I. GENERAL PROVISIONS
1. These Terms of Service determine the rules for the provision of electronic services via the www.sciendo.com website and www.content.sciendo.com (hereinafter referred to as the “Website”) by DE GRUYTER POLAND sp.z o.o. with its registered office in Warsaw, ul. Bogumiła Zuga 32A, 01-811 Warsaw, registered in the National Court Register kept by the District Court of Warsaw, XIIIth Commercial Division of the National Court Register, under KRS number: 0000055478, NIP (fiscal identification number): 9521878738, REGON (statistical number): 017359274, share capital: PLN 1,905,000.00, hereinafter referred to as the “Service Provider”.
2. The Website is of an informative nature. The Service Provider aims at presenting, on the Website, comprehensive information on its enterprise activities, including the activities carried out under the ‘Sciendo’ brand, focusing on the provision of publishing services and services related to the publication of journals, books, materials and other content for authors.
3. Services provided by the Service Provider on the basis of contracts concluded under Terms of Service for Book Authors are not covered by the Terms of Service.
4. The Service Provider reserves the right to provide on the Website, advertising content regarding the services it offers, as well as goods and services of third parties, in forms used on the Internet. The Service Provider may also enable the Website by transferring to other websites containing offers or other content made available by third parties. The User’s use of such websites is not an element of the Website and is not subject to the Terms of Service.
5. Contact with the Service Provider is via:
a. electronic mail at the address: [email protected],
b. or by phone at the number: +48 22 701 50 15.
6. The Terms of Service are continuously, and free of charge, provided by the Service Provider on the website www.sciendo.com, in a manner enabling the Users to obtain, reproduce and record its contents by printing or saving on another medium at any time using the data transmission system as used by the User.
7. All rights to the content of the Website, including proprietary copyright and other intellectual property rights in particular to its name, the rights resulting from the Internet domain registration, the content of the Website’s webpage, as well as to forms, logotypes and any other content or data contained on the Website belong to the Service Provider or other entities with whom the Service Provider is bound by relevant agreements allowing them to benefit from those rights. Users may use those rights only in a manner consistent with the Terms of Service.
8. Data and other materials and elements available on the Website may constitute databases within the meaning of the Polish Act on the protection of databases of 27 July 2001 and be subject to the protection provided for in this Act.
9. It is prohibited to copy, reproduce, modify, multiply or distribute any part of the Website or its elements without the prior written consent of the Service Provider, except as expressly permitted by applicable law and the provisions of the Terms of Service.
10. The Service Provider informs that the use of services provided electronically may involve threats on the part of every Internet user, in particular, the possibility of introducing malicious software into the User’s data transmission system and obtaining or modifying of his data by unauthorized persons. In order to minimize the risk of such threats, the User should use appropriate technical security measures, in particular, anti-virus software and a firewall.
II. RULES FOR USING THE WEBSITE
1. Use of the Website may only be carried out on the terms and to the extent as specified in the Terms of Service.
2. Necessary technical requirements to use the Website:
a. a device with Internet access,
Google Chrome 65
Mozilla Firefox 59.0.2
Internet Explorer 11
Microsoft Edge 41
Samsung Internet 6.4
UC Browser 7.0
c. software to read PDF format files.
3. Users are prohibited from providing to the Website illegal content, in particular violating the law, good manners and third parties rights of personality.
1. On the Website the Service Provider allows the Users to use the services, including the presentation of information to the User, in particular, the activities and services provided by the Service Provider, its partners and third parties outside the Website and on the possibilities and rules of using those services by the User (the “Services”).
2. The Service Provider presents on the Website a link enabling the User to be transferred to the website www.sciendo.com/services/books-self-publishing as provided by the Service Provider, through which the User may conclude contracts under the Terms of Service for Book Authors.
3. Information provided by the Service Provider on the Website is presented free of charge.
4. The contract for the provision of the Services between the Service Providers and the User (the “Contract”) is concluded by entering the Website URL address into the browser’s address bar and terminates when the User closes the Website.
5. The Service Provider informs that the Users who are consumers within the meaning of the Polish Civil Code have the right to withdraw from the Contract, within 14 days from its conclusion, by e-mail to the address of the Service Provider as indicated in the Terms of Service. In order to withdraw from the Contract, the User may use the following MODEL WITHDRAWAL FORM.
IV. RIGHTS AND OBLIGATIONS OF THE USERS
1. Each User of the Website is obligated:
a. to use the Website, its functionalities, and the information and content presented therein in accordance with the law, good manners and the provisions of the Terms of Service, having regard to third parties rights of personality(privacy?) and intellectual property rights,
b. not to use devices, software, methods and activities that may disrupt the operation of the Website or its functionalities,
c. not to provide illegal content to the Website,
d. not to provide to the Website content unrelated to its subject, in particular, the content of an advertising or marketing nature,
e. provide own data, including contact details, only in places designated for this purpose and marked in this way on the Website.
2. The User may not conduct activities aimed at filling the mailboxes of the other Users or the Service Provider, and in particular, it is not allowed to send advertising messages to those mailboxes.
1. Complaints regarding the Services or functionalities of the Website may be submitted in writing, in the form of a registered letter, to the following address: DE GRUYTER POLAND sp. z o.o., ul. Bogumiła Zuga 32A, 01-811 Warsaw, or by sending an electronic message to the following address: [email protected]
2. The complaint should include the details of the person lodging the complaint (name and surname or company name, the address of residence or registered office, e-mail address) and a description of the event that caused the complaint. If the complaint lacks some data the Service Provider will request the User to supplement it as necessary within 7 days from the date of receipt of the request by the User.
3. The Service Provider shall consider each complaint within 30 days. A failure to consider the complaint within this period is tantamount to its acceptance.
4. The User who is a consumer within the meaning of the Polish Civil Code has, in particular, the following options for out-of-court ways of dealing with complaints and pursuing claims:
a. is entitled to apply to the Regional Inspector of the Trade Inspection with a request to initiate mediation proceedings regarding an amicable settlement of a dispute between the User and the Service Provider,
b. may also file a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
Detailed information on the above dispute resolution procedures can be found at the following address: www.uokik.gov.pl, in the ‘Polubowne rozwiązywanie sporów konsumenckich’ (Amicable solution of consumer disputes) bookmark.
VI. PERSONAL DATA PROTECTION
VII. FINAL PROVISIONS
1. The Terms of Service is available in English.
2. Reproduction or publication of the Terms of Service or parts thereof without the written consent of the Service Provider is prohibited, unless the mandatory law allows it.
3. The Contracts shall be governed by the laws of Poland. Any disputes arising out of the Contracts or related thereto shall be instituted in the Polish courts having jurisdiction over the Service Provider’s registered office, subject to the following paragraph.
4. The second sentence of the preceding paragraph shall not apply to the Contracts concluded with the Users being consumers within the meaning of the Polish Civil Code. If, however, such a User is domiciled in Poland at such time as the Contract is entered into, any disputes arising out of that Contract or related thereto shall be instituted only in the Polish courts; the same applies if such a User is domiciled outside the European Union.
5. The content of the Terms of Service may change. The new provisions of the Terms of Service do not apply to the Contracts concluded on the basis of the Terms of Service prior to their amendment.
MODEL WITHDRAWAL FORM
(you should complete and send this form only if you wish to withdraw from the contract)
To De Gruyter Open Sp. z o.o., ul. Bogumiła Zuga 32A, Warsaw 01-811, Poland, telephone (48) (22) 701 50 15, e-mail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) agreement for the provision of the following service: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ordered on (*)/received on (*): . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of consumer(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address of consumer(s): . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of consumer(s) (only if this form is notified on paper): . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(*) Delete as appropriate.