Website Terms Use

https://ecommerce.cloudflight.io/

This Website Terms Use apply to the website at https://ecommerce.cloudflight.io/ ("Website"). YOUR USE OF WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE WEBSITE TERMS USE; IF YOU DO NOT AGREE TO THEM, DO NOT USE THE WEBSITE.

1. Website

Website is provided by Divante S.A. with it’s registered office in Wroclaw, ul. Legnicka, 53-673 Wrocław, Poland, entered into the Register of Entrepreneurs kept by the District Court for the Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number 0000875316, NIP (tax ID) 8951930748, with the share capital of PLN 100,000.00 ZŁ (“Service Provider”), which may be contacted by sending a message to the following e-mail address: hello@divante.com.
The services provided electronically on the website (“Electronic Services”) may be used by a natural person or a legal person acting through an authorized person, or an organizational unit without legal personality, to which legal capacity is granted by law, with total legal capacity (“User”).

2. Website Terms Use

These website terms use (“Website Terms Use”) set forth the terms, scope, and conditions of the Electronic Services by Users, and further:
1. conditions of conclusion and termination of the Agreement on Provision of Electronic Services and the Agreement for the provision of digital content,
2. terms and conditions for the provision of the Electronic Services;
3. rules for filing and investigating complaints,
4. Service Provider’s liability rules.
Before using the Electronic Services, the User must read the Website Terms Use and the Privacy Policy. The User must accept the Website Terms Use to use the Electronic Services.
The Website Terms Use are made available free of charge via the website in a manner that allows obtaining, reproducing, and recording the content of the document using a teleinformatic system used by the User.

3. Technical conditions

1. It is necessary to use a device communicating with the Internet and equipped with a web browser to use the Electronic Services.
2. The minimum technical requirements to use the Electronic Services are:
  1. the installed and current operating system on the device,
  2. an updated web browser,
  3. stable internet connection,
  4. active e-mail account.
3. Service Provider is not a Provider of data transmission or telecommunication services. All costs associated with data transmission services or telecommunication services required for the Electronic Services shall be borne solely by the User under separate agreements concluded by the User with these services providers.
4. Service Provider informs that the public nature of the Internet and the conclusion of agreements for the use of the Electronic Services may be associated with the legal risks arising from the use of the Internet, including the threat of obtaining, appropriating, or modifying User’s data by unauthorized persons. Consequently, the User should use appropriate technical measures to minimize the risk, including antivirus programs or protect the identity of persons using the Internet.

4. Electronic Services

1. The Electronic Services provided on the Website consist of:
  1. a contact form through which the User may contact with Service Provider about Service Provider’s offer (“Offering Form”);
  2. sending by the Service Provider at periods selected by the Service Provider to the e-mail address of the User a newsletter containing business or developer information (“Newsletter”);
  3. downloadable online business materials (“Ebook”);
  4. publishing informative content on the Website ("Blog"),
2. The use of Electronic Services is free of charge.
3. Subject to other express provisions of the Website Terms Use, Electronic Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the User, unless otherwise specified in the Website Terms Use.
4. The place of providing the Electronic Services is the territory of the Republic of Poland.
5. Electronic Services Agreement is concluded in the English language.

5. OFFERING Form

1. Through the Contact, the User may contact the Service Provider in order to get the offer about Service Provider’s offer.
2. The Electronic Service Agreement is concluded when the User enters the appropriate required data indicated on the Website and sends it to the Service Provider by using the button “Submit” or similar.
3. The Sales Form is not continuous service. Upon delivery of data to the Service Provider, the Agreement is completed.

6. Newsletter

1. The Newsletter service is possible after the User provides his/her e-mail address in the appropriate field on the Website and accept the Website Terms Use.
2. In order to receive the Newsletter, the User is not obliged to provide any consideration other than providing personal data in the form of e-mail address.
3. The User may subscribe to the Newsletter 24 (twenty-four) hours a day, 7 (seven) days a week.
4. The Newsletter Service Agreement is concluded when the User sends his/her data to Service Provider by using the button “Sign up”.
5. Subscribing to the Newsletter is understood as consent to receive commercial information regarding the Service Provider, in accordance with Article 10 of July 18, 2002 on the provision of electronic services.
6. The Newsletter Service Agreement qualified as the Agreement for the provision of digital content in accordance with the Polish Consumer Rights Act of May 30, 2014.
7. The Newsletter is provided continuously, for an indefinite period.
8. The Newsletter is sent in electronic form to the address indicated in the registration form used for subscribing to the above described Newsletter, upon to the User request.
9. The Service Provider shall endeavor to deliver the Newsletter at least once a month, but the Newsletter is not delivered to Users on a regular basis. The timing of delivery of the Newsletter to Users is determined by the Service Provider.
10. The Newsletter may contain links redirecting to other, external websites provided by other entities. The User is obliged to comply with the terms and conditions of these websites. The Service Provider is not responsible for these websites.
11. Sign up to the Newsletter constitutes reading and understanding of the Privacy Policy.
12. The User may withdraw from the Newsletter Service Agreement without giving any reason, within 14 (fourteen) days from the date of its conclusion. Also the User may terminate Newsletter Service Agreement at any time and without giving any reason, with immediate effect.
13. In order to withdraw or terminate the Newsletter Service Agreement the User should send an email to the Service Provider's email address: hello@divante.com or using the “Unsubscribe” button contained in each email sent within the Newsletter.
14. The Service Provider may terminate the Newsletter Service Agreement at any time, upon 14 days’ notice, of which the User will be informed via e-mail.
15. The Service Provider may terminate the Newsletter Service Agreement with immediate effect for important reasons, which does not require prior notification of the User by the Service Provider, i.e. in case of:
  1. violation by the User of the provisions of generally applicable law or the Website Terms Use,
  2. provision by the User of erroneous or false data or provision of data of third parties,
  3. when the User takes actions that interfere with the functioning of the Website or Electronic Services,
  4. when the User uses the Electronic Services to send illegal content or violates or attempts to violate the technical security of the Electronic Services;
  5. in case of inactivity of the User for a period of one year, including non-opening of messages by the User.

7. E-book

The service provider provides an E-books - downloadable online business materials.
In order to download an E-book, the User is not obliged to provide any services other than providing personal information indicated in the download form.
In order to download an E-book, the User fills out a dedicated form, providing his/her personal information and sends it to the Service Provider using the "Get the book” button or similar.
The Agreement for downloading an E-book is not continuous. Upon delivery of data to the Service Provider and download of E-book by the Users, the Agreement is completed.
The Service Provider will send the user information about similar materials offered by the Service Provider in the future, which is in accordance with the User's request.

8. BLOG

The Service Provider publishes informative content within the Blog in the field of in particular of eCommerce and Service Provider’s news.
In order to read the Blog, the User is not required to provide any services other than providing personal information contained in cookies, if the User has consented to the use of cookies.
The User has the ability to stop browsing the Blog at any time and without giving any reason by closing the Internet browser or the Website.
There may be links within the Blog and Website that redirect to other websites. The Service Provider is not responsible for the content available there, and the User is obliged to apply the rules and policies applicable there.

9. Personal Information

The Service Provider is the Controller of the personal data processed in connection with the use of Electronic Services.
Personal Data is processed for the purposes, to the extent and based on the grounds and principles indicated in Privacy Policy.
Due to the international nature of the capital group to which the Service Provider belongs, data necessary to provide Electronic Services will be transferred to other company from the Cloudflight Capital Group e.g. Cloudflight GmbH, Sappho zweiundzwansigste Holding GmbH, Cloudflight Austria GmbH, Cloudflight Romania Srl, Divante S.A., Brand Active sp. z.o.o, Cloudflight Netherlands B.V., Cloudflight Germany GmbH). All companies from capital group are registered offices in the European Economic Area.

10. Service Provider’s liability and the User’s obligations

To the extent permitted by law, Service Provider is not responsible for:
1. Acts and omissions of telecommunications carriers and service Providers used by the User to access to the Electronic Services,
2. interruptions or difficulties in access to the Electronic Services caused by necessary technical interruptions, failures of telecommunication connections, or caused by force majeure,
3. the User’s actions which are inconsistent with the Website Terms Use, including damage caused to third parties as a result of the use by the User of Electronic Services in a manner contrary to the Website Terms Use and the law,
4. provision of third parties’ data by the User during the use of Electronic Service,
5. consequences of the User providing false, incomplete or incorrect data in the form, or for non-delivery of the Electronic Services for other reasons attributable to the User, e.g. overflowing mailbox.
6. inability or difficulty in using the Electronic Service due to non-fulfillment the technical requirements specified in the Website Terms Use.
The User is obliged in particular to:
1. provide the Service Provider only with accurate, current, and all necessary data of the User;
2. promptly update the data provided to the Service Provider in connection with the conclusion of the agreement;
3. use the Electronic Services offered by the Service Provider in a manner consistent with applicable law and without infringing on third parties’ rights, by the provisions of the Website Terms Use, as well as with customary practice and rules of social coexistence, in particular by not providing unlawful content;
4. use Electronic Services and the Website in a manner that does not interfere with their functioning,
5. respect Service Provider’s rights, including copyrights and intellectual property rights, to the website and materials published on the website,
6. refrain from transferring third-party data, including personal data.

11. Complaints

In matters related to the provision of Electronic Services, the User has the right to file a complaint.
The Service Provider is responsible to the User for the compliance of the digital content provided as part of the Newsletter or Ebook, in accordance with Chapter 5b of the Polish Law on Consumer Rights (Article 43a-43g). If the digital content is inconsistent with the Website Terms Use, the User may demand that the digital content be brought into compliance with the Website Terms Use as part of a complaint. The Service Provider is liable for any non-compliance with the agreement that existed at the time of delivery of the digital content and became apparent within two years from that moment. A lack of conformity which becomes apparent within one year of the supply of digital content is presumed to have existed at the time of its supply.
The complaint should include at least the following information: (i) User’s first and last name, (ii) User’s e-mail address, (iii) description of circumstances justifying the complaint, (iv) User’s demand.
If the complaint does not contain the data indicated in 11.2. above, the Service Provider may request the User to complete the data. If the data are not met, the complaint cannot be investigated by the Service Provider.
Complaints may be directed to the Service Provider’s address, i.e., Divante S.A. with its registered office in Wroclaw, ul. Legnicka, 53-673 Wrocław, marked “Complaint,” or to the following e-mail address: hello@divante.com.
The Service Provider will recognize complaints within 14 days from its receipt. The Service Provider will inform about the method of processing the complaint corresponding to the practice of filing a complaint.
If the complaint is accepted, the Service Provider brings the digital content into compliance with the agreement within a reasonable time from the moment it was informed about the lack of compliance and without excessive inconvenience to the User. The Service Provider may refuse to bring the digital content into compliance with the agreement if it is impossible or would require excessive costs for the Service Provider.
If the digital content is inconsistent with the agreement, the User may submit a declaration of withdrawal from the agreement, in accordance with Section 6.12 when:
1. bringing the digital content into compliance with the agreement is impossible or requires excessive costs,
2. The Service Provider failed to make the digital content compliant with the agreement,
3. the non-compliance of the digital content with the agreement continues, even though the Service Provider has tried to bring it into compliance with the agreement,
4. the lack of compliance of the digital content with the agreement is so significant that it justifies withdrawal from the agreement without prior application of the security measure specified in point 11.2. sentence 2 of the Website Terms Use,
5. it follows from the Service Provider's statement or circumstances that it will not bring the digital content into compliance with the agreement within a reasonable time or without excessive inconvenience to the User.

12. Intellectual property rights

All rights to the Website and the digital content provided as part of the Electronic Services, belong to the Service Provider. Such content may constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights or constitute registered trademarks and are subject to legal protection.
The Service Provider grants the User a non-exclusive, territorially unlimited and non-transferable license, without the right to grant sublicenses to use the digital content, for an indefinite period of time.
The User is authorized to use the digital content and other materials provided by the Service Provider exclusively for his/her own use for educational purposes only, for the entire duration of the license, in the following fields of exploitation:
1. storage of digital content by digital technique on the User's device,
2. printing of digital content available in written form.
It is prohibited:
1. fixation, recording or other forms of copying of digital content,
2. presentation and sharing of digital content with third parties,
3. selling, renting or lending digital content to third parties.

13. Final Provisions

The Service Provider is entitled to make changes to the Website Terms Use for important reasons, in particular in the case of changes in the conditions of provision of Electronic Services, suspension of the provision of Electronic Services or their liquidation in whole or in part, as well as in the case of changes in legal regulations in the scope influencing the realization of the provisions of the Website Terms Use.
In the case of non-continuous Electronic Services, the change in the Website Terms Use is effective from the moment of their publication on the Website.
In the case of continuous Electronic Services, e.g. Newsletter and Online Academy, the amendment of the Website Terms Use shall come into force after 14 days from the moment of informing the User about the changes and making the amended Website Terms Use available. If the User does not accept the changes to this Website Terms, he/she should immediately, no later than 14 days from the date of announcement of the changes, terminate the Electronic Services Agreement in accordance with Website Terms Use.
If the change of digital content significantly or negatively affects the User's access to digital content, the Service Provider will inform the User in advance on a durable medium about the type and date of the change. In this case, the User will be able to terminate the Electronic Services Agreements without notice within 30 days from the date of the change or notification of the change, if the notification was later than the change.
The laws of Poland shall govern the obligations arising from these Website Terms Use, and the applicable Polish ordinary courts shall settle any disputes.
In matters not regulated by these Website Terms Use, provisions of Polish law shall apply, in particular the Act on Consumer Rights and requirements of the Civil Code.
The User, a consumer, may use the out-of-court complaint and redress procedures. Disputes regarding agreements concluded via the Internet may be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or through an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use other out-of-court dispute resolution methods and, e.g., file his/her complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
The Website Terms Use shall enter into force on 10th of May 2024.