§ 1.
General Provisions
- This Terms and Conditions document (hereinafter referred to as the “Terms and Conditions”) defines the rules and conditions for the delivery of the “MAPSTIC” service Newsletter, available at the internet address https://mapstic.com/en/ (hereinafter referred to as the “Service”).
- The Terms and Conditions is the document referred to in Article 8 of the Act of July 18, 2002, on the Provision of Electronic Services (hereinafter referred to as the “Act on the Provision of Electronic Services”).
- The Newsletter provider is MBRIDGE, a limited liability company with its registered office in Warsaw (address: ul. Bukowińska 22B, 02-703 Warsaw). It is registered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under the number KRS 0000620984, REGON 36437128900000, NIP 5213734384. The company has a fully paid-up share capital of 6,000.00 PLN (six thousand zlotys) (hereinafter referred to as the “Provider”).
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Contact with the Provider is possible via:
- Email: kontakt@mapstic.com;
- Traditional mail: ul. Bukowińska 22B, 02-703 Warsaw
- Phone number: 513875501 .
- Before subscribing to the Newsletter, the Subscriber is required to read the Terms and Conditions and the Privacy Policy.
- In matters not regulated by these Terms and Conditions, the provisions of the Service Terms available at https://mapstic.com/en/terms-and-conditions/ (hereinafter referred to as the “Service Terms”) shall apply.
§ 2.
Definitions
Terms used in these Terms and Conditions with capitalized letters have the following meanings:
- Service - as defined in § 1, section 1 of the Terms and Conditions;
- Provider - as defined in § 1, section 3 of the Terms and Conditions;
- Newsletter - digital content as defined by the provisions of the Consumer Rights Act, including commercial information regarding the current activities of the Provider, such as information about new products and promotions available on the Service;
- Non-compliance - understood as the Newsletter not meeting the terms of the Newsletter Delivery Agreement (the criteria for evaluating compliance are specified in Article 43k, sections 1-2 of the Consumer Rights Act);
- Privacy Policy - a document containing information about the processing of Subscribers’ personal data by the Provider;
- Entrepreneur - a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by special regulations, conducting business or professional activities on their own behalf;
- Entrepreneur with Consumer Rights - a natural person conducting business or professional activities on their own behalf, who has entered into an agreement with the Provider directly related to their business activities, but which is not of a professional nature for that person, particularly considering the subject of their business activities;
- Terms and Conditions - as defined in § 1, section 1 of the Terms and Conditions;
- Service Terms - as defined in § 1, section 6 of the Terms and Conditions;
- Subscriber - a person who is either an Entrepreneur or an Entrepreneur with Consumer Rights, who has entered into a Newsletter Delivery Agreement with the Provider or has taken steps to enter into such an agreement;
- Newsletter Delivery Agreement - an agreement for the delivery of the Newsletter as defined by the provisions of the Consumer Rights Act, under which the Provider agrees to provide the Subscriber with the Newsletter free of charge for an indefinite period, and the Subscriber agrees to provide the Provider with personal data;
- Consumer Rights Act - the Act of May 30, 2014, on consumer rights;
- Act on the Provision of Electronic Services - as defined in § 1, section 2 of the Terms and Conditions.
§ 3.
Technical Requirements
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To receive the Newsletter, the following are required:
- An Internet connection;
- Devices that allow the use of Internet resources;
- An internet browser that enables the display of hypertext documents on the device screen, connected to the Internet through the WWW service, supporting the JavaScript programming language, and accepting cookies;
- An active email account.
- Within the Service, Subscribers are prohibited from using viruses, bots, worms, or other computer codes, files, or programs, particularly those that automate scripts, applications, or other processes.
- The Provider informs that it uses cryptographic protection for electronic transfers and the Newsletter by applying appropriate logical, organizational, and technical measures. These measures include SSL encryption, access passwords, and antivirus or anti-malware programs, especially to prevent third parties from accessing the data.
- The Provider informs that despite the security measures mentioned in section 3 above, the use of the Internet and services provided electronically may be threatened by harmful software accessing the Subscriber’s IT system and device, or by third parties accessing data stored on that device. To minimize this risk, the Provider recommends using antivirus programs and measures to protect online identity.
§ 4.
General Rules
- The Subscriber is required to use the Newsletter in accordance with generally applicable laws, the provisions of the Terms and Conditions, and good practices.
- The provision of unlawful content by the Subscriber is strictly prohibited.
§ 5.
Newsletter Delivery Agreement
- To enter into a Newsletter Delivery Agreement, the Subscriber must provide the Provider with an email address and consent to receive the Newsletter, confirm they have read the Terms and Conditions and the Privacy Policy, and accept their provisions.
- The actions specified in section 1 above can be carried out in various ways, particularly by the Subscriber completing the electronic form provided on the Service.
- The Newsletter Delivery Agreement is entered into for an indefinite period.
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The Provider informs, and the Subscriber acknowledges, that:
- The delivered Newsletter will not be subject to subsequent updates.
- The frequency and dates of Newsletter delivery are not predetermined and depend on the current situation of the Provider.
- The Newsletter is delivered via email to the address provided by the Subscriber.
- The Subscriber may terminate the Newsletter Delivery Agreement at any time without giving any reason, with immediate effect. Furthermore, under Article 27 et seq. of the Consumer Rights Act, a Subscriber who is an Entrepreneur with Consumer Rights may withdraw from the Newsletter Delivery Agreement without giving any reason within 14 (fourteen) days of its conclusion.
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Withdrawal from or termination of the Newsletter Delivery Agreement, regardless of the basis for this action, requires the Subscriber to submit an appropriate statement to the Provider. This statement can be submitted by:
- The Subscriber clicking on the link to unsubscribe from the Newsletter, which is sent with each Newsletter;
- The Subscriber sending a statement of withdrawal from or termination of the Newsletter Delivery Agreement to the Provider via email. This statement may also be made using the form provided in Appendix 2 to the Consumer Rights Act.
- The Provider will cease delivering the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions specified in section 7 above.
§ 6.
Newsletter Complaints
- The provisions of this § 6 apply only to Subscribers who are Entrepreneurs with Consumer Rights.
- The Newsletter delivered to the Subscriber by the Provider must comply with the Newsletter Delivery Agreement at the time of delivery.
- The Provider is liable for any Non-compliance existing at the time of delivery of the Newsletter and revealed within 2 (two) years from that time.
- In the event of Non-compliance, the Subscriber may file a complaint requesting that the Newsletter be brought into compliance with the Newsletter Delivery Agreement.
- Complaints should be submitted via email to the address specified in § 1, section 4, point 1 of the Terms and Conditions.
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The complaint should include:
- The Subscriber’s full name
- Email address
- A description of the revealed Non-compliance
- A request to bring the Newsletter into compliance with the Newsletter Delivery Agreement
- The Provider may refuse to bring the Newsletter into compliance with the Newsletter Delivery Agreement if it is impossible or would incur excessive costs for the Provider.
- After reviewing the complaint, the Provider will respond to the Subscriber, stating that it:
- Accepts the complaint and specifies the planned date for bringing the Newsletter into compliance with the Newsletter Delivery Agreement
- Refuses to bring the Newsletter into compliance with the Newsletter Delivery Agreement for the reasons specified in section 7 above
- Rejects the complaint due to its lack of merit.
- The Provider will respond to the complaint via email within 14 (fourteen) days of receiving it.
- If the complaint is accepted, the Provider will, at its own cost, bring the Newsletter into compliance with the Newsletter Delivery Agreement within a reasonable time from the date of receiving the complaint and without excessive inconvenience to the Subscriber, considering the nature of the Newsletter and its intended purpose. The planned date for bringing the Newsletter into compliance with the Newsletter Delivery Agreement will be specified in the response to the complaint.
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In the event of Non-compliance, the Subscriber may submit a statement of withdrawal from the Agreement to the Provider if:
- It is impossible to bring the Newsletter into compliance with the Newsletter Delivery Agreement or it would incur excessive costs;
- The Provider has not brought the Newsletter into compliance with the Newsletter Delivery Agreement as specified in section 10 above;
- The Non-compliance persists despite the Provider’s attempts to bring the Newsletter into compliance with the Newsletter Delivery Agreement;
- The Non-compliance is significant enough to justify withdrawal from the Newsletter Delivery Agreement without prior request to the Provider to bring the Newsletter into compliance with the Newsletter Delivery Agreement;
- It is clear from the Provider’s statement or circumstances that the Provider will not bring the Newsletter into compliance with the Newsletter Delivery Agreement within a reasonable time or without excessive inconvenience to the Subscriber.
- The statement of withdrawal from the Agreement may be submitted via email to the address specified in § 1, section 4, point 1 of the Terms and Conditions.
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The statement of withdrawal from the Agreement should include:
- The Subscriber’s full name
- Email address
- The date the Newsletter was delivered
- A description of the revealed Non-compliance
- The reason for submitting the statement, chosen from the reasons specified in section 11 above
- A statement of withdrawal from the Agreement
- The Subscriber cannot withdraw from the Newsletter Delivery Agreement if the Non-compliance is insignificant.
- If the Subscriber withdraws from the Newsletter Delivery Agreement, the Provider will cease delivering the Newsletter immediately upon receiving the statement of withdrawal.
§ 7.
Personal Data Processing
Information about the processing of personal data by the Provider can be found in the Privacy Policy available at https://mapstic.com/en/privacy-policy/.
§ 8.
Amendment of Terms and Conditions
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The Provider may amend the Terms and Conditions in the following cases:
- Changes to the Provider’s information
- Changes to the Provider’s business activities
- The commencement of new services by the Provider, modifications to existing services, or the discontinuation of their provision
- Technical modifications to the Newsletter requiring adjustments to the provisions of the Terms and Conditions
- Legal obligations to make changes, including the need to adapt the Terms and Conditions to current legal requirements
- Subscribers will be informed of any changes to the Terms and Conditions by the publication of the revised version on the Service's website. Simultaneously, the revised version will be sent to Subscribers via email.
- A Subscriber who disagrees with the changes to the Terms and Conditions may terminate the Newsletter Delivery Agreement with immediate effect within 7 (seven) days of receiving the revised version via email. Failure to terminate the agreement will be considered as acceptance of the changes.
- Termination of the Newsletter Delivery Agreement is effected by the Subscriber submitting a statement of termination to the Provider. This statement can be sent via email to the address specified in § 1, section 4, point 1 of the Terms and Conditions.
- Immediately upon receiving the statement referred to in section 4 above, the Provider will cease delivering the Newsletter.
§ 10.
Final Provisions
- The governing law for the Terms and Conditions and the Newsletter Delivery Agreement is Polish law.
- The current version of the Terms and Conditions takes effect on June 13, 2024.