Terms and conditions of use
§ 1 General Provisions
Terms and conditions of use ("Terms") governs the use of the Internet service NoProblem available on the Internet at www.noproblem.fm ("Service").
The Service is run by Michał Skałba doing business under the name MOMENTUM MICHAŁ SKAŁBA located in Swidnica, ul. gen. Władysława Sikorskiego 6 lok. 1, 58-100 Swidnica (Poland), registered in the Central Register and Information on Economic Activity (pol. Centralna Ewidencja i Informacja o Działalności Gospodarczej), NIP (Tax ID) 8842509004, e-mail address firstname.lastname@example.org ("Service Provider").
Every person visiting or using Service is an User.
The object of the Service is to provide User with the Service Provider’s offer and to enable purchase of the access to the Service ("Services") to the selected multimedia content in digital form ("Products").
For the purposes of the Terms by the Products should be understood digital sound recordings provided in electronic form by allowing listening to file.
Providing you with the Service Provider's offer via the Site is free of charge. User may incur costs related to the purchase of the Products rights and use them for their own use. These costs do not depend on how many devices User uses the Service, and you bear them once for each Product.
Annexes are an integral part of the Terms.
For non-consumer disputes, the competent court is the Service Provider’s court. For the consumer disputes the court of competent jurisdiction is the court of the consumer, unless the consumer law of the consumer’s country does not provide the absolute jurisdiction of the consumer’s court and allows the choice of court, then the competent court is the Service Provider’s court.
Terms apply to Users having a place of permanent residence on the territory other than the Republic of Poland.
Terms does not violate provisions of the country law more favorable for customer, which is used in place of provisions of the Terms, also any provisions contrary to the law of the customer are considered invalid and non-binding.
If the customer’s country law permits choice of law, applicable is the law of the Service Provider (the Polish law).
§ 2 Electronic services and the processing of personal data
The contract of electronic services between the Service Provider and the User ("Agreement") is concluded after properly completing the registration form by User which is available on the Website. The Service Provider indicates in the registration form, which User’s data are necessary to conclude the Agreement and commencement of services. User is obliged to provide in the registration form complete and accurate data.
Refusal to accept the Terms leads to not concluding the Agreement. The Service Provider can refuse to provide the Services to the User only in case of refusal of the Terms acceptance or refusal to provide by the User data necessary for the conclusion of the Agreement, or when the User provides inaccurate or incomplete data.
The agreement is concluded for an indefinite period.
As a result of the conclusion the User receives access to a dedicated individual account within the Service ("Account"), under which, in particular, can manage the purchased Products, settings, accounts and their data, and contact the Service Provider.
By clicking the relevant box in the registration form, the User declares the consent to the collection, processing and use by the Service personal data given in order to provide Services by the Service Provider.
The Service due diligence to collect and process personal data only for lawful purposes. Users' personal data may be transferred outside the country where the User is located to the country of the Service Provider.
You have the right to inspect your personal data transferred to the Service Provider and may require their modification and deletion.
Administrator of personal data is Michał Skałba residing in Swidnica (Poland).
Personal data is collected solely for the purpose of the Terms to provide electronic services in respect of the activities of the Service.
By clicking the relevant box in the registration form, the User declares if agrees to receive unsolicited commercial information about promotions and new products available in the Service, as well as other sent by the Service Provider or on its behalf to the e-mail address provided by the User at registration to the Service, also after the end of using the Service.
The Service Provider may process the following personal data of the User with his consent:
information of sex,
address or residence,
the identity of the social networking (login),
information regarding interests,
bank account number.
Withdrawal of consent to the processing personal data can be made at any time by sending a declaration in electronic form to the e-mail address email@example.com indicating which data User requests to stop the collection. If, as a result of refusing the processing of personal data, the Service Provider will not be able to further provide Services, he may terminate the Agreement with immediate effect.
§ 3 Conditions of Use
The User uses the Service through individual account.
The User gains access to the account after the login form with the correct username (email address) and password provided during registration on the Website. In case the User forgets the password, after the correct password recovery fill in the form and the data verification by system of the Service Provider, User will receive a reminder by email to the email address provided during registration on the Website.
In the event of any obsolete data given in the registration process, you should immediately update them using the appropriate forms available in the Accounts tab.
You agree not to enter to the Service illegal content, contrary to morality, law or violating personal rights of third parties.
Service Provider is not responsible for the content posted, stored or transmitted to the Service by Users.
The User is obliged to comply with the law when using the Service.
You should not share any of your data to third parties enabling login to the Service, as well as to ensure their safekeeping. The Service Provider is not responsible for damage caused to you as a result of an inadvertent release or allow the use of your account to third parties.
In order to use the Service is required by the User to have a device enabling access to the Internet, including a program to browse its resources, which can play audio files and generate sounds.
The Service Provider reserves the right to temporarily block the Account or access to certain services if it is determined that the security account is at risk, particularly when there is a suspicion of breaking the account. The Service Provider may make further use of the account by the User to change the password to this account.
The Service Provider reserves the right to introduce additional restrictions on the use of the Account, including Account deletion, in the case of gross breach of the Terms, or attempt to act to the detriment of the Service Provider.
The purchase of the Product occurs by activating by the User visible in the Service appropriate options for each Product and following the instructions shown at every stage of the purchase process.
During purchase process the User agrees or does not agree for delivering the Product before the deadline for withdrawal referred to in § 7 of Terms. In the case of consent for delivering the Product before the deadline for withdrawal, the User is informed about the loss of the possibility of withdrawal.
Purchase of the Product is associated with the obligation to pay the price. All Product prices include VAT and are stated in gross amounts.
Payment of the price can be made in a manner chosen by the User from the options offered by the Service Provider. After selecting the method of payment for the ordered Product, you may be redirected out of the Service to make payments. Payment processing services are provided by third parties on terms and conditions determined by them.
After payment for the purchase you will receive on an e-mail message informing of acceptance of an order and its realization process.
Product sharing agreement is concluded when User expresses will to make payments for specifically designated Product or Products.
The contract is executed immediately after the receipt of payment by the User delivered by the payment service to the Service Provider. The Product is released within 24 hours.
The Product is made available to you for a period of 30 days from the date of crediting the bank account of the Service with price paid for the acquisition of access. After a period of 30 days the User losses the ability to listen to the Product, but can buy another period of access to the Product, unless it is impossible by Service.
You acknowledge that:
Products offered by the Service are not a substitute of medical examination or treatment (medical, psychological, psychiatric, etc.) and are not a medical product (cure or similar),
in the case of possession by you of any medical diagnosis or psychological, to the lack of certainty as to the consequences of the use of the Products, you should before contact in this regard with a doctor or specialist,
you should not listen to the Product while driving a car, operating machines and in any other cases, when it is required to maintain a fully awaken consciousness,
Products that they contain isochronous tons (waves alpha, beta, theta and delta) are not recommended for pregnant, children or people who suffer from epilepsy.
The User may be only adults.
In the case of listening to the Product for at least 14 days without achieving a positive effect by the User described by the Service, Service will return the purchase price of access to the Product. Pay back will be in the way that has been paid by you within 14 days from the date of receipt by the Service refund request with justification indicating the lack of the results.
Obtaining effects indicated by the Service description of the products is a matter of an individual dependent on factors such as personality traits, the frequency of listening, mood and emotional approach to the product. Therefore, the results obtained by individual users may vary.
§ 4 Issues of copyright law
All products offered or made available through the Service are subject to protection under copyright law.
You have the right to use the Product purchased under the terms of the User License annexed hereto.
User is obliged not to transfer listened or acquired by him through the Service Products to third parties, as well as taking care of it, that these people do not have access to listened or acquired Products in a way that allows their reproduction, distribution or use in any other manner inconsistent with the scope of rights granted to User under the Terms, or User License or copyright and related rights.
In the case of obtaining by the Service Provider information on violations, referred to above, the Service Provider will call the User to remove the effects of the infringements on the User's expense. In the event of failure to call the User by the Service Provider within 10 days of receipt of the request by the User, the Service Provider may address a claim against him for breach of User License or other rights to the Product.
§ 5 Complaints
Any complaints related to the use of the Service or the Products defects should be directed to the Service Provider e-mail firstname.lastname@example.org or address of the Service Provider specified in § 1. 2 of the Terms.
The complaint should fully describe the facts of the case, a request and data allowing the identification in the Service, and include contact information for the purposes of the complaint.
The Service Provider shall consider complaints within 14 days of receipt of the complaint. If the Service Provider will not refer the complaint within 14 days from the date of its receipt, it is believed that the complaint was considered reasonable.
In the event of a dispute between the Service Provider and the User as to whether the refusal of the claim, or other consumer disputes, User is entitled to use extrajudicial methods of complaint and redress. You can use the mediation or arbitration of the judiciary by providing the institution to which the proceedings will be held the appropriate form - a request for mediation or request for arbitration. A list of exemplary institution, including contact details is available on the www.uokik.gov.pl.
Users (consumers) having a residency on the territory of the European Union can use the ODR platform (ODR - Online Dispute Resolution) for extrajudicial disputes, available at https://ec.europa.eu/consumers/odr/main/?event=main.home.show. Point of contact for the Service Provider's e-mail address is email@example.com.
The Terms does not affect Users’ national laws relating to the complaint, which are more favorable for them.
§ 6 Termination of Agreement
Termination of the Agreement by the User may be made by submitting a statement sent electronically to the e-mail firstname.lastname@example.org or address of the Service Provider specified in § 1. 2 of the Terms. You should attach a request to stop processing personal data given in the registration form. The notice period lasts seven days from the receipt of the declaration by the Service Provider.
Termination of the Agreement by the Service Provider may occur in situations where the User:
uses the Account in a manner inconsistent with the Terms,
uses or attempts to use the Service in a manner inconsistent with its purpose,
violates or attempts to violate the technical security of the Service to gain unauthorized access to the resources of the Service Provider.
In such cases, the Service Provider is entitled to request the User to stop violations of the Terms and to temporary lock access to the account. In the case of not following the request or in the absence of a hearing by the User within 3 days, the Service Provider has the right to terminate the Agreement with immediate effect.
The effect of termination of the Agreement is to remove the Account of the Service and the User loses access to the content contained in the Account.
§ 7 Termination of Agreement
The consumer may withdraw from a contract within 14 days from the date of the contract.
The withdrawal is based on a User’s statement delivered to the Service Provider. You can use the statement annexed hereto.
The Service Provider shall immediately send you a confirmation of receipt of notice of withdrawal from the Agreement.
In case of withdrawal from the Agreement by the User, Agreement is considered to be void.
Within 14 days of receipt of the declaration of withdrawal from the User, the Service Provider will return all payments made by him.
Due to the nature of the products that are sound recordings, and also digital content that is not stored on a tangible medium, User has no right to return the Product and rescind the contract after the purchase of the Product, if:
you have given in the course of the purchase of the Product agree to deliver the Product before the expiry of the withdrawal,
the User has been informed about the loss of the possibility of withdrawal.
If you do not consent to deliver the Product before the deadline for withdrawal, the Service Provider will provide you with the Product purchased after that date. After the purchase of the Product, you may agree to make available the Product purchased before the deadline for withdrawal by submitting an e-mail to the Service Providero email@example.com with demand to make Product available before the deadline to withdraw from the contract.
Appendix 1. User License.
The user can use the Products according to the following License.
The user has the right to use the Products purchased on the Site solely for User personal use.
The User can reproduce and play downloaded products in electronic devices, introduce into the memory of a computer or other equipment in order to familiarize themselves with its content without the possibility of changing the structure of the electronic or otherwise modify the Product and further dissemination.
The User is not authorized to
distribute or place on the market purchased Products in whole or in part,
interfering with the contents of Products,
publish, distribute, reproduce Products,
remove owner marks and technical securities,
putting in letting Products,
any commercial use of the Products.
Appendix 2 Model withdrawal form.
(This form must be completed and returned just in case you wish to withdraw from the contract)
Recipient: MOMENTUM MICHAŁ SKAŁBA located in Swidnica (Poland), ul. gen. Władysława Sikorskiego 6 lok. 1, 58-100 Swidnica, e-mail: firstname.lastname@example.org
I / We (*) hereby give notice that / to inform (*) my / our withdrawal from the contract of sale of the following things (*) contract for the supply of the following items (*) contract for work consisting in performing the following things (*) / provision of the following services (*)
Date of conclusion of contract (*) / received on (*)
Name of consumer (s)
Address of consumer (s)
Signature of consumer (s) (only if this form is notified on paper)
(*) delete as appropriate.
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