Marketing Booster Pack
§ 1. Preamble
These Terms and Conditions, issued on the basis of Article 8 Section 1 item 1 of the Act of 18 July 2002 on Providing Services by Electronic Means, sets forth the terms and conditions related to the provision of services by Landingi Sp. z o.o. of a product site kept at the address:
landingi.com/marketing-booster-pack/startup-booster.
In these Terms and Conditions the following terms shall have the meaning as follows:
1. Product Provider – LANDINGI sp. z o.o. with its registered office at ul. Witkiewicza 6, 44-100, Gliwice, NIP [Tax Identification Number]: 6762461659, REGON [Business Identification Number]: 122774425, entered in the register of entrepreneurs at the District Court in Gliwice, 10th Business Division of the National Court Register with KRS No. 0000449404, services@landingi.com.
2. License means a payable agreement on the use of Materials concluded between the User and Product Provider.
3. Materials mean digital materials in the form, inter alia, of Website templates made available by the Product Provider to Users for a fee.
4. User means a natural person of age, legal entity or an organizational unit to which an act of law grants legal capability and which fills the form on a product site.
5. Portal means a product site kept at the address:
https://landingi.com/marketing-booster-pack/startup-booster.
6. Agreement means an agreement on provision of services by electronic means concluded between a User and Product Provider the object of which is access to Portal where the User can purchase (obtain) Licence.
§ 2. Definitions
1. The User shall conclude the Agreement by paying for chosen Material at Portal. The conclusion of the Agreement shall require:
a. provision of personal data or company data of the User;
b. accepting the Terms and Conditions.
§3. Principles governing conclusion of the Agreement
1. Purchase (obtaining) of Licence shall require choosing the Material for which Licence will be purchased as well as making payment for the benefit. Purchase of Licence shall be effective as of receiving by Product Provider the entire license fee. The fee amount shall be each time determined for specified Materials.
§4. Purchase (obtaining) of Licence
2. Materials are available on a single type of the Licence:
a. Standard Licence means that Material can be purchased by an unlimited number of Users. A User who has purchased a standard Licence may use the Materials on the terms specified in Section 3 and Section 4 below without the possibility to grant further licences (sublicences).
3. Licence is granted by Product Provider to the User for the specified time and covers the following fields of exploitation:
a. reproduction of Materials by analog and digital technique;
b. introduction of Materials in the computer memory;
c. introduction of Materials to the computer or multimedia network;
4. The Licence shall not authorise to exercise any derivative rights.
5. The Licence is granted on the territory of the whole world.
6. Obtaining the Licence shall mean that the User may start using the Materials forthwith. In the case of Licence obtained by a consumer within the meaning of Polish law it means that in accordance with Article 38 item 13 of the Act on Consumer Rights or any other national law the User shall not be entitled to rescind the Licence. That means that the User who is a consumer who has purchased the Licence and started using the Material may not rescind the Agreement and re-gain the money paid.
7. Following the use of the Materials, the User can be also required to undertake actual actions such as recording Materials or placing them on a Website chosen by the User.
8. Product Provider shall not grant to users other than consumers any guarantees or warranties related to the Materials. Regulations related to the warranties shall be excluded in entirety. Materials are placed on Portal in the state as it is.
1. Fees for Licences can be made through PayPal or any other payment operator.
§ 5. Methods of payment, invoices
2. Product Provider shall issue VAT invoices in an electronic form.
§ 6. Obligations of the User
1. The User shall:
a. not use Portal in the manner interfering with its operation;
b. not use Portal in the manner contrary to law provisions;
c. use Portal in accordance with its intended use, according to law, in accordance with the provisions set forth in these Terms and Conditions as well as principles of community laws;
d. refrain from undertaking any actions which are contrary to commonly valid laws or good practices as well as actions infringing personal rights of other Users, third party or justified interests of the Product Provider or other Users or those of third party.
2. It is prohibited to use Portal to conduct terrorist, sabotage activity or any other criminal activity as well as infringe law or commit a tort, including in particular to place materials offensive to any person or infringing their rights, containing threats, defamatory statements, spread hatred for persons or animals or defame them, place materials of paedophile nature, displaying or promoting crime, profanity, insulting, infringing or which could infringe personal rights or any other legally protected rights of persons, to place materials which are aggressive, humiliating or supporting violence or encouraging to commit a crime. Further, it is prohibited to place advertisement communications infringing law (e.g. prohibited advertisement).
§ 7. Personal data
The Product Provider is a controller of personal data placed by the User on Portal. Full information on principles of data processing is also available in the Privacy policy available at the electronic address: https://landingi.com/privacy-policy/
§ 8. Proceedings in case of complaints
1. The User can report any comments related to operation of Portal sending a complaint form at the address: services@landingi.com
2. Such complaints should include the following information:
a. reasons for complaint and justification therefor;
b. User data;
c. specification of Materials which such complaint pertains to;
d. VAT invoice number (if it has been issued/sent).
3. Complaint forms shall be reviewed by the Product Provider within 30 days from the receipt thereof. In case of incomplete or unclear information which renders impossible reviewing a complaint within the dates specified above, the Product Provider shall request the User to complete it within 7 days. In case of ineffective summons, as referred to above, a complaint shall be left without review.
4. The Customer shall be informed of the review result related to the complaint by its current e-mail address.
5. The complaint is admitted the Product provider shall remove established irregularities.
§ 9. Miscellaneous
1. To use Portal, you need to fulfil the following technical conditions:
a. have access to Internet;
b. have an Internet browser (one of the following): update of the most recent version of Firefox, Chrome, Safari, IE, Opera.
2. The Terms and Conditions are available at the Product Provider’s registered office and at the electronic address: https://pages.landingi.com/mbp-terms-conditions in an electronic version, allowing to obtain, reproduce and record it by way of telecommunications system used by the Customer.
3. The Product Provider reserves the right to introduce amendments to the Terms and Conditions for important reasons. Amendments shall come into force upon the lapse of 14 days from publications thereof.
4. Polish law provisions, especially of the Civil Code and of the Act on the Provision of Services by Electronic Means shall apply to all the matters not regulated herein. Regulation Rome I and the Vienna Convention for Sale of Goods shall be hereby excluded. Further, relevant national law provisions related to consumer protection shall apply if the User is a consumer.
5. The parties shall undertake any reasonable measures to resolve amicably any disputes which can arise from provisions set forth herein. If such agreement cannot be achieved, then the disputes shall be examined by a common court competent over the registered office of Product Provider and in case of disputes with consumers, a competent court in accordance with the Civil Procedure Code.
6. A User who is a consumer may use out-of-court method of dispute resolution at the Permanent Amicable Consumer Court at the Silesia Provincial Inspector Office at the Trade Inspectorate in Warsaw. Information related the method of access to the above-mentioned course and procedures of resolving disputes can be found at the following address: www.uokik.gov.pl and at the address: https://konsument.gov.pl/.
A User who is a consumer may also use an EU ODR Internet platform which can be found at the address: http://ec.europa.eu/consumers/odr/.
7. Should any provision of the Terms and Conditions prove to be invalid, it shall not invalidate the entire Terms and Conditions. Relevant statutory regulations shall replace such invalid provisions.
8. These Terms and Conditions shall come into force as of 29 January 2021.