1. Definitions
1.1 Electronic Services – services provided electronically by Mechanistry, i.e. Newsletter, User Account, Internet Forum;
1.2 Internet Forum – an Electronic Service provided by Mechanistry via the Website allowing Users to post and exchange Content;
1.3 Mechanistry – Mechanistry spółka z ograniczoną odpowiedzialnością (Mechanistry limited liability company), with its registered office in Rondo Daszynskiego 2B, 00-843 Warszawa, Poland, entered in the Commercial Register of the Polish Court Register under KRS number: 0000630339, NIP: 5272775893, REGON: 36502672600000, e-mail: hello@mechanistry.com;
1.4 Newsletter – an Electronic Service provided by Mechanistry via electronic mail consisting of distribution of commercial information to Users;
1.5 Service Contract – a distance contract concluded between User and Mechanistry, under which Mechanistry supplies or undertakes to supply the Electronic Services to the User;
1.6 Terms of Use – these Terms of Use;
1.7 User or you – a person using the Website;
1.8 Website – the website with sub-pages in the mechanistry.com domain;
1.9 User Account – an Electronic Service provided by Mechanistry via the Website enabling Users access to information on, modifying or terminating use of the Electronic Services.
2. Basic provisions
2.1 These Terms of Use apply to all Electronic Services.
2.2 The Electronic Services are provided by Mechanistry spółka z ograniczoną odpowiedzialnością (Mechanistry limited liability company), with its registered office in Rondo Daszynskiego 2B, 00-843 Warszawa, Poland, entered in the Commercial Register of the Polish Court Register under KRS number: 0000630339, NIP: 5272775893, REGON: 36502672600000 , e-mail: hello@mechanistry.com;.
2.3 The Electronic Services are free of charge and provided for an indefinite period by electronic means immediately after registration of User Account through the Website, on the basis of the herein Terms of Use.
2.4 The User is obliged to use the Electronic Services in a manner consistent with the law and good practice, respect personal rights, copyrights and intellectual property of Mechanistry and third parties. The User is prohibited from providing illegal content through the Website. In particular, the User is obliged to observe the following rules:
2.4.1 Be respectful of others. Use your common sense as to what that means.
2.4.2 Racist, homophobic or any other form of hate speech is prohibited, including jokes.
2.4.3 Not safe for work content is not allowed, including but not limited to pornographic or explicit images.
2.4.4 Advertising and spamming are not allowed.
2.4.5 Be kind, do not swear.
2.5 Personal data contained in registration forms and personal data collected automatically are processed in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (General Data Protection Regulation, GDPR). For detailed information on the protection of personal data and privacy of Website Users please refer to the Mechanistry’s Privacy Policy https://mechanistry.com/privacy/.
3. Electronic SERVICES – Registration
3.1 The agreement for the provision of the Internet Forum and User Account Electronic Services shall be concluded upon registration of a User Account.
3.2 In order to publish content on the Internet Forum, the User is obliged to register the User Account, for which an e-mail address and a username (login) must be provided. While logging into the Internet Forum for the first time an access password must be established.
3.3 Unregistered Users can access the Internet Forum and the content published therein, however they cannot publish their own posts.
3.4 The agreement for the provision of the Newsletter service shall be concluded upon subscription for the Newsletter via the Website by ticking the appropriate box with the expression of consent for:
(a) sending commercial information electronically in accordance with the Act of 18 July 2002 on provision of electronic services (consolidated text in Dz.U.2017.1219) in accordance with the Terms of Use for the provision of electronic services;
(b) using telecommunications terminal equipment for direct marketing purposes in accordance with the Telecommunications Law of 16 July 2004 (Dz.U.2018.1954); we will then ask you to confirm your consent.
3.5 The User agrees to Mechanistry immediately commencing provision of the Electronic Services, which is associated with the loss of the right of withdrawal and maintaining the right to terminate the Electronic Service at any time, as in pt. 6, below.
4. Technical requirements and safety
4.1 In order to enjoy the Electronic Services on Mechanistry Website, it is required to meet the following technical requirements:
4.1.1 an Internet connection (wired or wireless);
4.1.2 use of a web browser: Firefox 47+, Chrome 51+, Safari 9+, Internet Explorer 11+, Edge 12+ or on a mobile device: Safari (iOS 8+), Chrome 51+ (Android 4.1+), or other compatible browsers, in the latest stable version made available by the browser’s provider;
4.1.3 Javascript and Cookies storage enabled;
4.1.4 use of a minimum screen width of 300 px.
4.2 Failure to comply with the requirements indicated in point 4.1. does not prevent the use of the Mechanistry Website, however, it may be the cause of its malfunctioning.
4.3 Disabling or interfering with JavaScript and Cookies (e.g. by using add-ons, overlays, custom settings and similar solutions) does not block your use of the Website, but may cause difficulties in connection with it and in using the Services. For detailed information on cookies, please refer to our Privacy Policy https://mechanistry.com/privacy/.
4.4 The use of Electronic Services may involve risks inherent in Internet activity. Mechanistry, by User’s request, provides the User with up-to-date information on particular dangers associated with use of service provided via electronic means, in e-mail form.
5. use of content; license
5.1 The results of the Electronic Services’ performance are delivered in electronic form, including in e-mail text and HTML code, jpg, png or other graphical files, which are interoperable with any device allowing to display such content. Newsletter messages contain functionalities allowing for providing Mechanistry feedback on whether the message was read and whether any links were accessed.
5.2 All rights to the Website and the results of the Electronic Services’ performance and rights to particular elements of its content (i.e. texts, graphics, photographs, software and other legally protected elements) belong to Mechanistry or to parties whose materials are lawfully made available by Mechanistry on the Website.
5.3 The Website and the results of the Electronic Services’ performance, as well as individual elements of their content, are subject to the protection provided for by the provisions of law, in particular the Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Dz.U.2006.90.631); the Act on Database Protection of 27 July 2001 (Dz.U.2001.128.1402); Act on Combating Unfair Competition of 16 April 1993 (consolidated text in Dz.U.2003.153.1503).
5.4 Mechanistry, on the basis of a contract for the provision of Electronic Services, grants to the User a non-exclusive, royalty-free and non-transferable license to use by the User copyrights to works posted on the Website or as a result of the Electronic Services’ performance, solely for the purpose of using the Electronic Services. The use of the Website or a result of the Electronic Services’ performance and its content is permitted for the User’s own and non-commercial purposes.
5.5 The license referred to in pt. 5.3 above is perpetual and ceases automatically with the termination of the relevant contract for the provision of Electronic Services.
5.6 Mechanistry grants to the User the right to print copies or statements from the Website or a result of the Electronic Services’ performance solely for the User’s own personal use, not related to the User’s business or professional activity.
5.7 Any other use of the Website or a result of the Electronic Services’ performance and its content without Mechanistry’s written consent or without the written consent of other right holders is prohibited. This means that it is prohibited to copy, reproduce, put into circulation, or distribute in any form the Website or its individual elements, including a prohibition of distributing current articles available on the Website on political, economic or religious topics. Unlawful use of the Website or a result of the Electronic Services’ performance or its elements will be subject to penalties under civil and criminal law.
5.8 If the content posted by the User on the Website, esp. the Internet Forum, are works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2006, No. 90, item 631, as amended), the User grants to Mechanistry and Mechanistry acquires from the User a non-exclusive, worldwide, perpetual, sublicensable to other Users, license for use by Mechnistry of these works, which includes, in particular, publication of the content on the Website, esp. the Internet Forum as well as in other publications of Mechanistry. The license is granted for all fields of operation known at the time of concluding the contract for the provision of Electronic Services, in particular to the fields of exploitation specified in art. 50 of the above-mentioned act on copyright and related rights:
5.8.1 as regards the establishment and reproduction of a work – production of a specific workpiece technique, including printing, reprographic, magnetic recording and digital technology;
5.8.2 in the scope of trade in the original or copies on which the work has been recorded – placing on the market, lending or rental of the original or copies;
5.8.3 in the scope of dissemination of the work in a way other than specified in pt. 5.8.2, above – public performance, display, display, reproduction and broadcasting and re-publishing, and making the work publicly available so that everyone can have access to it in a place and time chosen by such person.
6. withdrawal – Exception from the right of withdrawal; Termination
6.1 The consumer shall not have the right to withdraw from the Electronic Service contract concluded at distance, as the subject matter of the Electronic Services is digital content or performance of services, commenced after an unambiguous consent form the user of the loss of the right to withdraw from the Electronic Services’ contract.
6.2 The provisions provided above do not limit the possibility of terminating the Service Contract.
6.3 The User may at any time and without giving any reason unsubscribe from the Electronic Services, i.e. to terminate the agreement for provision of the Electronic Services, via the User Account or by sending an appropriate request to Mechanistry, in particular by e-mail to: hello@mechanistry.com . After the cancellation, your e-mail address will be deleted unless you have expressly consented to the continued use of your personal data for other purposes or the continued use of your data is reserved by Mechanistry in the cases permitted by law – in which case Mechanistry will inform you immediately.
6.4 Mechanistry may immediately terminate the Electronic Services by notifying the User through mail or e-mail, if the User violates the Terms of Use, esp. if the User improperly performs or refrains from performing the User’s obligation provided in pt. 2.4, hereabove.
6.5 In the event that a Electronic Service contract is terminated, the Electronic Services contract shall be deemed expired on the date of receipt of the termination notice by the other party.
7. LIABILITY
7.1 The User is liable for:
7.1.1 materials, including posts and comments, placed on the Website;
7.1.2 losses arising from actions being in contravention of the applicable law or these Terms;
7.1.3 consequences of decisions taken by the user based on information obtained as a result of using resources of the Electronic Services.
7.2 The User is obliged to and agrees not to use any of the Website contents or Electronic Services for purposes and effects which are illegal, prohibited by law, damaging to third party rights and interests or which in any way may damage, disable, overload, deteriorate or prevent the normal use of the Electronic Services.
7.3 The User is aware of threats existing in the Internet, in particular that passwords might be captured by third parties or that the user’s system might be infected with viruses, as well as of losses that may arise as a result of such events. The User is obliged to keep confidential the established password to the Internet Forum as part of the Electronic Services.
7.4 Mechanistry is not liable for the content of other websites or electronic services that are not owned or possessed by Mechanistry, to which links have been placed in the Website.
8. COMPLAINT PROCEDURE
8.1 The Electronic Services are provided by Mechanistry without any defects. Each User is entitled to file a complaint regarding the operation of the Website.
8.2 The complaint should be filed: via electronic mail to the following address: hello@mechanistry.com.
8.3 The complaint should contain the following data: name of the person filing a complaint, the User’s e-mail address used during registration, and subject of the complaint. Complaints will be reviewed by Mechanistry within 14 days of the date of receipt of a complaint. A response to the complaint will be sent to the e-mail address indicated by the User.
Detailed information on how a User who is a consumer may use out-of-court complaint and claim handling procedures and the rules of access to these procedures is available at the offices and on the websites of powiat (municipal) consumer ombudsmen, consumer protection organisations, Voivodship Trade Inspection Office and at the following web addresses of the Office of Competition and Consumer Protection:
https://www.uokik.gov.pl/home.php; http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php (in Polish).
8.4 A User who is a consumer has the following possibilities of out-of-court complaint handling and claim enforcement:
8.4.1 The User has the right to approach the permanent arbitration consumer tribunal, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Dz.U.2001.25 as amended) for settlement of a dispute arising from the Purchase Agreement concluded by that User. The rules of the organisation and of permanent arbitration consumer tribunals are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organisation and operation of permanent arbitration consumer tribunals. (Dz.U.2001.113.1214).
8.4.2 The User has the right to apply to the Voivodship Trade Inspection Officer, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Dz.U.2001.4.25 as amended), for the initiation of mediation proceedings for an amicable settlement of a dispute between the User and the Seller. Information on the principles and procedure of mediation conducted by the Voivodship Trade Inspection Officer is available at its offices and on the websites of individual Voivodship Trade Inspection Offices.
8.4.3 The User may obtain free aid in resolving a dispute between the User and the Seller, using also free aid of a powiat (municipal) consumer ombudsman or consumer protection organizations (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumers’ Federation at porady@dlakonsumentow.pl and by the Polish Consumers’ Association at the free consumer helpline (+48) 800 889 866.
8.4.4 The online dispute resolution platform between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
8.5 The possibilities afforded to the User by law and the above provisions do not hinder the User in settling a dispute in a competent court, on general principles of the law.
9. Final provisions
9.1 Mechanistry will make every effort to ensure proper operation of the Website and particular Electronic Services available on the Website, however, it is not responsible any interruptions in the operation of the Website or services available on the Website in the event of technical problems independent of Mechanistry.
9.2 Mechanistry reserves the right to temporarily shut down the Website in whole or in part due to technical interruptions, and to introduce new functional solutions, including those improving the safety and quality of the Website’s operations.
9.3 These Terms of Use will be effective from the moment they are made available on the Website, i.e. from June 30th, 2019.
9.4 In cases of: (a) force majeure, (b) changes in legal acts applicable to the provision of services via electronic means or to distance contracts, or (c) changes in the Website or Electronic Services, Mechanistry has the right to update these Terms of Use through carrying out an amendment or supplement which enters into force one month after information to this effect has been presented on the Website. Should the User not wish to accept the amendment or supplement, the Member may terminate the Services in accordance with pt. 6 above.
9.5 According to art. 6(2) of the Rome I Regulation on the law applicable to contractual obligations, Mechanistry selects Polish law as the governing law for the contract for the provision of Electronic Services concluded with consumers and entrepreneurs. The Polish law implements Directive 2011/83 / EU of October 2014, which unifies European Union laws and regulations regarding distance contracts, including via the Internet. Mechanistry will respect a more favorable right enjoyed by consumers in accordance with the law of the habitual residence of the consumer.
