Terms & Conditions

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I. PRELIMINARY PROVISIONS

1. The Holistic.news Internet Portal, which consists of Services defined in Chapter II (Definitions), is made available to Users  by the “FIDUCIA” Foundation, Dworkowa 2, 43-300 Bielsko-Biała, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw under KRS number 0000817648, NIP: 6793193289, REGON 385030729, hereinafter referred to as the Service Provider or “Holistic.news” or “Holistic.news Portal”

2. The Holistic.news portal operates on the terms set out in these Regulations.

3. Users have the opportunity to use third-party websites and services via the Holistic.news Portal through appropriate links to third-party websites. In the situation described in the previous sentence, the regulations or other documents specified by third parties providing a given service or providing a given website shall apply, and the Service Provider is not a party to contracts for the provision of electronic services concluded between the User and a third party. Liability for services provided to Users by third parties is determined by the relevant agreements concluded by the User with third parties.

4. The Regulations define the general principles constituting the legal basis for using the Holistic.news Portal. Each User is obliged, at the moment of taking actions aimed at using the Services or Services on the Holistic.news Portal, to comply with the provisions of these Regulations.

5. With the exception of Services and Services specified in specific regulations, including separate regulations, price lists, technical specifications, information, etc., all Websites and Services provided on the Holistic.news Portal are subject to these Regulations.

6. Before starting to use the Holistic.news Portal, in particular the Services and Services available on the Portal, Users are obliged to read the Regulations. By using the Holistic.news Portal in any way, the User declares and confirms that he has read the content of these Regulations, accepts its provisions and undertakes to comply with them.

7. In matters not covered by these Regulations, the applicable provisions of Polish law shall apply, and any disputes shall be resolved by competent Polish courts.

II. DEFINITIONS

1. Holistic.news Portal – an online platform consisting of a website and other Internet tools made available via the Internet, owned by the Foundation of the “FIDUCIA” Foundation  and available at www.holistic.news or at another address to which the rights belong to the “FIDUCIA” Foundation

2. User – any person who in any way uses the Holistic.news Portal and the Services available on the Holistic.news Portal;

3. Services – websites (www) separated within the Holistic.news Portal offered to Users under individual domains, the rights to which are vested in the  “FIDUCIA” Foundation.

4. Partner – any entity cooperating with  the “FIDUCIA” Foundation on the basis of an appropriate agreement;

5. Services – services provided electronically by the Service Provider to Users available on the Holistic.news Portal, enabling, in particular:

a) getting acquainted with the materials prepared by the Holistic.news Portal or Partners,

b) using the IT mechanisms functioning within the Websites,

c) use of other Internet resources;

6. Materials – texts, photos, graphics, charts, video materials, multimedia materials, etc., in particular constituting a work within the meaning of the Act on Copyright and Related Rights.

III. RULES OF USE OF THE HOLISTIC WEB PORTAL. NEWS

1. As part of the Holistic.news Portal, the User may use in particular the following Services:

a) read the Materials made available in such a way that the User has access to them at a place and time chosen by him/her, regardless of the type and mode of operation of the device or application used by the User for this purpose, through the Holistic.news portal website or as part of telecommunications services via telephones and other mobile devices (e.g. sms/mms) or via RSS channels;

b) post Materials in order to present them on the Holistic.news Portal as part of the hosting service provided by the Service Provider, consisting in providing the User with space on the Service Provider’s servers;

c) use search engines, maps, etc.;

d) use Social Networking Services enabling the presentation of the User, establishing and maintaining contacts between individual Users in order to exchange views and information, in particular as part of chats, discussion forums, etc.;

2. The provision of Services to Users on the Holistic.news Portal takes place under the conditions set out in these Regulations, with the exception of Services described in separate regulations.

3. Subject to point 4 below, the contract for the provision of Services on the Holistic.news Portal is concluded between the Service Provider and the User when the User enters the relevant URL of the Holistic.news Portal website in the web browser, while the contract for the provision of Services on the Holistic.news Portal is terminated when the User closes the Holistic.news Portal website.

4. The procedure and conditions for concluding and terminating contracts for the provision of Services specified in separate regulations are specified in individual regulations regarding these Services.

5. Unless separate specific regulations regarding a given Service or a given Website, referred to in Chapter I, point 6 of these Terms and Conditions, provide otherwise, the User’s use of the Service on the Holistic.news Portal is free of charge.

6. The Portal presents Materials, including information content and advertising content referred to in point 7 below.

7. The Service Provider has the right to post on the Holistic.news Portal advertising content regarding the services and goods of the Service Provider or Partners. The advertising content referred to in the previous sentence is an integral part of the Holistic.news Portal and the Materials presented therein.

8. Holistic.news reserves the right to limit access to some or all of the content presented on the Portal by selected Users in the event that these users use hardware or software affecting the manner of receiving the content presented on the Portal, including in particular limiting or excluding the publication of specific content from the Portal.

9. All comments, comments and questions related to the Holistic.news Portal should be sent to: redakcja@holistic.news

IV. INTELLECTUAL PROPERTY

1. The Holistic.news Portal and the Materials contained therein, including works, trademarks, databases, their selection and compilation on the Holistic.news Portal, are subject to protection provided for in the applicable provisions of law, in particular in the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631, consolidated text, as amended),  Act of 27 July 2001 on the protection of databases (Journal of Laws of 2001, No. 128, item 1402, as amended), Act of 30 June 2000. Industrial Property Law (Journal of Laws of 2013, item 1410, as amended) and the Act of 16 April 1993 on combating unfair competition (Journal of Laws of 2003, No. 153, item 1503, consolidated text, as amended).

2. The rights to works, trademarks and databases made available on the Holistic.news Portal are vested in the Service Provider or third parties. If the said rights are vested in third parties, the Service Provider presents works, trademarks and databases on the Holistic.news Portal on the basis of relevant agreements concluded with these persons, in particular license agreements and agreements on the transfer of copyrights, or on the basis of applicable law.

3. By using the works or databases made available on the Holistic.news Portal, Users do not acquire any rights or licenses to these works or databases.

4. Without the prior consent of the Service Provider, Users may use the Holistic.news Portal and the works and databases contained therein only within the scope of permitted use provided for in the Act on Copyright and Related Rights and the Act on the Protection of Databases. In particular, it is unacceptable:

a) reproduction, modification, blocking, public reproduction and public making available on the Internet the Holistic.news Portal or its parts or works posted on the Holistic.news Portal or parts thereof, except for cases indicated in the applicable provisions of law;

(b) extraction of the contents of databases and re-utilisation of all or substantial parts thereof in terms of quality or quantity.

5. By posting Materials on the Holistic.news Portal, the User declares that the Materials in question are free from any physical and legal defects and claims of third parties, and that he has all the rights and consents required by applicable law, in particular economic copyrights and rights to use the image, so that the Materials can be made available on the pages of the Holistic.news Portal and this will not violate any rights or goods of third parties, and declares that the content and form of the Materials does not violate applicable laws.

V. RIGHTS AND OBLIGATIONS OF THE USER OF THE HOLISTIC WEB PORTAL. NEWS

1. The User undertakes to use the Holistic.news Portal in accordance with applicable law, social and moral standards, the provisions of these Regulations and the principles of social coexistence on the Internet (netiquette), and in particular to:

a) not to post content supporting or expressing radical social attitudes (any kind of racial, ethnic, gender, religious discrimination, etc.);

b) not to post vulgar or profanity content;

c) not to post content generally considered offensive and inconsistent with morality;

d) not to post content promoting the use of drugs or unauthorised drugs, promoting excessive alcohol consumption, containing links to websites violating the law or decency or containing personal data, contact details or e-mail addresses;

e) not to distribute pornographic content;

f) not to engage in commercial, advertising or promotional activities,

g) it is unauthorized to carry out any penetration tests and security tests of the Holistic.news Services / Portal.

2. The User undertakes not to infringe the rights, in particular economic copyrights, or the goods of third parties.

3. The User bears sole responsibility for the Materials posted by him on the Holistic.news Portal, in particular he is responsible for any violation of the rights or goods of third parties and damages in this respect.

4. It is forbidden for the User to provide illegal content to the Holistic.news Portal.

VI. LIABILITY

1. The User is responsible for:

a) the manner in which the User uses the Holistic.news Portal and for any resulting consequences;

b) Materials, including comments, posted on the Holistic.news Portal by the User;

c) damages resulting from actions of the User inconsistent with applicable law or the provisions of these Regulations;

d) information downloaded from the Internet, in particular from the Holistic.news Portal, for the effects of their use by the User and for their usefulness for the User.

2. The User is aware of the threats occurring on the Internet, in particular in the scope of possible intrusions into the User’s system, password takeovers by third parties, infection of the User’s system with viruses and damage that may arise in such cases. You must keep your password for certain Services confidential.

3. The Service Provider shall:

a) exercise due diligence to ensure that the use of the Services and Services takes place in accordance with the Regulations and meets all the requirements set out in the regulations of individual Websites, Services, at the same time the Service Provider informs that there may be problems with access to the Services, Websites, in particular caused by hardware, software or network parameters inconsistent with the requirements indicated in the individual regulations of the Services, Services;

b) informs that technical problems or technical limitations of the computer equipment used by the User (firewalls – blockades, incorrect versions of the media player, anti-virus programs and others) may limit or enable the User to access the Services, Services or affect their quality;

c) reserves the right to limit access to some or all of the content (Materials) presented on the Holistic.news Portal in the case of using hardware or software by these Users affecting the manner of receiving the content presented on the Holistic.news Portal, including in particular limiting or excluding the publication of specific content from the Website.

d) due to the independent properties of the Internet and the User’s computer equipment, the Service Provider does not guarantee uninterrupted and uninterrupted access to the Services and Websites.

VII. TECHNICAL CONDITIONS NECESSARY TO USE THE SERVICES ON THE HOLISTIC WEB PORTAL. NEWS

1. Access and use of the Holistic.news Portal (Services/Services) is possible for Users on the operating system platforms: MS Windows Vista, MS Windows 7 and 8, MS Windows XP SP-3, MacOS X 10.4.8 or their newer versions, on any type of computer that meets the requirements of the above-mentioned operating systems and through any type of Internet connections with a bandwidth of at least 700 kilobits / s,  using web browsers: Microsoft Internet Explorer 8.0 or later, Mozilla FireFox 20.X or its newer version, Apple Safari 4.X (only version for MacOS) or its newer version and Google Chrome 23.X (only version for MS Windows) or its newer version. In order to fully display the content of the Holistic.news Portal, it is also necessary to enable cookies and JavaScript in the web browser. It is recommended that the User, before using the Services of the Holistic.news Portal, check whether his computer equipment meets the technical requirements set out in these Regulations.

2. Separate regulations for individual Services may specify additional technical conditions necessary to use these Services.

VIII. PRIVACY POLICY

1. The Service Provider informs that when using the Holistic.news Portal, short text information called “cookies” (hereinafter: “cookies”) or other technologies (e.g. local storage) are saved on the User’s computer. The installation of “cookies” is necessary for the proper provision of Services on the Holistic.news Portal. “Cookies” contain information necessary for the proper functioning of the Services, in particular those requiring authorization.

2. The content of cookies does not allow to identify the User. No personal data is processed or stored using cookies.

3. Detailed information on the privacy policy, in particular the use of Cookies or other technologies (local storage) is contained in separate regulations regarding individual Services and the document Privacy Protection Policy of the  “FIDUCIA” Foundation available to all Users at holistic.news

IX. PERSONAL DATA

1. In the case of using certain Services on the Holistic.news Portal, the User may provide their personal data – providing personal data is voluntary, however, it may be necessary to provide the Service on the Holistic.news Portal. The processing of Users’ personal data by the Service Provider will take place in accordance with the applicable provisions of law, in particular in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2015, 2135, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, 1422, as amended).

2. The administrator of Users’ personal data is  the “FIDUCIA” Foundation with its registered office in Bielsko-Biała at Dworkowa 2 (43-300 Bielsko – Biała), unless a separate regulations or form regarding a given Service provides otherwise.

3. The Service Provider will process Users’ personal data only for the purpose of performing a given Service and to the extent necessary to perform it. The processing of Users’ personal data for a purpose other than that indicated in the previous sentence will take place only after obtaining the User’s consent and to the extent indicated in the said consent.

4. Each User has the right to inspect their personal data, as well as the right to correct them and request their removal. For this purpose, please write to the Service Provider at the  address Fundacja “FIDUCIA”, Dworkowa 2, 43-300 Bielsko – Biała or send a message by e-mail to the following address: iod@cavatinahall.pl. If personal data are necessary to perform a given Service, a request to delete such personal data is tantamount to a statement on the termination of the contract for the provision of a given Service.

X. COMPLAINT PROCEDURE

1. Each User of the Holistic.news Portal has the right to lodge a complaint in matters related to the functioning of the Holistic.news Portal.

2. Complaints should be submitted electronically to the following address: redakcja@holistic.news or by post to the following address: Fundacja “FIDUCIA”, Dworkowa 2, 43-300 Bielsko – Biała.

3. The Service Provider shall consider the complaint within 14 days from the date of its receipt.

4. A response to the complaint will be sent to the User to the address provided by the User in the complaint.

5. The Service Provider reserves the right to extend the deadline specified in point 3 above – by no more than 10 days – in the event that the examination of the complaint requires unusual, special actions and arrangements or encounters obstacles independent and not attributable to the Service Provider (equipment failures, Internet network failures, etc.). The Service Provider also reserves that consideration of the complaint may require obtaining additional explanations from the User – the time of providing explanations by the User each time extends the period of considering the complaint.

6. The User who is a consumer has the possibility to use the out-of-court dispute resolution method before the Permanent Arbitration Court in Krakow at the Małopolska Provincial Inspector of Trade Inspection in Krakow http://www.krakow.wiih.gov.pl/Content/Page/staly_sad_polubowny. Information about the procedure and a list of entities entitled to resolve consumer disputes can be found at the following address: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

7. All information about violations should be sent to redakcja@holistic.news.

XI. FINAL PROVISIONS

1. The law applicable to legal relations resulting from the use by Users of the Services, Services of the Holistic.news Portal is Polish law.

2. Disputes between the Service Provider and the consumer regarding the provision of individual Services may be settled amicably through proceedings before an arbitration court on the terms set out in the rules of that court, e.g. before permanent consumer arbitration courts at provincial inspectors of trade inspection, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (i.e. Journal of Laws of the Republic of Poland).  of 2009 No. 151, item 1219), on the principles set out in the Regulation of the Minister of Justice of 25 September 2001 on determining the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws of 2001 No. 113, item 1214).

3. A dispute between the Service Provider and a consumer may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.

4. Subject to the next sentence, the Service Provider reserves the right, to the extent permitted by applicable regulations, to make changes and modifications to these Regulations, including in particular in the event of changes in applicable law.

5. Amendments to the Regulations will be communicated to Users on the Holistic.news Portal. Any amendments to the Regulations become effective at the moment of their publication on the Holistic.news website. After publication, at www.holistic.news or in other places designated for this purpose on the Holistic.news Portal, information about changes in the Regulations, the User should immediately read the changes, because the use of the Services or Services after such announcement constitutes acceptance of the new content of the Regulations by the User.

Krakow, 02 March 2023