Regulations of the portal Luxury Certificate

I. Definitions

For the purposes of these Regulations, it is assumed that the following terms shall have the following meanings:

  1. Owner – Luxury Products Cylwik General Partnership / Spółka Jawna/, based in Białystok at ul. Marczukowska 6, 15-742 Białystok, whose registration files are stored in the District Court in Białystok, XII Commercial Division of the National Court Register, entered in the entrepreneurs register under the number KRS 0000516574, having a tax identification number /NIP/ 5423238705 and a business activity number /REGON/ number 200869111; phone: + 48 730 877 777, e-mail address: office@luxurycertificate.com
  2. Portal – an internet website Luxury Certificate made available to the Users with the address URL luxurycertificate.com whose Owner and Administrator is Luxury Products Cylwik Spółka Jawna, making a part of an ICT system;
  3. Providing Services via an electronic manner – performing a Portal by the Portal Provider without the simultaneous presence of the parties (remotely), through the transfer of data at the Client’s individual request, sent and received using the devices for electronic data processing and storage; the Portal is entirely transmitted, received or broadcasted using telecommunications network within the meaning of the Act of 16 July 2006 on Telecommunications Law.
  4. ICT system –a group of mutually cooperating devices and software providing processing and storage, as well as sending and receiving data via telecommunications networks by using appropriate for the type of network terminal equipment within the meaning of the Act of 16 July 2004 on Telecommunications Law (a consolidated text Journal of Laws of 2014 item 243, as amended.), including the Portal;
  5. Portal Services – the services available through the Portal provided electronically by the Owner in accordance with the provisions of the Act of 18 July 2002 on the provision of electronic Services (Journal of Laws of 2013.1422 as amended.); Services of the Portal are made on behalf of the User free of charge and payable; based on transferring data; Services of the Portal, available after completion of the verification process and joining the Luxury Certificate Program include:
    1. User's Card – connected with the use of, provided by the Portal, the server space and adding Materials to the created User’s Card, its creation, maintenance and modification,
    2. Photo Gallery - allows presenting User’s photos
    3. Multimedia - associated with presenting User’s videos, it allows posting all kinds of audio-visual Materials aimed at promoting the User,
    4. Articles – allows for presenting User’s articles describing its services or products regarding the User’s business operations,
    5. Profile - functionality that allows the presentation of the contact details of the User and marking a location on a Google Map,
    6. Recommendations - allows sharing opinions about the User,
    7. Partners - allows the presentation of a list of User’s business partners,
    8. Contact - allows the presentation of the details of persons authorized to contact on behalf of the User,
    9. Certificate – a tab that presents a Certificate received by the User together with its date of obtaining and justification of its obtaining, in addition, the opinions of people using the User’s Services
    10. Cooperation - the opportunity to submit information regarding the User’s needs, including a search for new distributors or associates
    11. Call-to-action Button – allows inserting any text and redirecting to the website selected by the User.
    12. Feedback Form – a selected information tool made available to the Opinion Maker within the Portal that enables to make a Feedback, located in the Certificate tab
    13. Feedback - information of the Opinion Maker about the User having the descriptive form, of a positive nature (recommending The User) or a negative one and having a graphic form that allows evaluating the User on a scale from 1 to 5 stars.
    14. Additionally, the Portal provides:
      1. Information Services - making the content available at the user’s individual request by displaying a specific page URL,
      2. Advertising Services - issue of advertising materials on the Portal at the order of the Partners and Users,
      3. Other, related to the activities of the Portal.
    15. User – any natural person who turned 18 years of age and has a full legal capacity, any legal person or an organizational unit without legal personality, which, under other provisions acquired legal personality performing legal actions directly related to its trade, being an entrepreneur who uses the Services provided via an electronic manner, i.e. uses the Portal and Services provided by it; is obliged to follow the provisions of the Regulations.
    16. Opinion Maker - each entity using the functionality of Feedback Form (in particular, an individual person who is a consumer), not having the status of being a User. The rules regarding the possibility of making the Feedback and the rights and obligations of the Opinion Maker are in Appendix 6 to the Regulations - System of Feedback.
    17. Portal Devices – computers and telecommunications equipment enabling the implementation of data transmission and Internet access, which the Owner uses to provide the Services of the Portal.
    18. Data transmission – the transfer by the Owner through the Portal, at the individual request of the User, the data described in the Exhibit or the files with the Form or the Application in order to initiate the verification process to the program Luxury Certificate;
    19. Disk space - space (measured in MB) allocated for User’s data, including the User’s Card, which are placed in the memory storage of the Portal Devices and available through the server belonging to the Owner.
    20. Materials - information (including, advertising, logos, documents, images, photos, videos, websites, articles) and any other content that is stored and transmitted in connection with use of the Services of the Portal and with using the Portal Devices.
    21. User’s Card - a collection of information and Materials stored by the User within the Drive Space and provided by it via the Internet.
    22. Partner of the Portal - an entity cooperating with the Owner on the basis of separate agreements for presenting advertisements in the Portal or the cooperation necessary for the proper functioning of the Portal.
    23. Application - the transfer of specific data and information by the applicant for the title of the User in order to initiate the verification process to the program Luxury Certificate in the Portal using the Form.
    24. The Form - online form used by the Owner of the Portal allowing the User to transfer to the data to the Owner, including personal details necessary to initiate the verification process to the program Luxury Certificate.
    25. Contact Form - online form used by the Owner of the Portal allowing the User to contact the Owner, allowing the submission of questions or statements by the User.
    26. Administration panel - the area available to the User in the Portal; containing its personal details and contact information and information about the activities within the Portal; available after completing the Form, the completion of the verification process and joining the Luxury Certificate Program; the access is possible after entering the correct e-mail and a Password; User’s Panel enables full use of the Services of the Portal within the Subscription.
    27. Activation – approval of the activities performed in the Portal.
    28. Subscription - paid right to use certain Services of the Portal;
    29. Subscription fee – a charge paid by the User to the Owner of the Portal as remuneration for the provision of Services of the Portal in a given accounting period; 21.
  1. Pricing list of Portal Services - effective Pricing list of Portal Services including the list of Portal Services, duration of the agreement, included in Exhibit 1 to the Regulations - Pricing List of the Portal.
  2. Bank transfer – a payment made by the User in the bank through the internet account or a stationary account or at the post office.
  3. Working days - days of the week from Monday to Friday, excluding public holidays.
  4. The agreement for the provision of Services on the website http://luxurycertificate.com - an agreement regarding the conditions for the provision of certain Services for remuneration concluded between the Owner of the Portal and the entity that received the Certificate - Luxury Certificate and commenced Luxury Certificate Program.
  5. Regulations - this document drawn up by the Owner, generally available on the Portal Website and at the headquarters of the Owner specifying the rules of provision by the Owner to the Users of the Portal Services and rules for the use of the Portal, the rights and obligations of the User; aims at providing a lawful and orderly use of the Portal by the User hereinafter referred to as the "Regulations", defines in particular:
    1. conditions for concluding and terminating the Agreements for the provision of electronic Services;
    2. the types and scope of Services provided electronically;
    3. the terms of the provision of Services electronically, including:
      - technical requirements for the provision of Services electronically,
      - ban on the provision by the Client with illegal content;
    4. a way of protecting personal data;
    5. complaint procedures.

II. General Provisions

  1. The user is obliged to familiarize with the Terms of the Regulations. The Regulations is made available free of charge at the website www.luxurycertificate.com in a way that allows obtaining, reproducing and consolidating its content via the ICT system used by the User.
  2. The commencement of using by the User of the Portal constitutes acceptance of the provisions of the Regulations. Transferring data by the Client requires the express approval of the Regulations by checking the appropriate box in the Form.
  3. The user may at any time terminate the use of the Portal.
  4. In case of sending data by the User through the Portal, providing electronic Services can take place only after accepting the Regulations in the Portal by the User.
  5. The Portal Owner grants the User, on the terms described in the Regulations, an access to the Portal that in an automated manner using created for this purpose information technology provides Services according to the Subscription.
  6. The Portal Owner does not exercise editorial and actual control and does not carry out monitoring activities for the Materials placed by the User. The Owner is not also responsible for the information made available via the Internet. The User is a solely responsible entity due to the nature of the Materials placed by itself. However, in case when the Owner receives information on the fact that the Materials included by the User violate the provisions of the Regulations or are illegal, the Owner is entitled to take steps to eliminate such Materials. These steps are described in detail in Exhibit 2 – Portal Services and terms of using the Portal.
  7. The Portal website allows the User, among other things:
    1. to obtain information concerning presented Users,
    2. to obtain information about the Portal Partners,
    3. the ability to move from the Portal to websites of Portal Partners Portal and Portal Users,
    4. access to the Administrative Panel after joining the program Luxury Certificate
    5. to establish new business contacts and gaining market knowledge for its own use,
    6. to use of other Services of the Portal.
  8. The Services provided by the Owner through the Portal may be payable or free of charge. The Application is a free Portal and the access to specific functionalities of the Portal specified by the Owner. The ability to use the functions marked as paid is a paid Portal.
  9. The list of the offered Portal Services, including the payable Portal Services, their pricing list and charging rules for a Subscription Fee is included in the Exhibit 1 to the present Regulations - Price List of Portal Services.
  10. The name Luxury Certificate and other names and marks individualizing the Owner and the Services it provides are subject to the above entitled copyrights and industrial property rights. The Owner and the relevant entities are only entitled to dispose of the above-mentioned names and marks and using them. The User is not entitled to use the above-mentioned marks and names in any manner without the prior expressed written consent of the Owner or the appropriate entity.
  11. The User is entitled to include references (links) to the website of the Portal without the prior expressed written consent of the Owner as long as it does not infringe the provisions of these Regulations, in particular, it does not infringe the points relating to the prohibited operations described in detail in Exhibit 2 - Services in the User’s Card and conditions of their use.
  12. Adopted by the Portal selection and arrangement of the content presented in it constitutes an independent object of protection under the Law on Copyright and Related Rights of 4 February 1994. Therefore, the Owner remarks the User on the need to respect intellectual property rights, copyrights and related rights as described in detail in the Exhibit 2 - Services in the User’s Card and conditions of their use.
  13. The Portal publishes the content whose copyrights are passed to the Owner and the content whose copyrights are passed to other entities, which results in particular from following posted relevant notes.
  14. The contents of the Portal is solely owned by the Portal Owner, its graphic form, used methods of presentation, copyrights and non-property rights to the Portal, the right to text elements, applications, images, databases, graphic elements subject to the indicated ones which are owned by third parties. The use of the Portal by the User does not entitle them to acquire any of the abovementioned rights.
  15. Suspicion of breach of the provisions of points 6 - 10 by the Users creates the blocking the Administrative Panel until the case is explained. Noticing the violation of points 6 - 10 by the User is a premise to withdraw from the provision of the Services by the Owner. The Owner, in the event of any breach of these rules, is entitled to claim compensation on general principles.
  16. The Owner against the User shall be liable for non-performance or improper performance of an agreement on the provision of certain Portal Services, unless the non-performance or improper performance was due to force majeure, the User's fault, or a failure to comply with the terms of the Regulations.
  17. The Users, who are not natural persons, the Owner’s responsibility for non-performance or improper performance of the Portal Services is limited to a liability for damages actually incurred, and in no case it shall exceed the amount of remuneration paid by the User for the performance of the Portal within previous 6 months. Limitations of liability do not apply to damages caused by the Owner.
  18. Detailed information on the selected functionality of the Portal and the use of the Portal is included in the Exhibit 2 – the Services in the User’s Card and terms of their use
  19. The Portal Owner declares that it will make every necessary effort to provide advice and information regarding the cooperation with the Portal.
  20. Partner of the Portal declares that:
    1. is entitled to use any materials and assets located on its website, including trademarks used for marking the commercial and Portal offer and for the materials posted directly by it in the Portal,
    2. is entitled to mark its website,
    3. its commercial and Portal offer does not infringe rights of third parties, and is free from physical defects.
  21. The Portal Owner protects Users’ data in accordance with the privacy policy set out in the Exhibit 3 to the Regulations - Privacy Policy.
  22. The Owner shall not be liable for the consequences of use of the Portal and the Services provided by it electronically in a manner contrary to applicable law or the provisions of the Regulations, if such a circumstance occurred through no fault of the Owner.

III. Applications and Administration Panel

  1. Using a part of the Portal Services, in particular paid Portal Services by the User is conditional upon making the Application by them and after completing the verification process and joining the Luxury Certificate Program. The rules defining the conditions for participation in the Luxury Certificate Program are specified in the Exhibit 5 - Luxury Certificate Program.
  2. Data entered in the Application should be true, current and complete. It is not allowed to use data of others by the User. In case of finding that the given details are incorrect, the Owner is entitled to block the Administration Panel or to remove it and terminate the Agreement.
  3. In case of change of User’s details, the User should immediately update them using the appropriate form available in the Portal.
  4. Natural persons using the Portal in connection with running business activities, legal persons and organizational units that are not legal persons who are given a legal capacity by the act shall fill the Application Form.
  5. Registration of the entities referred to in point 4 is made by a person empowered to perform on their behalf any activities related to the Application and to exercise all rights and obligations of the User (a representative, an agent).
  6. The User is allowed to have more than one Administration Panel only with the consent of the Owner. However, the User is not allowed to use them to undertake activities violating the provisions of the Regulations, in particular the actions specified in the Exhibit 2 - Services in the User’s Card and terms of their use.
  7. The user is not authorized to provide information enabling to access the Administration Panel to third parties.
  8. The Owner reserves the right to temporarily block the Administration Panel if it is determined that its security is threatened. Continued use of the Administration Panel by the User may be subject to changing a password. After changing the password, the User regains the access to the abovementioned Panel.
  9. The User whose administration panel has been locked is not allowed during this period to make the Application again and join the Luxury Certificate Program. The Owner reserves the right to refuse the admission to the Luxury Certificate Program also when the Administration Panel had been blocked in the past.
  10. The User has the right to withdraw from the agreement. Within 10 days from the conclusion of the agreement regarding the provision of specific Portal Services, the User being a consumer may withdraw from it without giving reasons by making an appropriate statement in the electronic form or in writing (date of a postmark is the evidence of keeping the term).
  11. Creating the Administration Panel, The User agrees to the processing of personal data in accordance with the Act of 29 August 1997 on the protection of personal data and executive regulations issued on its basis. Detailed information concerning the processing of personal data are included in the Exhibit 3 - Privacy Policy.

 IV. Termination of Agreement

  1. The Agreement may be terminated in the following cases:
    1. at any time by agreement of the parties,
    2. after the expiry of the notice period,
    3. the death of the User,
    4. the termination of a legal state of the User,
  2. The Owner, without giving reasons, may terminate the agreement for the provision of Services within the Portal by notice. The notice period is one month.
  3. The User having the Administration Panel may terminate the agreement for the provision of Services electronically by sending via the Contact Form an e-mail message containing a statement of termination indicating the User’s details or in writing, in the form of a registered letter to the address of the Owner. The user during the notice period has an access to the data entered into the Portal and is obliged to protect it because after a notice period, the Owner reserves the right to delete it permanently.
  4. The Owner, wishing to terminate the agreement for the provision of Services electronically, informs the User by an e-mail, while the termination of agreement occurs after the expiration of the notice period.
  5. The Owner has the right to withdraw from the provision of Services with immediate effect and to terminate the contract with the User in case of a serious breach by the User of the provisions of these Regulations, including:
  6. making the actions aiming at breaching security of data stored in the Portal or making unauthorized attempts to access the Portal,
  7. carrying out illegal activities,
  8. using inaccurate, outdated or incomplete data or data of others.
  9. In case of termination of agreement, the User shall be entitled to be refunded of the amount in proportion to the unused duration of the paid Portal offered within the Portal.

V. Technical issues

  1. The technical requirements necessary to cooperate with the ICT system used by the Portal Owner:
  2. a computer, a tablet, a phone or other multimedia device with Internet access,
  3. an Internet browser installed on the device with Internet access,
  4. cookies activated in the web browser,
  5. Java Script activated in the web browser,
  6. having an e-mail address and access to it.
  7. In order to provide Services at the highest level, the Portal uses Cookies. Terms of Use of Cookies is specified in detail by the Cookies Policy.
  8. The Owner does its best to provide a proper and uninterrupted operation of the Porta and the performance of Services properly.
  9. In case of a breakdown or technical errors caused by problems with the hardware or software - The owner is trying to reduce the impact of the events.
  10. The Owner has the right to make temporary interruptions in the access to the Portal for maintenance or upgrades purposes, in addition, to replace, upgrade or configure hardware or software used to provide the operation of the Portal. The Owner shall inform on the abovementioned events in a proper notice available in the Portal website.

VI. Complaints and queries

  1. The User has the right to make complaints relating to non-performance or improper performance of the Services offered by the Portal.
  2. Complaints may be submitted using the Contact Form by means of an electronic message to the e-mail address office@luxurycertificate.com or in writing in the form of a registered letter to the address of the Owner.
  3. Making a complaint should include the details of the claimant (a name, a company name, a mailing address, an email address, a phone number), the details identifying the complained Portal offered within the Portal and description of the event that caused the complaint.
  4. Complaints will be dealt with immediately, not later than 14 days from the date of receipt of complete documentation on the case allowing the settlement of the complaint.
  5. In case of supplementing the documentation in the case, the Owner will report such request to the User providing it with the period for submitting the additional documentation.
  6. The answer to the complaint is sent to the e-mail address assigned to the Administration Panel of a particular User or otherwise indicated by the User.
  7. The Owner provides in the Portal an e-mail address through which it is possible to submit questions concerning the operation of the Portal. Queries can also be submitted in writing by a registered letter to the address of the Owner. Queries are dealt with not later than ... working days of their receipt. If the answer is not possible to be made within the specified period, the Portal Owner shall notify about this fact the User indicating the anticipated date of the answer to a query.
  8. The Owner can communicate with the User using electronic means of communication, i.e. by e-mail and using an e-mail address specified by the User during Registration.

VII. Final provisions

  1. The Regulations of the Portal Luxury Certificate is available in the Owner’s headquarters and on the website of the Portal at the web address: office@luxurycertificate.com
  2. The Owner can make changes to the Regulations and launch a new version of the Services provided through the Portal. The change becomes effective within a prescribed period, which may not be shorter than .... days since the release of the revised Regulations.
  3. Each User will be notified on the amendments to the content of the Regulations by placing by the Owner on the main page the info concerning the amendments to the Regulations containing a list of amendments to the Regulations. The User having an Administration Panel, with a first logging in the Portal, starting with the date of entry into force of amendments, will be notified of amendments to the Regulations and the possibility of its acceptance. The User having an Administration Panel will be additionally informed by the Owner by sending an e-mail to the address indicated by the User in the Application, the information containing the list of amendments to the Regulations. Information on the amendments to the Regulations will be sent no later than 14 days prior to the introduction of a new version of the Regulations. If the User with an Administration Panel does not accept the new Regulations, the User is obliged to notify this fact to the Portal Owner within 14 days from the date of notification of the amendments to the Regulations. A refusal to accept the amendments to the Rules causes immediate termination of the agreement with the Portal Owner at the end of the period of a paid Subscription.
  4. The provision of Services the implementation of which began before the entry into force of amendments to the Regulations will take place on the basis of existing provisions.
  5. The Regulations contain the following Exhibits which form an integral part thereof:
    1. Exhibit 1 to the Regulations - Price List of Portal,
    2. Exhibit 2 to the Regulations - Services in the User’s card and terms of their use,
    3. Exhibit 3 to the Regulations - Privacy Policy,
    4. Exhibit 4 to the Regulations - Notifications,
    5. Exhibit 5 to the Regulations - Luxury Certificate Program,
    6. Exhibit 6 to the Regulations - System of Feedback
  6. The law applicable to the whole agreement between the User and the Owner, the subject of which are Services provided by the Portal under the terms specified in the Regulations, is the Polish law.
  7. Any disputes related to the Services provided within the Portal will be considered by the Polish common courts.
  8. If any provision of the Regulations shall be considered by a final decision of the Court to be invalid in whole or in part, the remaining provisions shall remain in force.

The Regulations come into force on 01.03.2017

Attachments

About Luxury Certificate Programme

Is Your business Premium or Super Premium? Join us!