AGB UND DATENSCHUTZERKLÄRUNG

The Polish language version is the applicable version of the Regulations and Privacy Policy. Translation into English is presented below.
 

UNMACHINES SERVICE REGULATIONS

I. DEFINITIONS
1. SERVICE PROVIDER (ADMINISTRATOR) - MASZYNERIA Spółka z Ograniczoną Odpowiedzialnością with its seat in Jelenia Góra at ul. Wita Stwosza 18/13, 58-560 Jelenia Góra, EU VAT [NIP] PL 6112729459, Polish National Business Registry Number [REGON]: 022075765, National Court Register [KRS]: 0000451107.
2. REGULATIONS - these regulations of UNIMACHINES.
3. USER - the client who is: an adult natural person running business activity, a legal entity or organizational unit which expressed its consent for the contents of the REGULATIONS, being at the same time the entrepreneur pursuant to Article 431 of the Civil Code.
4. ACCOUNT - the set of the USER'S resources in ICT system of the SERVICE PROVIDER, marked with an e-mail address and the USER'S password.
5. UNIMACHINES - the SERVICE PROVIDER'S website run at the following Internet addresses: unimachines.pl, unimachines.at, unimachines.be, unimachines.ch, unimachines.cn, unimachines.co, unimachines.co.uk, unimachines.com, unimachines.com.pl, unimachines.cz, unimachines.de, unimachines.dk, unimachines.es, unimachines.eu, unimachines.fr, unimachines.in, unimachines.info, unimachines.it, unimachines.lt, unimachines.lv, unimachines.net, unimachines.nl, unimachines.org, UniMachines, unimachines.pt, unimachines.se, unimachines.tw, unimachines.ae, unimachines.bg, unimachines.by, unimachines.co.nz, unimachines.co.za, unimachines.com.ar, unimachines.com.br, unimachines.com.ua, unimachines.ee, unimachines.gr, unimachines.hu, unimachines.jp, unimachines.kr, unimachines.kz, unimachines.mx, unimachines.pe, unimachines.ph, unimachines.pk, unimachines.ro, unimachines.rs, unimachines.ru, unimachines.sg, unimachines.si, unimachines.sk, unimachines.vn and the subdomains: cu.unimachines.com, as well as the other ones being the property of the SERVICE PROVIDER.
6. SERVICE - an electronic service rendered by the SERVICE PROVIDER to the USERS, with the use of UNIMACHINES
7. PRODUCT - a moveable, the sale of which was announced in UNIMACHINES.
8. SELLER - the USER placing the PRODUCT sale ad at UNIMACHINES (an active ACCOUNT is required).
9. PURCHASER - the USER purchasing a PRODUCT from the SELLER (the ACOUNT is not required).
10. SALES AGREEMENT - the PRODUCT sales agreement concluded between the PURCHASER and the SELLER.
11. SCORES - settlement scores which a USER holding an active ACCOUNT may purchase.
12. FEATURING THE AD - exposing the ad, settled with the SCORES.
13. NEWSLETTER - a service allowing to receive, at the e-mail address given by the USER, free-of-charge information coming from the SERVICE PROVIDER.
14. LICENSE - a license agreement pursuant to chapter 5 of the act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83).

 

II. GENERAL PROVISIONS
1. UNIMACHINES operates in accordance with principles defined in the REGULATIONS.
2. Prior to the use of UNIMACHINES, USERS are obliged to familiarize themselves with the contents of the REGULATIONS and accept the terms and conditions thereof.
3. UNIMACHINES offer is addressed only to entrepreneurs and institutions.
4. The messages sent directly to UNIMACHINES should be sent in Polish or English and the response shall be given in the same languages.
5. All commercial names, names of PRODUCTS and companies as well as companies' logos used in UNIMACHINES are the property of the owners thereof and are used for identification purposes. They may be reserved trademarks. All materials, descriptions and pictures presented in UNIMACHINES are used for information purposes.
6. One USER may establish one ACCOUNT.
7. The establishment of the ACCOUNT means that the USER expresses consent for: the processing of his/her/its personal data in accordance with the act of 29 August 1997 on Personal Data Protection and the act of 18 July 2002 on Rendering Electronic Services, as amended.
8. UNIMACHINES shall not control the credibility of the contents placed by the USERS. The SERVICE PROVIDER is not responsible for the contents and the use thereof.

 

III. THE KIND AND SCOPE OF SERVICES RENDERED
1. Free-of-charge services:
1.1. browsing the ads,
1.2. the establishment and running of the ACCOUNT,
1.3. adding the ads,
1.4. using the user website signed by short name (short name should result from the name of the company or the surname of the USER),
1.5. free-of-charge obtaining of information in the form of a NEWSLETTER,
1.6. translation of the ads into languages served by UNIMACHINES,
1.7. selecting the system of measurements and the currency of the ads viewed.
2. Paid SERVICES
2.1. FEATURING the ads
2.2. the placement of banner advertisements.
3. The SERVICE PROVIDER has the right to place at UNIMACHINES the advertisements, the contents of which may be linked to the contents of free-of-charge and featured ads.  

 

IV. TERMS AND CONDITIONS OF THE PERFORMANCE AND CONCLUSION OF AGREEMENTS FOR RENDERING ELECTRONIC SERVICES
1. Payment conditions and principles are described in Chapter VI section 11 of the REGULATIONS.
2. The term of the agreement:
2.1 . the agreement for rendering the SERVICE consisting in running the ACCOUNT, adding and FEATURING of ADS - is concluded for indefinite period of time,
2.2. the agreement for rendering the NEWSLETTER SERVICE is concluded for indefinite period of time.
3. The agreement concerning paid SERVICES shall be confirmed with a VAT invoice, delivered in the electronic form, in accordance with the requirements defined in the ordinance of the Minister of Finance of 20 December 2012 on sending electronic invoices, the principles of their storage and the manner of revealing to the tax office or tax audit authority (Journal of Laws of 2010, No. 249, item 1661). It is found that the acceptance of these REGULATIONS is equivalent to the USER'S consent for sending invoices in an electronic form.
4. Technical requirements necessary for the cooperation with the SERVICE PROVIDER'S ICT system:
4.1. a computer with the access to the Internet,
4.2. the access to e-mail,
4.3. the Internet browser,
4.4. running Cookies and Javascript in the Internet browser.

 

V. TERMS AND CONDITIONS OF TERMINATION THE AGREEMENTS FOR RENDERING ELECTRONIC SERVIES
1. Termination of the agreement for rendering SERVICES
1.1. The agreement for rendering SERVICES, of continuous, indefinite nature (e.g. running the ACCOUNT, NEWSLETTER service etc.) may be subject to termination.
2. The USER may terminate the agreement with immediate effect and without the necessity to give the reasons by clicking the option "remove account" at his/her/its ACCOUNT panel.  
2.1. The SERVICE PROVIDER may block the ACCOUNT, and even terminate the agreement for rendering SERVICES, of continuous and indefinite nature, without notice in the event if the USER:
2.1.1. breaches the REGULATIONS,
2.1.2. provides the contents of illegal nature,
2.1.3. commits the acts which may hinder or destabilize the operation of UNIMACHINES,
2.1.4. . infringes legally protected interests of the third parties, in particular their copyrights and personal rights.
2.2. At the USER'S request, the ACCOUNT may be irretrievably blocked (for the purpose of keeping the history of the actions, no ACCOUNT is removed from the system). The blockade prevents the performance of any actions in the system in the future.
2.3. The SERVICE PROVIDER is also entitled to terminate the agreement for rendering SERVICES, of continuous and indefinite nature (e.g. running the ACCOUNT) by notice, without giving the reasons. In such a case the agreement expires after 7 days from the date of submission of the declaration of will on the agreement termination (term of notice). The cost of unused scores is reimbursed in PLN.
2.4. The notice of termination leads to the discontinuance of legal relation, effective in the future.
2.5. In case of the termination of the agreement for rendering SERVICES by the USER, the payments paid to the SERVICE PROVIDER are not subject to reimbursement.
3. The SERVICE PROVIDER and the USER may terminate the agreement for rendering SERVICES at any time, by mutual agreement.

 

VI. ADS AND PAYMENTS
1. The USER adds a sales ad for the period of 30 days.
2. Adding many ads of the same PRODUCT is not allowed.
3. The ad should be placed in the category which the offered object suits best.
4. The SERVICE PROVIDER may transfer the ad to another category/subcategory.
5. The SERVICE PROVIDER reserves the right, after informing the USER, to remove the ad when it does not meet the requirements or breaches the REGULATIONS.
6. Ads are sorted in a standard manner, from the latest to the oldest.
7. After 30 days the ad is transferred to "inactive" ones.
8. Inactive ads are displayed in the listing as archive: with no contact details.
9. The access to the archive may be given against payment, contact details will be revealed then.
10. A removed ad disappears from the listing but it remains in the database of UNIMACHINES.
11. The ad is automatically displayed at all domains served.
12. Payments for the SCORES
12.1. SCORES may be purchased in packages. Each package has a defined number of SCORES and the price in PLN. In addition, the approximate conversion value, in the USER'S currency, may be given. The payment for SCORE packages is possible only in PLN (Polish zloty), through PayPal.pl. Invoices will be sent via e-mail after the booking of payment.
12.2. It is possible to FEATURE the ADS for the period of 30 days for the SCORES purchased. FEATURED ADS are presented in the listing before free ads. Sorting: the ads of the USERS from the country, the location of which meets the domain are displayed first, and then the ads from other countries are displayed.
12.3. The scores purchased are valid for 12 months. The purchase of additional scores extends their validity to another 12 months.
13. The USER is entitled to modify or remove his/her/its own ads from the listing, without giving the reason.

 

VII. THE USER'S OBLIGATIONS
1. The USER is obliged to:
1.1. cooperate with the SERVICE PROVIDER at the rendering of SERVICES,
1.2. provide the SERVICE PROVIDER with the information being in compliance with the actual condition and reveal the information needed for duly performance of SERVICES,  
1.3. act in a manner in compliance with the rights, good practice, respecting personal rights and intellectual property rights of the third parties,
1.4. not to provide the contents of illegal nature.
2. The USER placing the sales ad at UNIMACHINES declares that he/she/it is entitled to the offer the sales of PRODUCTS which the ad refers to. The consequences of the actions, in particular the lack of relevant rights or entitlement are solely the responsibility of the USER committing the actions which are not in accordance with the law. The USER uses UNIMACHINES at his/her/its own risk and he/she/it is responsible for any actions taken in connection with the use of UNIMACHNIES.
3. The USER is responsible for the compliance of the ad contents with the actual condition.

 

VIII. CONDITIONS OF CONCLUDING SALES AGREEMENTS
1. The SELLER and the PURCHASER are the Parties to the SALES AGREEMENT.
2. The ads concerning the PRODUCTS at UNIMACHINES, in particular the descriptions, technical and functional parameters and the prices thereof constitute the invitation to the conclusion of the agreement pursuant to Article 71 of the Civil Code.
3. UNIMACHINES does not act as an agent at the SALES AGEEEMENT and it is not the party to complaint proceedings.
4. Full liability for the performance of the transactions is incurred by the USERS engaged in a given agreement.

 

IX. INTELLECTUAL PROPERTY
1. The USER at the moment of the acceptance of the REGULATIONS acknowledges that all copyrights and trademarks connected with UNIMACHINES and the USER'S ACCOUNTS, except for the PRODUCTS, are the property of the SERVICE PROVIDER and they are subject to legal protection, in particular pursuant to the act of 4 February 1994 on copyright and related rights (Journal of Laws, No. 24, item 83, as amended).
2. The use of the intellectual property rights or the services of UNIMACHINES for purposes other than the ones defined in these REGULATIONS is forbidden. The USER incurs full liability for the damage caused to the SERVICE PROVIDER being the consequence of the use of UNIMACHINES name or trademarks without its consent. Downloading, use and processing of UNIMACHINES contents, including by means of Internet robots or other automatic data collection systems, without the consent of the SERVICE PROVIDER, is forbidden.
3. The USER, presenting data or other contents at the ACCOUNT, expresses consent for the access to this information by the SERVICE PROVIDER and authorizes the SERVICE PROVIDER to use it in accordance with the provisions of the REGULATIONS. Placing at UNIMACHINES the contents being deliverables as defined in the provisions of the act of 4 February 1994 on copyright and related rights is related to granting to the SERVICE PROVIDER, by the USER, of a free LICENSE for the use and administration of the deliverables. The LICENSE is not subject to any time or territorial restrictions and therefore it does not expire also in case of the USER'S resignation from the services of UNIMACHINES or in case of the removal of the ACCOUNT. The LICENSE comprises the rights to copying, publishing, distribution, modification, translation or use in any other way of the deliverables voluntarily rendered accessible by the USER in the following fields of operation: public placement, display, reproduction and presentation of deliverables in a manner enabling the access thereto by an unlimited group of users, at the place and time independently selected; in particular the SERVICE PROVIDER has the right, among others, to place the deliverables at all websites of UNIMACHINES and present the deliverables to other USERS.

 

X. THE RESPONSIBILITIES AND OBLIGATIONS OF THE SERVICE PROVIDER
1. The SERVICE PROVIDER reserves the right to periodically switch off UNIMACHINES for maintenance purpose, upon prior notification of the USERS holding the ACCOUNT, via e-mail and the message placed at UNIMACHINES website.
2. The SERVICE PROVIDER'S liability is limited to the damage caused only due to wilful misconduct.
3. The SERVICE PROVIDER'S liability is limited to standard consequences, foreseeable at the moment of concluding the agreement between the USER and the SERVICE PROVIDER. The SERVICE PROVIDER incurs no liability for losses incurred by the USER and on account of lost profits.
4. The SERVICE PROVIDER is not liable for any illegal actions of the USER using the SERVICES.
5. In case of the breach of the provisions of the REGULATIONS by the USERS, the SERVICE PROVIDER reserves the right to block their ACCOUNTS.
6. The SERVICE PROVIDER incurs no liability for losses incurred by the USER caused by hazards occurring on the Internet network, in particular hacking into the USER'S system, taking over passwords by third parties, infecting the USER'S system with viruses.

 

XI. COMPLAINT PROCEEDINGS CONNECTED WITH SERVICES
1. Complaints connected with rendering the SERVICES may be lodged by means of a message dispatch, available at: http://unimachines.pl/kontakt/go (in English: http://unimachines.com/contact/go).
2. The complaint shall be examined by the SERVICE PROVIDER within 14 days.
3. The SERVICE PROVIDER'S response regarding the complaint is sent to the USER'S e-mail address given in the complaint notification.

 

XII. FINAL PROVISIONS
1. The agreements concluded by the SERVICE PROVIDER within the framework of UNIMACHINES activity are concluded in the Polish language in accordance with the law applicable at the territory of Poland.
2. The SERVICE PROVIDER reserves the right to implement changes into the REGULATIONS. Changes implemented into the REGULATIONS are binding to the USER on the condition that he/she/it was correctly informed about the changes and did not terminate the agreement for rendering electronic services within 7 days from the date of being notified about the changes.
3. REGULATIONS are not aimed at the violation of the USER'S rights. In case of the non-compliance of any part of the REGULATIONS with the law, the SERVICE PROVIDER shall apply this law instead of the questioned provision of the REGULATIONS.
4. Disputes connected with the performance of agreement for rendering the SERVICES shall be settled, in the first place, by way of negotiations, with the intention of amicable resolution the dispute. However, should this turn out impossible or unsatisfactory for any party, disputes shall be settled by the court with jurisdiction over the SERVICE PROVIDER'S seat (i.e. the Court in Poland, in Jelenia Góra).

 

PRIVACY POLICY

I. GENERAL PROVISIONS
1. Capitalized words should be understood in accordance with their definition given in the REGULATIONS.
2. The SERVICE PROVIDER is the ADMINISTRATOR of personal data gathered by UNIMACHINES.
3. The USER'S personal data is processed in accordance with the act on personal data protection of 29 August 1997 (Journal of Laws No. 133, item 883, as amended) and the act on rendering electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
4. The ADMINISTRATOR registered the set of data revealed by the USER in the register kept by the General Inspector for the Protection of Personal Data.

 

II. THE OBJECTIVE AND SCOPE OF DATA COLLECTION
1. The ADMINISTRATOR collects personal data for the purpose of:
1.1. the establishment, creation of the contents, changes, performance or termination of the contractual relation regarding the SERVICES,
1.2. proving contractual relations mentioned in item 1.1 for evidence purposes through the period of prescription of related claims and through the periods mentioned in the act on accounting of 29 September 1994 (Journal of Laws No. 121, item 591, as amended),
1.3. the use of the service of the NEWSLETTER. Within the framework of this SERVICE the information in the form of an e-mail is sent to the e-mail address given by the USER by UNIMACHINES (periodically and indefinitely). Information sent via a NEWSLETTER service may relate to both contents coming from the SERVICE PROVIDER and cooperating entities (including advertisement contents). The USER'S e-mail address is necessary for sending the NEWSLETTER,
1.4. marketing and statistical.
2. Personal data which USERS give when setting up the ACCOUNT is subject to processing. This data (apart from the e-mail address and IP address) is visible by the ads added and on the created user website:
2.1. name and surname, name of the company,
2.2. address (street and house/flat number, post code, city, province, country)
2.3. e-mail address,
2.4. IP address
2.5. EU VAT No. [NIP],
2.6. telephone number.
3. Personal data and messages sent by USERS while using the message dispatch are subject to processing.
4. The ADMINISTRATOR may process the following data characterizing the manner of using the SERVICES:
4.1. markings identifying the completion of telecommunication network or ICT system which the USER used,
4.2. information on the commencement, completion and the scope of each use of the SERVICES by the USER,
4.3. information stored in the USER'S device.

 

III. "COOKIES"
1. UNMACHINES records "cookies" in the USER'S device. The lack of the change of settings in the USER'S browser is equivalent to expressing consent for the use thereof.
2. The installation of "cookies" is necessary for correct rendering of SERVICES and for statistical purposes. For keeping the statistics the SERVICE PROVIDER may use Google Analytics which gathers anonymous data at Google servers (cookies administrator: Google Inc. with its seat in the USA).
3. The contents of "cookies" does not allow for the identification of the USER.

 

IV. THE BASIS OF DATA PROCESSING
1. The use of UNIMACHINES and conclusion of agreements for rendering the SERVICES, which involves the necessity to reveal personal data, is totally voluntary. A person whom the data relates to independently decides whether he/she wants to start using the SERVICES.
2. Pursuant to Article 23 of the act on personal data protection of 29 August 1997, data processing is allowed, among others, if:
2.1. the person whom the data relates to expresses consent for this, unless the removal of data is the case,
2.2. this is necessary for the performance of the agreement when the person whom the data relates to is the party or when this is necessary for taking actions prior to the conclusion of the agreement.

 

V. THE RIGHT TO CONTROL, ACCESS TO THE CONTENTS OF ONE'S PERSONAL DATA AND ITS CORRECTION
The USER is entitled to the access to the contents of his/her personal data, to supplement, update, correct it and control its processing, temporary or permanent withholding of its processing or remove it in case if it is incomplete, outdated, untrue or if it was collected with the breach of the act or if it is no more necessary for the achievement of the purpose for which it was collected. For this purpose the USER may send a message with the use of a form available at: http://unimachines.pl/kontakt/go (in English: http://unimachines.com/contact/go).

 

VI. FINAL PROVISIONS
1. The ADMINISTRATOR applies technical and organizational measures ensuring the protection of the personal data processed, adequate for the category of data subject to protection.
2. To matters not settled by this Privacy Policy the provisions of the REGULATIONS and other applicable provisions of the Polish law are applied respectively.