties, and in a situation where a person with any claims toward Website will occur, he declares to release Website and Provider from any responsibility concerning violation and that he will fully satisfy third parties claims in this respect.

X.            LIABILITY

1.    Provider takes all precautionary measures available in order to secure User’s personal data.

2.    Provider will take all measures necessary to provide complete and up-to-date data available on Website and that he will present them in a neat manner (taking into account actual and legal circumstances and within boundaries of law and with respect toward consumer rights).

3.    Users take full responsibility for breaking the law or any harm caused by their actions  related to Website, especially delivering untrue data, classified data disclosure,  or other confidential information protected by a legal act, violating personal data or copyrights or related rights and also processing User’s personal data for reasons not related with Website’s purposes or violating personal data protection act.

4.    Provider is obliged to (whenever possible) inform Users with an advance about possible problems with Website’s functionality incoming, especially denial of service.

5.    Provider has no responsibility toward Customers which are not Consumers:

a)    concerning harm and loses regarding (directly or not) using, impossibility to use or malfunctioning of Website, harm caused by shutdown or failure of communication and information system or power grid failure (including harm regarding company’s profit loss, running of business stop or loss of data economic in nature and other harm economic in nature),

b)    Regarding improper use of Website by Customer who is not a Consumer and improper functioning  of computer device, software or communication system utilised by Customer to connect with Website,

c)    for any potential harm done as a result of error, malfunction and denial of service caused by improper saving or loading data downloaded by Customers,

d)    for interruptions in function of Website, and also loss of Customer’s data (who are not Consumers) being result of actions taken by third parties or other outside forces  that could not be predicted or prevented from occurring,

e)    for third parties illegal or against Terms & Conditions use of data within Website,

f)     for inability to log into Website system, especially caused by: quality of internet connection, failure of communication and information system or power grid or improper configuration of Customers (who are not Consumers) software,

g)    for results of losing a password.

XI.          FINAL PROVISIONS

1.    Agreements concluded via Website are in accordance with polish law.

2.    Changes made by Provider affect Customer provided that he obtained proper notice on such fact and he did not withdraw agreement within 14 days from the day he was informed about the change.

3.    Any conflicts between Provider and Customer will be dealt with on the path of negotiations with an intend to be settled amicably, in the first place. However, if that would turn impossible or unsatisfactory for any of sides, conflict will be settled by proper court of law according to section 4 of this chapter.

4.    Settling a conflict with a legal process:

a)    Potential conflicts between Provider and Customer who is a Consumer are delivered to proper courts of law according to regulations of code of civil procedures of 17 November 1965 r. (Journal of Laws 1965/43, item 296, as amended).

b)    Potential conflicts between Provider and Customer who is a Consumer are delivered to proper courts of law according to place of residence of Provider

5.    Customer who is a Consumer has a right to utilise extrajudicial means of settling a conflict, especially by issuing a petition for initiation of mediations (after complaint procedure is completed) or petition for settling a conflict by arbitration court (such declaration can be downloaded via http://www.uokik.gov.pl/download.php?plik=6223). List of Permanent Consumer Arbitration Courts operating by Province Trade Inspectorates is available on http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumer can also service free advisory of city consumers spokesman or social organisation with a duty range covering consumers protection.  Extrajudicial settling a conflict after complaint procedure is completed is free.

6.    In order to settle a conflict amicably, Consumer can issue a complaint via ODR web platform (Online Dispute Resolution) available on http://ec.europa.eu/consumers/odr/.

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