These terms and conditions („Terms & Conditions”) were issued pursuant to the Act of 18 July 2002 on electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) and determine how to use the website under the name of audioteka.co.uk and a dedicated mobile application for Android, iOS and Windows Phone (hereinafter referred to collectively as the „Website”). The mobile application is available, in particular, at: GooglePlay, App Store, Windows Phone Marketplace.
The Website is operated by Audioteka S.A. with its registered office in Warsaw at ul. Domaniewska 44a, 02-672 Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under the number KRS 0000305704 („Service Provider ”). The Service Provider is the administrator of personal data collected, processed and used in connection with the provision of services in the above field and under the terms and conditions set out herein.
Through the Website, its user can listen to and purchase offered audiobooks and other digital content (the „Product ”) in the form of files downloadable on a storage medium and use them under the terms and conditions of the User License, which constitutes an Appendix No. 1 hereto („User License ”, „Services ”).
The name of the Website, its concept, graphic design and database are the property of Audioteka S.A. and are protected by law.
An agreement for the provision of Services between the Service Provider and the User („Agreement ”), is concluded by the acceptance by the User of the Terms and Conditions and/or proper completion of the registration form („Registration ”). The Service Provider during the registration indicates which data of the User is necessary for the conclusion of the Agreement and the commencement of the Services („Basic Personal Data ”). Refusal to accept the Terms and Conditions results in failure to conclude an agreement. The Service Provider may refuse to provide Services to the User in case of refusal of acceptance of the Terms and Conditions or in the case the User fails to provide Basic Personal Data or provides inaccurate or incomplete Basic Personal Data.
The User shall be obliged to provide complete and accurate data in the registration form.
By ticking adequate, separate boxes in the registration form, the User agrees for its Basic Personal Data to be collected, processed and used by the Service Provider to the extent necessary to provide the Services by the Service Provider, as well as for the purposes of market, behaviour and preferences research, adaptation of offer of the Service Provider to the expectations of the Users, improvement of the quality of services, creation of a collective image of the Users and advertising, for statistical, administrative and accounting purposes. Processing of the Personal Data shall be held in respect and in accordance to the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended) and in the Act of 29 August 1997 on the Protection of Personal Data (unified text: Journal of Laws of 2002, No. 101, item 926). The User has the right to access their Personal Data transmitted to the Service Provider. Upon completion of the provision of Services, the Service Provider shall be entitled to process the data referred to in Art. 19.2 of the Act on the provision of electronic services.
By ticking an appropriate, separate box in the registration form the User agrees to receive unsolicited commercial information about promotions and new products available on the Website, and other services, sent by the Service Provider on its own behalf or on behalf of other entities to the e-mail address provided by the User during registration, also after the completion of the Service by the Service Provider. After the registration the User may at any time give the subject consent by activating Newsletter Option visible on the Website.
Following the conclusion of the Agreement and the provision of the Services, the Service Provider will process the following data included in the Basic Personal Data:
a) the IMSI number and the associated MSISDN SIM card number
b) the password for the account (in accordance with § 3 below)
Only with the User's consent, the Service Provider may process the following Personal Data under this § 2.3:
a) full name
b) E-mail address
c) Information on gender
d) Year of birth
e) Postal code of the place of residence
After the registration the User may at any time give or revoke the consent referred to in § 2.3 and 4 by sending his statement electronically to the Department of Support and Customer Service of the Provider at the address: [email protected]
The User declares that he is aware that due to the nature of the services provided by the Service Provider, User cannot withdraw from the agreement, but only terminate it in accordance with the principles set forth in § 8.1.
The User’s account, assigned to the email address specified in the registration form („Account ”) is created a on the Website upon registration. Account contains data provided by the User in the registration form and allows the User to make purchases, store, preview and download the ordered Products ..
In the case of any subsequent changes to the Data provided in the registration form the User should immediately update it by filing up forms available in the appropriate tab of the User’s Account.
The User is granted access to the account upon entering correct user name in the login form together with password set by the User during the Registration or Login in the Service or password automatically generated while login for the first time on to the selected mobile applications which are elements of the Service. Login to the system consists of the email address, provided during registration. In case the User forgets the password, the User shall receive a reminder by email to the address provided during registration on the Site upon proper completion of the password recovery form and verification of submitted data by the Service Provider's system.
The account is non-transferable.
The User agrees to keep the password for the account confidential. The User agrees not to allow any third parties to use the account.
The User undertakes not to submit content that is illegal, contrary to morality, affects the rights or personal rights of others.
The User shall be obliged to comply with the law while using the Service, in particular with the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended) and the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83, as amended) („Copyright ”).
Use of the Service requires a device that allows the User to access the Internet, including a program to browse its resources and accepting cookies as well as Web mail accounts.
Service Provider reserves the right to temporarily lock the account or suspend access to certain services, if it is determined that Account security is threatened. Service Provider may subject further use of the account by the User to change the password for accessing this account. After changing the password, the User immediately regains access to the account.
Service Provider reserves the right to introduce additional restrictions and blockages in the event of fraud or attempts to act to the detriment of the Website.
Service Provider reserves the right to temporarily disable the Service for repair, expansion, modification or maintenance of the equipment, or software, without prior notice to the User.
Service Provider shall not be liable for profits lost by the User or any third party in connection with interruptions or disruptions in the provision of Services referred to in § 4.1, 2 and 3.
Service Provider shall not be liable for failure to perform or improper performance (service) of services, due to third parties, for which the Service Provider bears no liability, in particular, perform or improper performance of services by telecommunication services operators, telecommunication lines operators or electricity providers.
Service Provider shall not be liable for failure to perform or improper performance (service) of services, if such failure to perform or improper performance is caused by force majeure. For the purposes of these Terms and Conditions force majeure shall include, in particular, strike, administrative decisions, judicial orders, failure of telecommunications networks or third-party gateway systems or Internet failures.
Service Provider is not liable for damage caused by computer viruses and other such software, arising out of use of the Service by the User.
Service Provider is not liable for the content posted, stored or uploaded by the User in the use of the Services.
Service Provider is not liable for any loss of password by the User or obtaining login or password for the Service by any third party and for any damage caused by acts or omissions of the User, in particular by use of the Website in violation of the law or these Terms and Conditions and damages resulting from provision of incomplete or incorrect data.
Order shall be placed by activating appropriate options visible on the Website next to each Product and completion of further proceedings in accordance with the instructions supplied to the User at every stage of the ordering process.
All prices on the Website are gross.
The User can choose the method of payment by activating appropriate options visible on the Website, available for each Product.
After choosing the method of payment User may be redirected to outside service to make payments. Payment service is provided by a third party under the terms determined in Annexes hereto or Terms and Conditions of services provided by such entity (the „Payment Service Provider ”).
After placing an order the User receives email message informing of acceptance of an order, which means that the order has been placed correctly.
The order is executed upon receipt by the Service Provider of confirmation by the Payment Service Provider of payment by the User.
All products offered or made available through the Service are subject to protection under copyright law.
The User is obliged not to transfer any Products already listened to or acquired by him through the Service to any unauthorised third party, and to ensure that unauthorised persons do not have access to these Products in a way enabling them to reproduce, distribute for a fee or free of charge or use them in any manner inconsistent with the scope of the rights granted.
If the Service Provider obtains information on violations, referred to in § 6.2, the Service Provider shall ask the User to remove the effects of violations at the expense of the User. In the event of failure by the User to comply with the request of Service Provider within 10 days from the date of receipt thereof, the Service Provider may submit a claim against the User for violation of the rights to the Product.
Service Provider hereby declares that all Products available on the Website are protected by security system to prevent their illegal use.
Every Product sold through the Website shall be individualised in such a way that any file of a copy of a given Product includes data of the transaction and the identity of the purchaser of the Product („Watermark ”). The Product shall be made available or shall be provided to the User who ordered it only with such Watermark.
Watermark does not disclose any of the User Personal Information. Service Provider shall have sole authority to decrypt and read Watermark.
User purchasing a product on the Website agree for the Product to be marked with Watermark and undertakes not to take any action to change or delete the Product Watermark.
Any use by the Service Provider of security software protecting purchased Products is intended to protect holders of rights only and to identify any breach of the use of the product referred to in these Terms and Conditions and the Copyright Law. Watermark is not intended in any way to collect any additional data about the User.
User has the right to submit complaints on matters relating to the provision of services under these Terms and Conditions in writing with the note "Complaint" to the address of the Service Provider: Audioteka S.A., ul. Domaniewska 44a, 02-672 Warsaw, or by email to: [email protected]
Service Provider shall handle each complaint within 14 working days from receipt thereof. User shall be informed of refusal of the claim by the Service Provider and its reasons in a form of an email message sent to the address of the User provided during registration. If the Service Provider does not handle the complaint within 14 days of its receipt, the claim shall be deemed accepted.
Due to the nature of the products which are audio records and the fact that following its purchase the Product is subject to installation on an appropriate data carrier, the User does not have the right to return the Product and withdraw from the Agreement subject to Art. 9.1.6) of the Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws of 2000, No. 22, item 271, as amended).
The User shall be entitled to terminate an Agreement by sending written statement to the address of the Provider: Audioteka S.A., ul. Domaniewska 44a, 02-672 Warsaw, and a copy thereof via email. User shall attach a request to stop processing of the User’s personal data provided in the registration form. If a user submits the subject request, the Agreement shall cease to apply at the time of delivery to the Service Provider of declaration made in writing and sent by mail to the address of the Service Provider, indicated above.
The Service Provider shall terminate an Agreement if the User: uses the account in a manner contrary to the Terms and Conditions, uses or attempts to use the Website in contrary to its intended purpose, breaks into or attempts to break into the servers of the Website. In such case, the Service Provider is entitled to terminate the Agreement with immediate effect.
Termination of the Agreement results in removal of the Account from the Website by the Service Provider.
The User shall not be entitled to transfer the rights or obligations under this Agreement to another entity. Service Provider is entitled to transfer the rights or obligations hereunder to an entity affiliated with the Service Provider.
These Terms and Conditions are available at the registered office of the Service Provider and on the Website.
Service Provider reserves the right to amend these Terms and Conditions at any time. Information on changes in these Terms and Conditions and the cause thereof will be made available on the Website, along with the new version of the Terms and Conditions.
All attachments hereto constitute an integral part hereof.