Terms and conditions

REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES VIA HTTPS://DESMART.COM

These Regulations for the provision of electronic services (hereinafter referred to as “Regulations”) define the general conditions, rules, and method of providing services by electronic means by DeSmart sp. z o.o. with its seat in Gdynia (81-374), ul. Sienkiewicza 44/1, Poland, entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register under the number 0000681984, NIP: 5862319297, REGON: 367498116, share capital: PLN 20,000.00 (hereinafter referred to as
“Service Provider “) via the website https://desmart.com (hereinafter referred to as the” Site “) in accordance with Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, with subsequent amendments).

1. General provisions

1. The use of the Site may only take place on the terms and to the extent specified in the Regulations.
2. All rights to the Site, including proprietary copyrights, intellectual property rights to its name, its Internet domain, as well as to the content posted on the Site, such as text, graphics, logos, icons, images, photos, audio files, video, data files (including e-books), presentations, programs and any other data (hereinafter referred to as “Content”) belong to the Service Provider, and their use may only take place in a manner specified and in accordance with the Regulations.
3. The Service User is not entitled to: 
   1. disseminate, distribute and place on a market, in whole or in part, the Content; 
   2. interfering with the Content; 
   3. removing the owner markings and technical security features in the Content.
4. Use of the Site is deemed as an acceptance of the Regulations. The Regulations are continuously and free of charge made available to the Service Users in a way that allows them to download, open, print, and save the Regulations on another medium.
5. The Service User is not entitled to any interference with the content, structure, form, graphics, or the functioning of the site.
6. It is prohibited to provide unlawful content and use of the Site or electronic services provided by the Service Provider in a manner contrary to the law, morality, in a way that infringes the personal rights of third parties or legitimate interest of the Service Provider.
7. Definitions:

1. Service User – means a natural person, a legal person, or an organizational unit without legal personality, that uses the electronic services in accordance with these Regulations;
2. Service Provider – DeSmart sp. z o.o., whose data are provided at the beginning;
3. Electronic service – action is taken to meet the specific needs of the Service User, which takes place by sending and receiving data via ICT systems, at the individual request of the Service User, without the simultaneous presence of the parties, and the data is transmitted via public networks within the meaning of the Telecommunications Law;
4. Site – website https://desmart.com;
5. Telecommunications Law – the Act of July 16, 2004 – Telecommunications Law (Journal of Laws No. 171, item 1800, as amended);
6. Newsletter – an electronic bulletin sent to the Service Users via e-mail after they subscribe to it;
7. e-book – publication in pdf or epub format;
8. ICT System – means a set of IT devices and software working together to ensure the processing and storage, as well as sending and receiving, of data via telecommunications networks using the end device, as defined in the Telecommunications Law, appropriate for the given type of network;
9. Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, and in particular electronic mail;
10. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).

2. Electronic services available on the Site and terms of use

1. The following Electronic Services are available on the platform: 

1. Registration for an event organized by the Service Provider;
2. Sending the Newsletter;
3. Sending the e-book;
4. Submission of a complaint.

2. The use of Electronic Services by the Service User may require the Service User to provide his personal data. The rules for the processing of the Service User personal data by the Service Provider are set out in the DeSmart Privacy Policy, available here.
3. To use the electronic service:

1. regarding registration for an event – fill in the registration form for the event, select the required fields and click the accept button (e.g. “Send”);
2. in relation to the Newsletter – fill in the appropriate form, give voluntary consent to the sending of commercial information by electronic means, and click the acceptance button (e.g. “Send” or “Order”);
3. regarding an e-book – fill in the appropriate form, give your voluntary consent to the sending of commercial information by electronic means and click the acceptance button (eg “Send” or “Order”);
4. with regard to submitting a complaint – the content of the complaint should be sent by e-mail to the e-mail address hello@desmart.com or using the appropriate form.
5. As part of the electronic service, registration for an event organized by the Service Provider, the Service Provider may send to the e-mail address provided by the Service User:

1. agenda;
2. information on participation costs;
3. information about changes or cancellation of the event;
4. certificate of participation.

5. Details of participation in the event are specified in the relevant regulations of the event.
6. The contract for the provision of electronic services registration for an event organized by the Service Provider shall expire upon its performance.
7. The electronic service of the Newsletter is provided by the Service Provider to Service Users who have provided their e-mail address for this purpose. The Newsletter contains information about the Service Provider, its products, and the current offer. The newsletter is sent only to people who have subscribed and agree to receive it.
8. The Electronic Service Newsletter is provided free of charge for an indefinite period. The User Service has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to Service Provider, in particular via e-mail to the following address: hello@desmart.com or by using the provided functionality (e.g. “Unsubscribe from the Newsletter”).  
9. The electronic e-book service is provided by the Service Recipient in a form of a free e-book which is sent to the e-mail address provided by the Service User. E-books can be sent only when prior consent has been granted by Service User. The service is performed after sending the e-book to the Service User’s address.
10. The Service User is entitled to use the Site and electronic services only for his own use. It is not allowed to use the resources and functions of the Site to conduct commercial activity by the Service User or one that would infringe the interests of the Service Provider.
11. When using electronic services, the Service User is not entitled to:

1. post personal data of third parties and disseminate the image of third parties without their consent or permission required by law,
2. posting advertising and/or promotional content,
3. in addition, it is forbidden for the Service Users to post any content that could, in particular: be posted in bad faith, e.g. with the intention of infringing personal rights of third parties; violate any rights of third parties, including rights related to the protection of copyrights and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations, – be offensive or constitute a threat to other persons, would contain vocabulary that violates good customs (e.g. by using profanity or terms commonly considered offensive), conflict with the interests of the Service Provider, otherwise violate the provisions of the Regulations, good manners, applicable law, social or moral norms.

3. Technical requirements and threats related to the use of electronic services

1. The minimum technical requirements to use the Site are:

1. Internet access,
2. access to active e-mail,
3. access to the Internet browser at least Internet Explorer 8 or Chrome 16 or Firefox 10 or Opera 11 or Safari 5 or newer, Javascript enabled, accepting files like cookies and internet access with a bandwidth of at least 256 kbit / s. The Site is optimized for a minimum screen resolution of 1024×768 pixels. The scope of the Service Provider’s use of cookies is specified in the DeSmart Privacy Policy available here. 

2. The Service Provider indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying service users’ data by unauthorized persons, therefore service users should use appropriate technical measures that minimize the above risks. In particular, the Service Provider recommends using anti-virus programs and to protect the identity of those using the Internet. 
3. The Service Provider uses technical and organizational measures appropriate to the degree of risk, including measures to prevent the acquisition and modification of personal data sent via the Internet by unauthorized persons – to ensure the security of messages and data provided on the Site.
4. The Service Provider reserves the right to suspend or terminate the provision of individual functionalities of the Site due to the need for maintenance, inspection, or expansion of the technical base, if it does not infringe the rights of the Service User.
5. The Service Provider shall inform the Service User, upon his request, about the specific threats related to the use of electronic services, as well as the functions and purpose of software or data not being a component of the content of the service, introduced by the Service Provider to the ICT system used by the Service User.

4. Complaints

1. Complaints related to electronic services may be submitted by the Service User in the electronic form to the Service Provider’s address: hello@desmart.com or via an appropriate form. A correctly submitted complaint regarding services provided electronically should contain at least the following data:

1. indication of the Service Recipient,
2. the subject of the complaint,
3. circumstances justifying the complaint.
4. The Service Provider will respond to the complaint of the electronic service to the e-mail address provided by the Service User – immediately, no later than within 14 calendar days from the date of receipt of the complete complaint. The Service Provider will immediately notify the Service User of any deficiencies in the complaint, informing him about the method of completing the complaint.

5. Final provisions

1. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.
2. Recognizing any provisions of these Regulations as invalid shall not affect the validity of the remaining provisions.
3. The Regulations shall apply from 05.02.2022r.