TERMS AND CONDITIONS OF USE OF THE WEBSITE www.lovibaby.com
Whenever the following terms appear in these Terms and Conditions, they should be understood in accordance with the definition given below:
- Website – a website functioning on the Internet at the www.lovibaby.com domain.
- Terms and Conditions – these Terms and Conditions for the use of the website under the domain name www.lovibaby.com, specifying, in particular the rights and obligations of Website Users and the Controller.
- Controller – the owner of the Website – a company under the business name “CANPOL spółka z ograniczoną odpowiedzialnością” S.K.A. with its registered office in Warsaw (02-884) at ul. Puławska 430, entered into the National Court Register kept by the District Court for the capital city of Warsaw, 12th Commercial Department of the National Court Register under KRS number: 0000452771, NIP: 118-00- 28-608, REGON: 015495694.
- Act – the Act of 18 July 2002 on Providing Services by Electronic Means.
- User – a person using the Website who has registered on the Website and logged in.
- Unregistered User – a visitor to the Website who has not registered on the Website and a User who has not logged in to the Website.
- Nurse/Midwife – a User registering as a “midwife” and using the features of the part of the Website called “Midwife Zone”.
§ 1 General Provisions
- These Terms and Conditions define the principles based on which the Controller provides services by electronic means to Users and Unregistered Users in connection with the functioning of the Website in the Internet, whereby the Users and Unregistered Users may use the content of the Website on the conditions described in these Terms and Conditions, in particular, the Users may post advice, free of charge, and earn points, as well as add opinions and comments and give points to the advice of other Website Users.
- Access to the Website is available to all users of the public Internet network, whereas Unregistered Users are not entitled to use the features of the Website reserved to Users.
- The target group of the Website – due to the products offered by the Controller – are parents, but the Controller does not limit the provision of services to the Users and Unregistered Users who are not parents.
- The Website is optimised for viewing at a resolution of 1280x800.
- The Controller is not responsible for the technical limitations and obstacles that occur in the equipment, including hardware, used by the User and Unregistered User in order to use the Website, and which prevent or hinder the use of Website by the User and Unregistered User.
- The Controller declares that as part of using the Website, Users and Unregistered Users are prohibited from providing unlawful content, including the content that is vulgar and insulting to others. By accepting these Term and Conditions, Users and Unregistered Users declare that they will not violate the above prohibition.
§ 2 Registration on the Website
- The User registers on the Website voluntarily and free of charge.
- Registration on the Website is done via the Website using the form provided on the Website by filling in the registration form fields indicated as mandatory, i.e. first name, surname and e-mail address of the User, as well as non-mandatory, i.e. date of birth, address of residence, and age and first name of the child.
- The use of the Website is conditional upon the acceptance of the provisions of the Terms and Conditions made on the Website by "marking" the appropriate phrase in the registration form.
- The User, by registering on the Website, has the right to consent to receiving, via e-mail and/or SMS, advertising and commercial information related to the Website profile, originating from the Controller or other entities. The User grants this consent by expressing it on the Website. The consent in question is given by "marking" in the registration form the phrase stating that consent to receiving information from the Controller has been given.
- The User is forbidden from actively using two or more accounts or deliberately setting up subsequent accounts using the data of other family members. The Controller reserves the right to delete such accounts.
§ 3 Personal Data
- Personal data of the Users will be processed in accordance with the provisions of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 2016 item 922 as amended). Personal data will be processed only in connection with the operation of the Website.
- The Controller of the personal data is the Website Administrator.
- The provision of data is voluntary, however, if User data required for effective registration is not provided and the consent to its processing not given, the User will not be able to register and use the Website features offered to registered Users.
- Everyone has the right to access the data provided, modify it, as well as to withdraw their consent to its processing on the conditions set out in the Act on the Protection of Personal Data.
- The Controller undertakes to exercise utmost diligence in order to protect User data.
- The Controller applies technical and organisational measures to protect the data being processed, in particular, protects the data against unauthorised access, unauthorised removal, processing and storage in violation of the Act and against change, loss, damage or destruction.
- The Website may be used only in accordance with the applicable law, the provisions of these Terms and Conditions and with the good manners for the use of the Internet (Netiquette). In particular, the User cannot:
- violate the rights of other Users to use the Website;
- violate the intellectual property rights of third parties;
- publish content limited by the rights of third parties, taking into account the provisions of § 5(5) of the Terms and Conditions
- distribute illegal material, including content that violates in any way applicable law, calling for racial, ethnic, or religious hatred, containing pornographic content, approving fascism, Nasizm, communism, propagating violence, offending religious feelings, violating the rights of others;
- distribute promotional or advertising materials;
- use the Website in a manner that may lead to a disruption of its proper operation;
- generate excessive workload on the Website;
- add content that is contrary to applicable law, socially inappropriate, including the content that is vulgar, offensive or defamatory against third parties.
- The Controller, by making the Website available on the Internet does not transfer any rights to Users and Unregistered Users to the Website.
- All rights to the Website, including graphic and text elements, other than those posted by Users, are reserved and constitute the property of the Controller or other natural or legal persons, unless expressly stated otherwise. The use of the content of the Website does not mean the acquisition by the Users of any rights to works or databases contained in it, not previously posted on the Website by the User. The User is entitled to use these works or databases only to the extent of admissible use specified in the provisions of the Act of 4 February 1994 on Copyright and Related Rights and the Act of 16 April 1993 on Combating Unfair Competition. Copying, modification or transmission of any part of the Website without the written consent of the Controller, is prohibited (with the exception of the elements posted on the Website by the User, i.e. advice, comments), except as expressly permitted by applicable legal provisions.
- All product names, trade names and other individualising markings presented on the Website, which constitute protected trademarks, are subject to legal protection under the Act of 30 June 2000 Industrial Property Law and the Act of 16 April 1993 on Combating Unfair Competition.
§ 5 Responsibility of the User
- The User publishes its content on the Website at his/her own risk and is obliged to comply with applicable law and the provisions of these Terms and Conditions, in particular the provisions of § 4 - § 5 of the Terms and Conditions.
- In special cases, the Controller reserves the right to irretrievably delete the content (advice, comments) posted by the User without prior notice and without giving a reason, in particular if there are any doubts as to whether the sources are legal and the content is lawful, as well as in the event of violation of the provisions of § 4 - § 5 of the Terms and Conditions.
- The Controller reserves the right to share User's data, as well as the content originating from and disseminated on the Website by Users, if the obligation to disclose data to authorised persons arises under the applicable provisions of law.
§ 6 Responsibility of the Controller
- The Controller is not responsible for the content posted by the User on the Website. The Website User is solely responsible for his/her activities on the Website.
- The Controller does not guarantee the possibility to connect to and reserves the right to suspend access to the Website for technical reasons.
- The Controller will not be liable for any damage caused as a result of circumstances beyond the acts and omissions of the Controller.
- The Controller is entitled to change the features of the Website at any time.
§ 7 Complaints
- Complaints regarding the operation of the Website may be submitted by Users, including Unregistered Users, in writing by registered mail to the address of the registered office of the Controller with the annotation “serwis.lovi.pl”.
- A complaint should contain the data of the complainant enabling the response to the complaint, consent to the processing of personal data for the purposes of the complaint procedure and a brief description of the subject matter.
- The User will be notified of the outcome of the complaint within 14 days from the date of filing the complaint, to the address indicated by the User in the complaint application.
§ 8 Final Provisions
These Terms and Conditions apply from 01.07.2018 until revoked or changed by the Controller.