Posts:

In order to get necessary information about The Polish Law Collection, contact our office.

The Polish Law Collection contains Translations of 50 Polish Acts.

The Polish-English “PolTerm” Dictionary of Legal Terms with Definitions

 
 
Terms and Conditions
 

TERMS AND CONDITIONS FOROF USE
OF ‘THE POLISH LAW COLLECTION’ SITE
(hereinafter referred to as the PLC Site)
www.polishlaw.com.pl
applicable to agreements made
after 3 7 December January 20132014
Version 1/3 7 DecJan. ‘1314

§ 1. The PLC Site

1. The PLC Site is administered and operated by Translegis Publishing HouseTranslegis Publishing.

2. The content of the PLC Site is the intellectual property of Translegis Publishing HouseTranslegis Publishing.

3. The contents and functions of the content and the internal structure of the PLC Site are determined by Translegis Publishing HouseTranslegis Publishing; this includes the division of content into individual documents, and creation of sub-sets of documents with specific names. 

4. The PLC Site indicates both the date of the last update and the date of the state of law; these dates differ because they concern different facts and should not be equated. 

5. The content of the PLC Site is updated without delay on the basis of the relevant sources of knowledge, in particular the Polish official gazette Dziennik Ustaw. Translegis Publishing HouseTranslegis Publishing shall not accept any liability for losses caused by the information included in the Site’s content, because it is not an official source of law.

6. The content of the PLC Site, in particular translations of provisions of the Polish law into English cannot, in any case, be treated in the same way as the provisions in Polish, which is the official language of the bodies empowered to issue them. In case of doubts as to the meaning of a term, phrase, or sense of a fragment of text of the English translation, the meaning of the corresponding elements of the Polish source text of a given provision in Polish  shall prevail.

§ 2. Definitions 

 1. Translegis Publishing HouseTranslegis Publishing – publishing house based in Warsaw, entered in records of economic activity as Wydawnictwo Translegis Maciej Kierzkowski, under No. 216347, REGON statistical egon No. 002151430.

2. The PLC Site – site called ‘The Polish Law Collection’ which provides online access to English translations of provisions of the Polish law at www.polishlaw.com.pl, the content of which site is property of Translegis Publishing HouseTranslegis Publishing.

3. Content – full set of documents available on the PLC Site, divided into sub-sets of documents.

4. Sub-set of documents – set of documents separated from the full set of documents available on the PLC Site. 

5. Document – separate legal instrument, dictionary, or other element of content available on the PLC Site in digital form.

6. User – natural or legal person using the PLC Site and registered on the PLC Site pursuant to these Terms and Conditions of UseTerms and Conditions for Use.

7. Visitor – person not registered on the PLC Site, using free access.

8. Agreement – agreement between Translegis Publishing HouseTranslegis Publishing and the Customer, whose subject-matter is the provision of services, specifying in particular the rules and scope of access.

9. Customer – natural or legal person with an access agreement with Translegis Publishing HouseTranslegis Publishing.

10. Service – service provided by electronic means by Translegis Publishing HouseTranslegis Publishing, consisting in providing paid access on the conditions specified in the agreement.

11. License – authorization by Translegis Publishing HouseTranslegis Publishing to use specified content as part of the access granted under the agreement.

12. Consumer – a person defined as a consumer in the sense ascribed to the term by Art. 221 of the [Polish] Civil Code. 

13. Paid access – the permission, obtained upon payment of the relevant sum, to use specified content or documents on personal computers, in accordance with these Terms and Conditions of UseTerms and Conditions for Use. 

14. Free access – the permission to use a specified part of the content or documents free of charge.

15. Activation – paid access provided by Translegis Publishing HouseTranslegis Publishing.

16. Order – online transaction or declaration of the entity intending to enter into an Agreement, submitted on a form provided by Translegis Publishing HouseTranslegis Publishing, as to the contents of the agreement prepared by the publishing house as a result of individual arrangements, specifying the detailed conditions of the agreement entered into.

17. Station – computer or terminal with access in accordance with the provisions of the agreement.

18. Force majeure – a circumstance, accident, or event which is independent of the Party’s will and unforeseeable, such as a natural calamity being a result of forces of nature or disturbances of social life in the form of war, strike, riots or material damage and extensive technical failures.

19. Contact data of the Customer Service Office – data provided on www.polishlaw.com.pl website.

§ 3. Paid access

1. The User shall use the Content having logged on using their login and password. A given User shall accept the rules of use of the PLC Site, as specified in the Terms and Conditions of UseTerms and Conditions for Use in force at the given moment, upon the first use of the Content.

2. The User is identified by means of e-mail address. The login defined for each User on PLC Site cannot be used by any other person to log on to the PLC Site. The User can change their password and/or login.

3. The User’s login and password to use the PLC Site are determined during registration, the minimum requirements concerning password security being set forth by Translegis Publishing HouseTranslegis Publishing. The User should carefully define a secure password to access the PLC Site and not disclose it to any other persons. Translegis Publishing HouseTranslegis Publishing shall not be liable for the effects of the User disclosing the logon data to third parties.

4. Upon request by the User or Customer, Translegis Publishing HouseTranslegis Publishing shall change the login or assign a new password to the PLC Site.

5. Prior to registration, Translegis Publishing HouseTranslegis Publishing may verify the provided e-mail address and other data of the User. In case of User registration after the User provided untrue or fictitious data, or if the User failed to confirm the up-to-date character or accuracy of the data, or if Access was used at variance with the purpose for which it had been granted, in particular for commercial purposes, Translegis Publishing HouseTranslegis Publishing reserves the right to refuse or suspend Access to Content.

§ 4. Free access

1. Translegis Publishing HouseTranslegis Publishing shall provide free access on the conditions and within the scope defined by it.

2. Free access shall not involve the duty of registration or activation of a Visitor. 

3. Free access shall not be subject to time limitations. 

§ 5. Service Agreement

1. The Service Agreement is made for a definite period of time specified in the Order.

2. The Agreement shall be in force for a term starting on the day stated in the Agreement.

3. If the Agreement does not state the day from which its term shall be counted, the period shall start on the day of Activation by the Customer or the first User identified by the Customer, but no later than 3 days after entry into of the Agreement.

4. The Agreement shall be entered into upon delivery to Translegis Publishing HouseTranslegis Publishing of the duly signed  Order for access to specified content or upon the receipt by Translegis Publishing HouseTranslegis Publishing of the fee for it making available specified sets, subsets, or documents. Sending the Order to the facsimile number or e-mail address provided in the Order form or by another means agreed with Translegis Publishing HouseTranslegis Publishing shall be considered delivery of the Order.

5. Prior to concluding the Agreement, the Customer is obligated to read these Terms and Conditions of UseTerms and Conditions for Use and then adhere to theirits provisions having entered into the Agreement, in the wording in force on the day when the Agreement was concluded.

6. Upon entry into the Agreement the Service shall be activated forthwith.

7. Service Activation shall take place upon the activation link being used or upon Activation by Translegis Publishing HouseTranslegis Publishing. The Service shall start to be provided at the time of Activation.

8. The Agreement shall define the number of Stations for which access isf provided.

9. The Order shall define one or more Users by providing their particulars requested by Translegis Publishing HouseTranslegis Publishing.

10. The Customer shall ensure obtaining the User’s consent for Translegis Publishing HouseTranslegis Publishing to process their personal particulars, to the extent specified in these Terms and Conditions of UseTerms and Conditions for Use.

11. The Customer shall inform the User about contents of the Terms and Conditions of UseTerms and Conditions for Use and ensure that the User will adhere to the Terms and Conditions of UseTerms and Conditions for Use.

12. The Users identified by the Customer shall act in the Customer’s name and on the Customer’s behalf, within the scope of access rights determined for them. 

13. Installation on the User’s computer of the software offered by Translegis shall require approval of provisions of the license agreement in the process of software installation. Upon the Customer’s request, Translegis Publishing HouseTranslegis Publishing shall make contents of said license agreement available prior to entry into the Agreement.

14. Translegis Publishing HouseTranslegis Publishing may provide to the Customer or User specific space on the publishing house’s server for the Customer or Users to record data, including notes. The Customer or User shall be responsible for the compatibility of the recorded content to generally applicable laws. In addition, the Customer shall be liable for the content uploaded by the Customer’s Users.

15. Translegis Publishing HouseTranslegis Publishing shall not be liable for the possible loss of data (notes and other data) recorded by the Customer or User in the provided space on its server, including for loss of access to such data due to Agreement termination.

16. Neither Party shall be liable for failure to perform or improper performance of the obligations under the Agreement, to the extent to which said failure to perform or improper performance results from Force Majeure.

17. The provisions of these Terms and Conditions of UseTerms and Conditions for Use regulating the manner of entering into the Agreement shall apply accordingly to amendments of the Agreement.

§ 6. Technical requirements and Access guarantees

1. Obtaining Access shall be conditional upon the User meeting the following technical requirements:

a) Internet access,

b) individual e-mail account, for the purpose of User identification,

c) web browser, screen resolution and additional components, the minimum requirements for which are defined on www.polishlaw.com.pl website.

2. Translegis Publishing HouseTranslegis Publishing shall guarantee Access at the time and on the conditions specified in the Agreement, 24/24, 7/7, except for:

a) periods resulting from restrictions in Internet access imposed by the operator of the network used by the Customer,

b) periods of failures being the result of acts or omissions of entities or third parties for which Translegis Publishing HouseTranslegis Publishing is not liable (e.g. power grid failure),

c) periods of maintenance of hardware and software, but not exceeding 12 hours in total per month.

§ 7. License

1. Translegis Publishing HouseTranslegis Publishing granting Access shall be tantamount to granting the License. 

2. Unless the Agreement provides otherwise, the License shall give the right to use the part of Content specified in the Agreement, including in profit-gaining and professional activities.

3. The License is a paid, nonexclusive one, without the right to grant sublicenses, and shall be valid for a specified period, equal to the term of the Agreement.

4. Unless the Agreement specifies otherwise, the License shall cover authorization for the Customer or Users identified by the Customer to use Content on the number of Stations specified in the Agreement.

5. The authorization resulting from the License shall not include the right to perform any of the following activities: 

a) adaptation, customization, change of layout or any other changes in the Licensee’s software, except for activities which consist in testing the software and achieving cooperation using the methods and in the scope to which universally applicable laws permit such activities;

b) copying, fixing, disseminating Documents or database, or their fragments, except for copying, fixing, or disseminating individual Documents or their parts to the extent justified by the needs of the Customer’s activity;

c) providing access to Content to third parties, including making the password available to third parties;

d) decompiling, disassembling or otherwise obtaining information about the internal structure or principles of operation of software of Translegis Publishing HouseTranslegis Publishing;

e) fixing and reproducing the data downloaded from the  PLC Site, except for preparing printouts and records only for the Customer’s own needs, to the extent justified by the needs of the Customer’s activity;

f) fixing and reproducing by means of any technique, trading in fixed copies, and dissemination in any method whatsoever or works or fragments of works in which copyright is held by Translegis Publishing HouseTranslegis Publishing, as well as the selection, layout and specification of contents of the PLC Site.

8. Performing the activities specified in para. 7 without express consent of Translegis Publishing HouseTranslegis Publishing shall be infringement of exclusive rights of Translegis Publishing HouseTranslegis Publishing and may result in legal liability of the person performing such activities.

§ 8. Customer complaints

1. The Customer shall have the right to file customer complaints relating to Service provision. 

2. Customer complaints should be filed by electronic means, by facsimile, or in writing.

3. The subject-matter of a customer complaint may be the allegation that Translegis Publishing HouseTranslegis Publishing provides Services at variance with the conditions and rules specified in the Agreement.

4. A customer complaint shall contain a brief description of the objections and comments and the particulars of the Customer or, where relevant, the User identified by the Customer. 

5. The customer complaint shall be examined within 14 days fromof the moment of submission to Translegis Publishing HouseTranslegis Publishing of all the data necessary to analyzse the validity of the complaint. Where necessary, Translegis Publishing HouseTranslegis Publishing shall ask the complaint sender to complete the data in the complaint. 

6. If it is impossible to examine the complaint within the time limit specified in para. 5, Translegis Publishing HouseTranslegis Publishing shall inform the sender about it, stating the reason for extension of the time limit and the anticipated time of answer.

7. If the party to the agreement is a Consumer, the following rules shall apply as well: 

a) the customer complaint can also concern the alleged mistaken calculation of the amount due for the provided Service; 

b) the Customer can file the complaint in writing, by phone, facsimile, by electronic means, or orally to be recorded on the premises of Translegis Publishing HouseTranslegis Publishing;

c) the day of filing the customer complaint made: 

– in writing – shall be assumed to be the date when the complaint is received at the mailing address of Translegis Publishing HouseTranslegis Publishing; 

– by phone – shall be assumed to be the date when the phone report is accepted by an employee of Translegis Publishing HouseTranslegis Publishing; 

– by facsimile – shall be assumed to be the date when a complaint is received at the facsimile number; 

– by electronic means – shall be assumed to be the date indicated in the confirmation of receipt of e-mail;

– orally to be recorded – shall be assumed to be the date when the record is drawn; 

d) after filing the complaint, the Customer shall receive a written confirmation of its filing not later than within 7 days. In case of customer complaint having been granted earlier in accordance with the Customer’s request, Translegis Publishing HouseTranslegis Publishing shall be freed from the duty to confirm its filing;

e) the Customer’s obligation to pay a sum due which might be questioned by the Customer shall be suspended from the time of filing the customer complaint meeting the requirements specified above until the moment of its examination;

f) Translegis Publishing HouseTranslegis Publishing shall answer the customer complaint in writing no later than within 21 days of the date of its receipt. Lack of an answer within the aforementioned time limit shall be considered as the complaint being granted in accordance with the Customer’s request;

g) the Customer shall be entitled to refer the matter being the subject-matter of the complaint to a general court, regardless of the course and result of the complaint procedure.

h) if the customer complaint is granted, Translegis Publishing HouseTranslegis Publishing shall satisfy any recognized Customer’s claims no later than within 14 days of answering the customer complaint. 

8. Telephone and address data of Translegis Publishing HouseTranslegis Publishing for the purposes of handling customer complaints are provided on www.polishlaw.com.pl. 

§ 9. Personal data protection

1. By submitting the Order, registering on the PLC Site and starting the actual use of it, the Customer or the User expresses their consent for Translegis Publishing HouseTranslegis Publishing to process their data, including personal data, in accordance with the statement include in the Order or User registration card. The Customer shall ensure consent of its Users for processing of their personal data by Translegis Publishing HouseTranslegis Publishing and not hold it liableharmless forrom any claims relating to processing of these User’s data, unless the processing is done at variance with the rules specified in these Terms and Conditions of UseTerms and Conditions for Use.

2. As the administrator of a collection of personal data, Translegis Publishing HouseTranslegis Publishing assures that personal data will be processed in accordance with the rules set forth in the Act of 29 August 1997 on Personal Data Protection (consolidated text Dz.U. of 2002, No. 101, item 926), exclusively for the purposes specified in para. 1. 

3. In the cases and according to the rules set forth in the generally applicable laws, the Customer or the User shall have the right to request supplementing, updating, rectifying personal data, suspending or stopping their processing, or removal of the same, if they are incomplete, not up-to-date, untrue or were collected in violation of the law, or are no longer necessary for achieving the purpose for which they were collected, as well as the right to claim that processing of his/her personal data be stopped.

§ 10. Remuneration and payments

1. For the provision of Services, Translegis Publishing HouseTranslegis Publishing shall be entitled to the remuneration specified in the Agreement.

2. Barring any special arrangements in the Agreement relating to remuneration, the rates fixed in the currently applicable offering of Translegis Publishing HouseTranslegis Publishing shall apply.

3. Translegis Publishing HouseTranslegis Publishing shall publish on www.polishlaw.com.pl information about the currently applicable remuneration for Access to Documents.

4. Conclusion of the Agreement shall not give rise to the claim on the Customer’s part for Translegis Publishing HouseTranslegis Publishing to maintain the remuneration for obtaining Access to Content not covered by the Agreement at the level applicable on the day when the Agreement was concluded.

5. VAT invoices of Translegis Publishing HouseTranslegis Publishing shall be issued and delivered within the time limit provided for in the law. The Customer shall provide all data required by the law as necessary for the issue and delivery of the invoice to the Customer. 

6. The Customer shall be obligated to make payments for the Service in the amounts and within the time limits specified in the Agreement.

7. In case of thirty-day delay in the payment of due and payable receivables of Translegis Publishing HouseTranslegis Publishing under the Agreement, Translegis Publishing HouseTranslegis Publishing shall have the right to suspend providing any Services under the Agreement, unless the Customer is a Consumer. Resumption of Service provision shall be conditional upon payment of the overdue sum with the accrued default interest.

§ 11. Agreement dissolution

1. Pursuant to the Act of 2 March 2000 on Protection of Certain Consumer Rights and Liability for Damage Inflicted by Dangerous Products, a Customer who is a Consumer may, when entering into a distance agreement, withdraw from the Agreement within 10 days without stating the reasons, by making a relevant declaration in writing, provided that no Activation took place by that time.

2. If a Customer other than a Consumer infringes the provisions of the Terms and Conditions of UseTerms and Conditions for Use, including the conditions of License or copyright of Translegis Publishing HouseTranslegis Publishing in the database or software, the publishing house may terminate the agreement with immediate effect.

3. If the Customer has the status of a Consumer, Translegis Publishing HouseTranslegis Publishing may terminate the agreement with immediate effect in case of violation of the conditions of License or thirty-day delay in the payment of receivables under the Agreement and failure to pay them despite an additional written request for payment, including notice of the intention to terminate the Agreement upon ineffective lapse of an additional period of 14-days for the payment of overdue and current receivables.

§ 12. Amendments to Terms and Conditions of UseTerms and Conditions for Use

1. Translegis Publishing HouseTranslegis Publishing shall notify the Customer of any amendments to the Terms and Conditions of UseTerms and Conditions for Use at least 14 days in advance by electronic means to the e-mail address or by post.

2. In case of an amendment to the Terms and Conditions of UseTerms and Conditions for Use, the Customer shall be entitled to terminate the Agreement upon one month’s notice, effective at the end of a calendar month. The notice shall be considered as validly submitted only if it is delivered to Translegis Publishing HouseTranslegis Publishing in writing within 14 days of the day when information about amendments to the Terms and Conditions of UseTerms and Conditions for Use was delivered the Customer, with an indication of the amendments or with the Terms and Conditions of UseTerms and Conditions for Use in the new wording being delivered.

3. Amendments to the Terms and Conditions of UseTerms and Conditions for Use shall enter into force upon the lapse of 14 days of the day when information about amendments to the Terms and Conditions of UseTerms and Conditions for Use was delivered to the Customer, with an indication of the amendments or with or the Terms and Conditions of UseTerms and Conditions for Use in the new wording being delivered pursuant to para. 1, unless a longer time limit results from the contents of said information.

4. If the party to the Agreement is a Consumer, with regard to amendments to the Terms and Conditions of UseTerms and Conditions for Use, the following provisions shall take precedence over the remaining provisions of the Terms and Conditions of UseTerms and Conditions for Use to the extent of amendments to them: 

a) Translegis Publishing HouseTranslegis Publishing shall notify the Customer of every planned amendment to the Terms and Conditions of UseTerms and Conditions for Use at least one month before the entry into force of these amendments, sending the information about amendments to the Terms and Conditions of UseTerms and Conditions for Use, with an indication of the amendments or with the Terms and Conditions of UseTerms and Conditions for Use in the new wording being delivered.

b) A Customer who does not accept the planned amendments to the Terms and Conditions of UseTerms and Conditions for Use may terminate the agreement with immediate effect. The notice shall be considered as validly submitted only if it is delivered to Translegis Publishing HouseTranslegis Publishing in writing within 21 days of the day when information about amendments to the Terms and Conditions of UseTerms and Conditions for Use was delivered the Customer pursuant to item a). In case of exercising the right referred to in the preceding sentence, the Customer shall pay to Translegis Publishing HouseTranslegis Publishing only part of the remuneration corresponding to the period when the Service was actually provided to them. A sum overpaid by the Customer shall be refunded no later than within 14 days of the day of delivery to Translegis Publishing HouseTranslegis Publishing of the Customer’s notice of termination of the Agreement. Refund shall be made to the bank account or address indicated by the Customer in writing. To the extent of the Customer exercising the right referred to in this item, Translegis Publishing HouseTranslegis Publishing shall not be entitled to any claims against the Customer. 

c) The Customer cannot exercise the right referred to in item b) when the need to amend the Terms and Conditions of UseTerms and Conditions for Use results directly from amendments to provisions of law, including removal of prohibited contractual clauses.

d) If the Customer fails to exercise the right enjoyed by them and terminate the Agreement 21 days of the day when the Customer was notified of the planned amendments, they shall be bound by the provisions of the amended Terms and Conditions of UseTerms and Conditions for Use, starting from the day when they enter into force. Amendments to the Terms and Conditions of UseTerms and Conditions for Use shall enter into force on the day indicated by Translegis Publishing HouseTranslegis Publishing.

§ 13. Final provisions

1. The Terms and Conditions of UseTerms and Conditions for Use are available gratuitously on the premises of Translegis Publishing HouseTranslegis Publishing, as well as on www.polishlaw.com.pl website. This shall also apply to any amendments to the Terms and Conditions of UseTerms and Conditions for Use. 

2. In case of a conflict between the provisions of these Terms and Conditions of UseTerms and Conditions for Use and the provisions contained in the Order, the latter shall take precedence.

3. Amendments to the Agreement shall be invalid unless made in writing, except when these Terms and Conditions of UseTerms and Conditions for Use provide otherwise.

4. Neither Party can, without obtaining the other Party’s prior written consent, transfer the rights and duties under the Agreement to a third party. 

5. Irrespective of any other provisions of these Terms and Conditions of UseTerms and Conditions for Use, Translegis Publishing HouseTranslegis Publishing shall not be liable for losses resulting from: 

a) the Content being used at variance with the Agreement; 

b) third parties gaining access to the Customer’s or User’s login and password, unless this was caused by a fault of Translegis Publishing HouseTranslegis Publishing; 

c) loss of data caused by faults of devices, system failures or other circumstances beyond the control of Translegis Publishing HouseTranslegis Publishing.

6. The provisions of para. 4 shall not apply if the party to the Agreement is an entity having the status of a Consumer.

7. If individual provisions of these Terms and Conditions of UseTerms and Conditions for Use are inconsistent with the currently applicable register of prohibited clauses kept by the President of the Office of Competition and Consumer Protection [UOKiK], these provisions shall not apply to Consumers.

8. In matters not regulated by these Terms and Conditions of UseTerms and Conditions for Use provisions of the Polish law shall apply.