Terms and Conditions

Regulations For The Provision Of Electronic Services

Polish version is available here: Regulamin Świadczenia Usług Drogą Elektroniczną

ENTRY

Implementing the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended), Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Journal of Laws UE.L No. 119, p. 1), hereinafter: GDPR, Act of 16 July 2004 telecommunications law (Journal of Laws of 2022, item 1648, as amended)  QA BIRD sp. z oo, hereinafter referred to as the “Service Provider”, introduces these Regulations specifying in particular the types and scope of services provided electronically, the conditions for the provision of these services, including technical requirements and prohibitions on providing unlawful content, privacy policy, conditions for concluding and terminating contracts for the provision of electronic services electronic mail, the complaint procedure and the conditions for sending commercial information.

Chapter 1 

General provisions

1. Definitions of terms used in the Regulations:
   • Act – Act on the provision of electronic services of July 18, 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended).
   • ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of the telecommunications law.
   • Services provided electronically – services that are performed by sending and receiving data using ICT systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, and these data are transmitted via public networks within the meaning of the telecommunications law.
   • Means of electronic communication – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular electronic mail.
   • Service Provider – QA Bird sp. z o. o. with its registered office in Warsaw, 00-695 Warsaw, ul. Nowogrodzka 56A, NIP: 1231514308, REGON: 522287428, KRS: 0000973708.
   • Service Recipient – an entity using the services of the Service Provider, which is a party to the contract for the provision of services, being a natural person, legal person or organizational unit without legal personality, which will undertake to comply with these Regulations.
2. The service provider provides services electronically at:  https://qabird.com/
3. Expressing consent to comply with these Regulations when starting the service available at:  https://qabird.com/  is tantamount to full acceptance of the Regulations.

Chapter 2 

Types and scope of services provided electronically

1. The Service Provider provides electronic services, in particular:
   • Contact form.
2. The Service Provider may also provide services on the basis of separate contracts, the subject of which is the provision of electronic services.

Chapter 3

“contact form”

1. The service provider provides a service consisting in answering questions related to the assortment, service, rules of cooperation, including price inquiries, etc.
2. Questions can be sent via the contact form.
3. The Service Provider will make every effort to answer the question within 48 hours, excluding public holidays and Saturdays.
4. Answering questions is free.

Chapter 4

Terms of providing electronic services

1. The Service Provider provides services to the Customer to the extent and under the conditions set out in these Regulations or an individual offer, if it has been submitted and accepted by the Customer.
2. The Service Recipient undertakes to comply with these Regulations.
3. The Service Recipient is obliged to use the Service Provider’s website and the services provided in a lawful manner with respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.
4. The Service Recipient is obliged to refrain from:
   • abuse of electronic means of communication, in particular by causing work disruption or overloading the ICT systems of the Service Provider or other entities directly or indirectly involved in the provision of electronic services,
   • activities aimed at testing the possibility of breaking or circumventing the security of the Service Provider’s ICT systems, as well as any other activities that lead to unauthorized access to all or part of the Service Provider’s ICT systems,
   • use the services provided by the Service Provider in a manner contrary to generally applicable law, decency or legitimate interests of the Service Provider,
   • providing login data to the services provided by the Service Provider to unauthorized persons,
   • providing by or to the Service Provider’s ICT systems content that violates the rights of third parties, generally accepted social norms or is inconsistent with generally applicable law, or their introduction or dissemination through the Service Provider’s ICT systems constitutes a violation of generally applicable law.
5. The Service Recipient undertakes to release the Service Provider from any costs or liability related to the content provided by the Service Recipient to or through the Service Provider’s IT systems in violation of section 4 point e) above, in particular in the case of claims made against the Service Provider by third parties.
6. The Service Provider shall not be liable for damages caused by using the services in a manner contrary to generally applicable law, decency or otherwise inconsistent with these Regulations.
7. The Service Provider shall not be liable for damages caused by the use of the services by an unauthorized person who, as a result of the Customer’s culpable act or omission, gained access to the services provided by the Service Provider.
8. The Service Provider is not obliged to check the transmitted, stored or shared content that has been entered by the Service Recipient into the Service Provider’s ICT systems. In the event of obtaining reliable information or an official notification of the unlawful nature of such content or activities related to it, the Service Provider may remove such content and/or suspend the Service Recipient’s access to the services provided. In such a case, the Service Provider is not responsible for removing the content referred to in this paragraph, or for suspending access to services under this paragraph.
9. The Service Provider reserves the right to carry out the necessary maintenance of the ICT system, which may cause temporary difficulties or prevent the Service Recipients from using the services.
10. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily cease or limit the provision of services without prior notice and to carry out maintenance work to restore the security and stability of the ICT system.
11. The Service Provider undertakes to keep confidential all information, including personal data entered by the Customers into the Service Provider’s ICT system, except in the following cases:
    • this information is publicly available or widely known, unless it has become publicly available or widely known as a result of a breach of the law or contractual obligations between the Service Provider and the Customer;
    • the disclosure is required by the provisions of generally applicable law,
    • prior consent to the disclosure of information will be given by the Service Recipient.
12. The Service Recipient is obliged to enter data consistent with the facts.

Chapter 5

Complaints

1. Complaints related to the provision of electronic services by the Service Provider may be submitted in writing to the Service Provider’s address or in electronic form via e-mail to the following address: gdpr@qabird.com. It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; the Customer’s request and contact details of the person lodging the complaint.
2. The Service Provider shall consider the complaint immediately, not later than within 14 days from the date of its submission. If the complaint cannot be considered within this period, the Service Provider shall notify the complainant within this period of the reasons for the delay, as well as the expected, necessary date for considering the complaint.

Chapter 6 

Minimum technical requirements needed to use services provided electronically

1. Technical requirements necessary to use the Service Provider’s website:
   • a computer, laptop or other multimedia device with Internet access and a web browser;
   • access to e-mail;
   • enabling the option of saving cookies and Javascript in the web browser.

Chapter 7 

Particular risks related to the use of a service provided electronically

1. The use of services provided electronically involves the risk of infecting the IT system by undesirable software, including those whose sole purpose is to cause damage.
2. In order to avoid threats related to unwanted infection of the IT system, it is recommended to install anti-virus software on the computer used by the Customer. It is recommended that the antivirus program is constantly updated, as soon as updates available for installation are released.
3. In addition, it is recommended that the Service Recipient has a system firewall running on his computer.
4. In addition to the threats resulting from the infection of the IT system, the possible threats also include hacker attacks. The Service Provider declares that he applies security measures aimed at preventing or significantly hindering hacking into the Service Provider’s system.

Chapter 8

Rules for the processing of personal data in connection with the provision of electronic services

1. The rules for the processing of personal data in connection with the provision of electronic services are set out in the Privacy Policy document available at  https://qabird.com/legal/privacy-policy/.

Chapter 9

 Transitional and Final Provisions

1. 1. In matters not covered by these Regulations, the provisions of generally applicable law shall apply.
   2. The Service Provider reserves the right to amend the Regulations for important reasons, in particular changes in the law to the extent that these changes affect the implementation of the provisions of these Regulations.
   3. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services – “Newsletter”), the amended Regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 1  of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
   4. In the event of concluding, on the basis of these Regulations, contracts of a different nature than continuous contracts (e.g. “e-learning training”), the amendments to the Regulations will not in any way infringe the rights acquired by Service Recipients who are consumers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not will affect already placed or submitted Orders and concluded, implemented or executed Sales Agreements.