GENERAL TERMS AND CONDITIONS OF Tropter.com SERVICES
These General Regulations specify the conditions for using the internet platform located at www.Tropter.com (hereinafter referred to as the "Tropter.com Platform"). The Tropter.com platform aims to facilitate the acquisition of information about attractions, in particular tourist attractions in a given city, and the creation of such information by the Users themselves.
We make the General Regulations and other terms of services available to everyone free of charge before concluding any contract on the Tropter.com Platform, and - at your request - in a way that allows you to acquire, reproduce and record the content of the General Regulations using the ICT system you use. Detailed rules for using the functionality are available in the dedicated Tropter.com Platform tabs. Some of the special functionalities provided by the Service Provider, in particular for Users using the Tropter.com Platform commercially (selling their services through the Tropter.com Platform), are subject to conditions that are additional and complementary to these General Regulations. In the event of a discrepancy between these General Regulations and the conditions regarding such special functionality, the conditions relating to it shall prevail. If you do not agree with the provisions of these General Regulations, you may not use the Services.
Meaning of other terms used in the General Regulations:
The time during which the attraction which is the subject of the Sales Agreement can be realized or picked up by the User; Delivery times are indicated in the Order
Free service provided electronically by the Service Provider; individually modifiable part of the Tropter.com Platform to the User
A part of the Tropter.com Platform dedicated to a given User, containing publicly available data about you, subject to data marked by you as non-public
These regulations for the provision of Services via the Tropter.com Platform
User who sells attractions and services related to tourism and recreation via the Tropter.com Platform
All types of materials posted and disseminated by Users on the Tropter.com Platform, in particular in the form of opinions, photos, content on blogs, collections, excluding personal data
Agreement concluded between the Service Provider and the User, whose subject is the use of the Services by the User, and whose general provisions are set out in these General Regulations
The sales contract concluded in accordance with the provisions of these General Regulations between the Seller and the User, via the sales system of the Tropter.com Platform
Service / Services
Services provided electronically by the Service Provider, consisting in providing access to the functionalities of the Tropter.com Platform, used in particular to search for tourist attractions and to place Materials
User's declaration of intent leading directly to the conclusion of the Sales Agreement and indicating its essential conditions; Orders can be placed electronically via the Tropter.com sales system, 24 hours a day, 7 days a week throughout the year, with the proviso that they are carried out only during
1. PLATFORM AND APPLICATION
Use of the Tropter.com Platform is free, subject to the possible data transmission costs that result from the contracts you conclude with telecommunications network operators or other Internet providers, and in the scope of such data transmission.
When you start using the Tropter.com Platform, you agree to use the Services in accordance with their intended purpose, applicable law, social and moral norms and the provisions of these General Regulations. You are prohibited from providing unlawful content. In particular, you agree that by using the Services and as part of the Tropter.com Platform, you will not: (a) take any action that may impede or disrupt the functioning of the Services and use the Services in a way that is burdensome for other Users; (b) take actions to the detriment of other Users or to the detriment of third parties or the Service Provider; (c) violate the terms of the Agreement or applicable law; (d) use the Services for purposes other than those intended; (e) distribute unsolicited commercial or promotional information, junk mail, spam or any other type of message that may contain an advertising message or otherwise unrelated to the idea of the Tropter.com Platform.
The Tropter.com platform may contain advertisements for which the Service Provider receives remuneration on a commercial basis.
Our Services may not be used or accessed by persons under the age of 13.
If you are between 13 and 18 years of age, you may use the Services to the extent that you can acquire rights and incur liabilities in accordance with the provisions of applicable law. If the provisions of applicable law require the consent of your legal guardian to use the Services, at the latest by the time you conclude the Service Agreement, your legal guardian must agree to its conclusion and use of the Services.
PROVISION OF SERVICES AND ACCOUNT
As part of the Services, the User may, among others: write comments, rate objects, add photos and objects, write blogs and create collections.
When you start using any of the Services, an Agreement is concluded between you and the Service Provider for the provision of electronic services for a definite period of time by you using the Service or signing the Application, subject to keeping the Account. Each of the Agreements may be terminated by the User at any time without giving a reason and with immediate effect.
The Service Provider is entitled to terminate the Agreement with immediate effect in the event of a breach of its conditions due to the fault of the User, which will mean that you will not be able to use the Services.
To use all Services, you must have an active Account. Browsing the Tropter.com Platform does not require an Account. Each User may have one Account, which is non-transferable and non-transferable.
In order to create an Account, you must complete the registration procedure by providing the necessary information about yourself, using the interactive form available on the Tropter.com Platform or using the Facebook or Google social plugin. As soon as you confirm the registration via the activation link sent to the e-mail address provided in the form (in the case of registration via the interactive form of the Tropter.com Platform) or upon consent via the interactive form of the Facebook social plugin (in the case of registration via Facebook or Google social plug-in), an Agreement for an indefinite period is concluded between you and the Service Provider or the Agreement you have concluded so far is extended to include an Account.
The account contains the data you provided during registration. By sending a request to set up an Account, you represent and guarantee that the registration information you enter is true, correct and current, and will remain so throughout your use of the Services, by updating or editing within the Account.
You can delete your account at any time with immediate effect, without giving any reason, by using the "Delete Account" functionality. Deleting an Account is the same as terminating the Agreement.
You are responsible for what happens within and through your Account. So you cannot share it with third parties and you are responsible for keeping your login and password confidential.
Violation of the General Regulations caused by the User may result in one of the following reactions of the Service Provider: (a) warning directed to the User, (b) blocking access to the Account for a definite period of time, (d) deleting the Account, (e) preventing the User from re-establishing the Account. The Service Provider shall notify the User about the removal of the Account and the termination of the Agreement by e-mail in the e-mail sent to his e-mail address provided during registration, giving the basis for such termination of the Agreement.
The Registered User is awarded under the scoring system for his activity on the Tropter.com Platform. The points obtained are used to reward and thus distinguish active Users.
Points can be obtained for the following activities: (a) evaluating the object, (b) writing a comment to the object, (c) writing a blog, (d) adding a photo, (e) adding the object to the main map that has been accepted, (f) logging in to the portal.
Points gained are assigned to the Account and cannot be transferred to anyone. When the Account is deleted, the points are irretrievably lost.
The User may not create a Profile: (a) which would be completely independent of his identity, in particular the creation of false, fictitious or impersonating Profiles is prohibited; (b) used to send spam or unsolicited commercial information; (c) which may not be suitable for persons under the age of 18; (d) which otherwise is inconsistent with the idea or purpose of the Tropter.com Platform.
By creating a Profile and uploading a photo or image constituting the image: (a) you allow the distribution of the image placed in the Profile as part of the Tropter.com platform functionality, as well as you declare that you are entitled to grant such permission, or (b) you allow the distribution of images placed by yourself on the Tropter.com Platform in order to provide Services by the Service Provider and use the functionality of the Tropter.com Platform, as well as you declare that the persons whose image you present on the Tropter.com Platform have granted such permission.
We provide features that allow you to decide on the privacy or publicity of information or Materials selected by you. Materials or information published by you will be visible on your Profile.
CONTENT, COMMENTS AND EVALUATIONS
All data and information as well as content or photographs that you enter into the Tropter.com Platform constitute Materials. By entering Material on the Tropter.com Platform, you represent and warrant that: (a) you are the owner or legal owner of the Material, at least to the extent required by the provisions of these General Regulations, (b) The materials do not infringe the rights of third parties, (c) use and disposal The Materials by the Service Provider as part of the Services do not infringe the rights of third parties, (d) you release us from liability for any claims of persons entitled to the rights to the Material, in particular copyrights, which may assert their rights in connection with the publication of the Material on the Tropter Platform. com and you undertake to fully meet them and to cover the full costs incurred by the Service Provider in this respect.
Photos that are placed as part of the Tropter.com Platform must be in JPG format. Published photos must contain images presenting mainly the object that is in the name of the photo.
You may not place Materials on the Tropter.com Platform, in particular comments that may: (a) violate the rights or personal rights of third parties, (b) disseminate violations of the rights of third parties or personal rights, including methods to facilitate the violation of these rights or encourage such behavior, (c) propagate ideologies and methods and practices incompatible with the idea of the Tropter.com Platform, (d) be inappropriate for persons under 18 years of age, (e) threaten, call for aggression or contain elements of unjustified violence, (f) which may be used for unlawful, misleading, malicious or discriminatory purposes, (g) be in a manner obviously contrary to the principles of social coexistence or common moral and social norms or the rules of "netiquette", (f) contain returns vulgar or that may in any way violate someone's dignity, (h) promote other st websites or other Online Sellers or be considered SPAM, (i) promote racial hatred based on nationality, religion or belief.
In addition, comments may not contain: (a) false information, (b) email or postal addresses of persons or companies, or telephone numbers, (c) relationships heard from other persons, (d) content copied from comments of other persons or other portals, ( e) non-topic or incomprehensible texts, (f) texts in several languages, (g) political or social comments, (h) commercial or promotional offers.
In addition, it is prohibited to publish photos: (a) selfie types, (b) animated ones, (c) presenting mainly people posing for photos, (d) photos of objects other than the one described (e) not related to the object, (f) with subtitles or other elements added during editing, (g) deformed or distorted, (h) blurred or out of focus, (i) overexposed or too dark, (j) historical, archival or many years ago.
We do not endorse, represent or guarantee the completeness, truthfulness or reliability of any Materials posted by Users through the Services.
Actions within the rating and commentary system that may result in artificially inflating or understating the value of objects or tourist attractions are not allowed.
It is not allowed to give opinions on a place that you have not visited in person.
You may not post opinions or write comments about objects you own, and you may not use the Tropter.com Platform to express opinions about your current or former employer.
Opinions and comments can be edited or deleted by the User who published them.
All comments are public. The user reading your comment will be able to see from when you are a user of the Tropter.com Platform, how many and what comments you wrote, from which country you are.
You cannot add anonymous comments.
Comments that will be automatically detected as possibly false by the system will be marked accordingly.
The opinion may be removed from the Tropter.com Platform if other users mark it as untrue or violate the rules set out in the Regulations.
The material remains the property of the User who is its author and to whom he retains all rights. Upon publication of the Material on the Tropter.com Platform, you grant the Service Provider an unlimited, unlimited, non-exclusive license to use the Material in whole or in part. This license is granted in the following fields of use: (a) public display, display, reproduction and broadcasting in such a way that everyone can have access to it at the place and time of their choice, (b) sharing via computer networks, in including the Internet, (c) use of the Tropter.com Platform in advertising, promotional and marketing activities, including direct and interactive marketing, irrespective of the form, form and field of use, with the proviso that the Service Provider may not sell the Materials or otherwise market them.
Any use of the Material on other than indicated in paragraph 7.15. fields of exploitation will require the User's consent and determination of remuneration in each of the separate fields of exploitation.
The license referred to in paragraph 7.15 is granted in exchange for free use of the Services and Tropter.com Platform by the User granting the license.
The license is granted to the Service Provider for an indefinite period of time, however you have the right if you are the author of a given Material or you have the rights to effectively manage copyrights to it, terminate such license with a 14-day notice period, counted from the date of receipt of such notice by the Service Provider. A statement of termination of the license by the User, under pain of nullity, should be sent to the Service Provider via e-mail to the email address [email protected] or to the Service Provider's correspondence address.
REPORTING VIOLATIONS AND COMPLAINTS
The Service Provider does not exercise ongoing control or monitoring over Materials posted by Users on the Tropter.com Platform.
The service provider acts in compliance with rights, in particular intellectual property rights. Therefore, if you notice content or other material that violates your rights or other Users or third parties, in particular intellectual property rights, be sure to notify the Service Provider. In the same way, you can also notify the Service Provider of violations of the General Regulations or applicable law.
Notifications regarding infringing content, information, materials or behavior should be reported via the "Report" button or sent to the email address: [email protected] or by post to the Service Provider's correspondence address. In order to streamline the procedure, the notification should contain at least the following information: (a) User's identification data, i.e. name and e-mail address, if different from the one from which the notification is sent, (b) indication of content, other materials or behavior violating the law, together with an indication of what law they violate, (c) an indication of the location of the Tropter.com Platform where the content or material is located or the circumstances in which the violation of the law or the General Regulations occurred.
Following receipt of the notification referred to in paragraph 8.3. or official notice, access to the Material or data is prevented, and the Service Provider will notify the User who placed this Material or data on the Tropter.com Platform. The user has 3 (three) business days to respond to the allegation. Then, if the allegations are justified, the Service Provider deletes such Material or data.
You have the right to lodge a complaint regarding the functioning of the Tropter.com Platform and Services. The complaint should contain at least the data that identifies you as the advertiser, as well as substantiated reservations and comments to the Tropter.com Platform or Services. The complaint should be sent via e-mail to the e-mail address [email protected] or the correspondence address of the Service Provider. If the complaint needs to be supplemented, we will contact you with a request to complete it.
We will respond to your complaint within 14 days of receipt. You will receive a reply to the address from which the complaint was sent by you or to the address that you provided in the complaint.
We do not supervise the activities of the Sellers, we are also not their representative or representative, you should contact the Sellers directly regarding their activities or services. Therefore, we are not responsible for their actions or omissions, unless we have caused the damage.
Complaints under the warranty should be submitted directly to the Seller as a page of the Sales Agreement. In the case of a complaint submitted to the Service Provider regarding attractions or a Sales Agreement, the Seller is obliged to immediately take over such a claim or to replace the Service Provider.
The Service Provider shall not be liable for damages resulting from: (a) your culpable violation of the provisions of the General Regulations, (b) the way in which you use the Services, (c) temporarily preventing or impeding access to the Tropter.com Platform, caused by the need to carry out works repair, maintenance or modernization on the Tropter.com Platform, with the proviso that none of the above exclusions of liability limit the principle that Users who are consumers are protected by these provisions in force in the country of their habitual residence, which cannot be excluded by contract.
CHANGES TO THE REGULATIONS
The Service Provider may amend these General Regulations for important legal reasons (amendment of generally applicable law or change of the Service Provider's organizational form) or technical (modernization of the Tropter.com Platform or Services, change in the way the Tropter.com Platform or Services operate).
Users will be notified of the amendment to the General Regulations in an email sent 7 (seven) days before the new Regulations enter into force. During this time, the User should accept the amended General Regulations or refuse to accept it and terminate the Agreement.
Orders placed before the entry into force of amendments to the General Regulations are carried out in accordance with the existing content of the Regulations.
Without prejudice to other provisions of the Regulations, if you are not a consumer, in particular if you use the Services for professional purposes, the following specific provisions shall apply to you: (a) The Service Provider shall not be liable for damages caused to you by unintentional fault, and the Service Provider's liability shall be limited the losses actually incurred by you and the Service Provider is not responsible for lost profits, (b) only Polish law applies to the rights and obligations arising from the Regulations, (c) disputes arising between the Service Provider and you, are subject only to the court having jurisdiction over the seat of the Service Provider, (d) if any of the provisions of the Regulations are contradictory or inaccurate, the Service Provider has the right to interpret the General Regulations binding for you, and if any of the provisions of these Regulations prove to be invalid in whole or in part, after the remaining provisions remain in force, and in place of the invalid provisions, the remaining part of the Regulations will be interpreted in such a way that their legal force and economic effect are as close as possible to the invalid provisions.
In the event of any disputes, you can request mediation or settlement of the dispute to an arbitral tribunal (use alternative dispute resolution methods, the so-called ADR). To this end, you should submit, depending on your will, a request for mediation or a request for consideration of a case before an arbitral tribunal. Detailed information on access to these procedures is available from the authorities conducting them, including the websites they conduct. In other cases, when determining the jurisdiction of the court, the rules set out in the relevant User being a consumer legal act should be followed. As a consumer, you can also use out-of-court complaint and redress methods by submitting your complaint via the EU's ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
Contact and way of communicating with the Service Provider: (a) the contact form available on the Tropter.com Platform (b) e-mail address: [email protected]; (c) mailing address: Larimi Sp. z o.o. ul. Grottgera 15/1, 00-785 Warsaw.
The law applicable to the obligations arising from the General Regulations will be Polish law, with the proviso that this choice may not result in depriving the consumer of the protection resulting from the mandatory provisions of the law of the consumer's habitual residence.
Date of entry into force of the General Regulations 11.12.2019.