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T.Konopka

FIBARO.COM PORTAL REGULATIONS

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FIBARO.COM PORTAL REGULATIONS


I. GENERAL PROVISIONS

1.       Definitions:

1.1. Regulations – these regulations of the FIBARO HOME INTELLIGENCE portal available at the

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domain together with its subpages and subdomains (the “Portal”) applicable at the Portal, except as other specific terms are reserved for specific services offered within the Portal, where in such case such terms shall apply to such services.

1.2. Service Provider – FIBAR GROUP Spółka Akcyjna with its registered office in Poznań (60-421) at ul. Lotnicza 1, entered into the Register of Business Entities of the National Court Register of the District Court for Poznań - Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000553265, NIP [Tax Identification Number] 7811858097, REGON [Statistical Identification Number] 30159566400000, with share capital of 1,182,100.00 zlotys, fully paid up.

1.3. User – a natural person using the electronically supplied Services provided by the Service Provider.

1.4. Services – any and all electronically supplied services provided by the Service Provider to the Users based on these Regulations.

1.5. Providing an electronically supplied service – performing a service which is effected by sending and receiving data via ICT systems, at the User’s individual request, without simultaneous presence of the parties, whereas the data are transmitted via public networks in the meaning of the Telecommunication Law.

2.       The Portal is operated by FIBAR GROUP Spółka Akcyjna with its registered office in Poznań (60-421) at ul. Lotnicza 1, entered into the Register of Business Entities of the National Court Register of the District Court for Poznań - Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000553265, NIP 7811858097, REGON 30159566400000, with share capital of 1,182,100.00 zlotys, fully paid up.

3.       These Regulations are made available by the Service Provider, free of charge, before concluding an agreement for electronically supplied services, as well as at the User’s request, in a manner enabling to retrieve, display and record the contents thereof by the ICT system used by the User.

4.       In order to avail oneself of the Services fully and properly, it is necessary to possess devices enabling to use Internet resources, an e-mail box, and a web browser making it possible to display www pages (it is advised to use the following web browsers in the newest versions, with 'cookies' enabled:

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).

II. USER

1.       The Status of the User is acquired by each natural person using the Portal, who has the capacity to enter into legal transactions to the extent as necessary. Using the Portal is voluntary. By using the Portal, the given person represents that they have familiarised themselves with the full text of the Regulations and accept all the provisions thereof in full and unconditionally. If the given person does not accept any of the provisions of the Regulations, they are obliged not to use the Portal.

2.       It is possible for the Users to access the Portal at two levels:

2.1.        Of an unregistered User (this enables to use the content of the Portal and some contents of the Forum which are available to unregistered Users),

2.2.        Of a registered User (this enables to use the content of the Portal and the Forum).


III. REGISTRATION

1.       In order to register, it is necessary for the User to fill in the form generated by the Portal (hereinafter the "Form"). In order to fill in the Form, the User is obliged:

1.1.        to share data which are requested within the Form,

1.2.        to provide a password, whereas the password must contain at least 8 characters, including letters and numbers, lowercase letters and uppercase letters, and special characters,

1.3.        to accept the contents of the Regulations and of the Privacy Policy.

2.       Once the User has filled in the form and clicked the "Create my account" option, the User will be sent, to their e-mail address provided in the Form, a message confirming that the process of registration on the Portal has been completed and requesting them to click a link to activate the User account (hereinafter: the "Account").

3.       While registering, it is the User that is exclusively responsible for the accuracy, contents and form of the data and information provided. It is prohibited to provide false information or data, in particular third-party data or fictitious data. A User who provides such data or information shall be held liable in this respect.

4.       Upon the registration, the User consents to:

4.1.        the Service Provider’s collecting, processing and using any and all personal data provided, only to the extent necessary for the purpose of providing the services within the Portal. The detailed terms regarding personal data and protection thereof are set out in section XI of the Regulations

4.2.        to receive, at the e-mail address provided in the registration form and at their Account, system messages.


IV. DEREGISTERING FROM THE PORTAL

1.       The User has the right, any time, to demand deregistration, namely deactivation of their Account. Such a demand should be communication via e-mail to be sent from the address provided by the User while registering the Account, to the address specified under the Contact bookmark at the bottom of the

Please login or register to see this link.

page or to the following e-mail address: [email protected] The Service Provider will deactivate the User’s profile within no more than 7 business days from the date the demand is served.

2.       If, at the User’s request, any of the personal data provided in the Form is removed or the User withdraws their consent to personal data processing in relation to the services provided within the Portal, or withdraws the acceptance of the Regulations or the “Privacy Policy” available at

Please login or register to see this link.

it will be impossible for the Service Provider to continue to provide the services, and hence it will result in deactivating the User’s Account.

3.       Furthermore, the Account may be deactivated as a result of the User’s breach of the Regulations, including but not limited to providing untrue data, breach of other Users’, the Service Provider’s, or third-party rights.

4.       The Service Provider’s decision to deactivate the Account will be communicated to the User via e-mail to the address provided upon registration.


V. INTELLECTUAL PROPERTY

1.       Any and all materials held in the Portal resources, including but not limited to texts, images, infographic, video material, audio material, and the content and graphic selection and layout, compilations and databases, signs, lists and reports, are subject to rights in intangible goods to works or databases of the Service Provider, the Users or third parties, and are subject to protection as provided for in applicable provisions of law, including but not limited to the Act on Copyright and Neighbouring Rights dated 4 February 994 (Dz.U.06.90.631 consolidated text as amended), the Act on Databases Protection dated 27 July 2001 (Dz.U.01.128.1402 as amended), the Act dated 30 June 2000 – the Industrial Property Law (Dz.U.03.119.1117 consolidated text as amended), the Act on Combating Unfair Competition dated 16 April 1993 (Dz.U.03.153.1503 consolidated text as amended) and international conventions to which the Republic of Poland is a party.

2.       It is inadmissible for the Users to use the materials referred to in paragraph 1 above in an extent exceeding the permissible private use (fair use) under applicable provisions of law. In particular, the following are prohibited: modifying, blocking, public playing and public sharing of those materials and posting the same on other websites or sharing the same with third parties otherwise in a manner exceeding the permissible private use; posting links to the Portal in a manner making it difficult or impossible to learn the source of the materials; multiplying the materials on media, and disseminating and putting into circulation the copies so made; disseminating adaptations of the materials or the layout, regardless of the reasons or purpose of such dissemination.

3.       By using the contents available from the Portal, the Users acquire no rights nor do they obtain a licence to those works or databases.

4.       By posting any contents and files or programs available for downloading by other Users (the “Files”) on the Portal, the User represents that such Files are free from any physical and legal defects and third-party claims, and that the User has any and all rights required by applicable provisions of law, including but not limited to the author’s economic rights and rights to use the image, so that the contents and the Files may be shared on the Portal and it will not result in a breach of any third-party rights or interest, and represents that the contents and form of the content and Files posted by them are not in breach of applicable provisions of law.


VI. COMPLAINT PROCEDURE

1.       Each User shall have the right to lodge a complaint regarding the functioning of the Portal.

2.       Complaints shall be lodged by e-mail to the address specified under Contact bookmark at the bottom of

Please login or register to see this link.

page or to: [email protected]

3.        The Service Provider shall process the complaint within 14 days following the receipt thereof.

4.       A reply to the complaint shall be sent to the User to the address stated in the complaint.

5.       The Service Provider reserves the right to extend the timeframe referred to in paragraph 3 above – by no more than 10 days – if processing the complaint requires non-standard, extraordinary actions and findings or faces obstacles which are beyond the control of and are not attributable to the Service Provider (failures of equipment, Internet, etc.). Furthermore, the Service Provider reserves that in order to process the complaint it may require the User to provide further clarifications – the period until the User provides the clarifications shall each time prolong the complaint processing time.).

6.       For help regarding the functioning of the Portal please contact: [email protected]

 


VII. ENTERING INTO AND TERMINATING THE AGREEMENT

1.       The agreement for electronically supplied services is entered into by the User at the moment when the Service Provider commences the provision of the Service, namely (1) at the moment of entering the Portal URL page in case of services which may be used without registration required, (2) after registration or logging in case of services whose provision requires registration.

2.       The agreement for electronically supplied services shall terminate upon:

2.1.        the User’s leaving the Portal,

2.2.        the User’s deregistering or logging off the Portal,

2.3.        the Service Provider’s decision to terminate the agreement, which may result in particular from the following:

2.3.1.     the User’s breach of the provisions of the Regulations,

2.3.2.     the User’s refusal to provide the Service Provider with necessary consent or data necessary for the provision of the given Service,

2.3.3.     technical problems on the part of the User, which cause difficulties in the Service Provider’s providing the Service to the User.

VIII. SERVICES WITHIN THE PORTAL

Making the Portal content available

1.       At each individual demand by the User, the Service Provider provides the service of displaying a page located on the Portal. In particular, texts, images, infographics, video materials, audio materials relating to building automation and products offered for sale by the Service Provider, shall be available within the Portal.

2.       The status of a registered User is not required in order to view the Portal contents.

Forum

1.       Within the scope of providing the service of the Forum, the Service Provider enables the registered Users to exchange information, comments and opinions on the topics contained on the Portal through posting and maintains the Users’ posts on the forum which is an element of the Portal (hereinafter: the "Forum").

2.       Apart from using a nick, a User may identify themselves using a graphic – an avatar, including one created using the Gravatar service available at

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meeting the following requirements: file format: gif, jpeg, jpe, jpg, png, maximum size: 0.29 MB. Furthermore, the graphic must not contain pornographic content, content widely regarded as offensive, causing disgust, or otherwise in breach of the provisions of the Regulations. If the graphic fails to meet the requirements regarding the size or weight, it shall be automatically rescaled. If the graphic is in breach of the prohibited content, the Service Provider may remove it or replace it with a standard one.

3.       It is prohibited to publish on the Forum contents which:

3.1.         are in breach of Internet conventions rules (Netiquette),

3.2.         are in breach of personal interest of the Forum users or third parties,

3.3.         are aimed at provoking an argument,

3.4.         constitute spam, contain advertising content or constitute unsolicited commercial communication,

3.5.         contain vulgarisms or links to websites containing obscene materials, pornography, illegally shared software or illegally shared copyrighted works,

3.6.         contain unlawful content, in particular content which infringe third-party rights in any manner whatsoever, including but not limited to the right to a trademark, logo or designation of origin, copyright of third parties;

3.7.         contain content constituting a form of a punishable offence or minor offence against public order, or which are in breach of private law, as well as content promoting, encouraging or offering instructions for illegal activities, in particular hacking, cracking or phreaking;

3.8.         contain software, information or other materials containing viruses, “Trojans”, data containing “bugs”, or other harmful or damaging elements;

3.9.         otherwise disturb the functioning of the Forum,

3.10.      are otherwise in breach of the provisions of the Regulations or applicable provisions of law in any manner whatsoever.

4.       The Service Provider shall have the right to remove posts and Files which are in breach of the provisions of paragraph 3 above, as well as other regarded as burdensome or redundant considering the topic of the Forum discussion. The Service Provider may reword the comments in order to remove elements which are in breach of the provisions of paragraph 3 above.

5.       A User who publishes their posts on the Forum, hereby authorises the Service Provider, free of charge:

5.1.         to save the published posts in the computer memory,

5.2.         to process the same digitally in order to adjust them to the Portal requirements,

5.3.         to publish and disseminated the posts submitted by the User in the Internet,

5.4.         to incorporate the same (or fragments thereof) into other works and to make adaptations,

5.5.         to make copies using a selected technique, including technique of printing, reprography, magnetic recording, and digital technique, in any format whatsoever,

5.6.         to disseminate the posts on any audio-visual medium, including a magnetic medium and all types of media designated for digital recording, as well as in print,

5.7.         to include the posts in databases.

6.       A User who shares Files on the Portal is fully and exclusively liable for the content and form of such Files.

7.       Before downloading a File, the User shall be obliged to familiarise themselves with the scope of the licence and technical requirements regarding installation or other recommendations and regulations regarding the use of such a File.

8.       Users are obliged to use the Files in accordance with the licence under which they are granted.

9.       The Service Provider shall not be liable for the Users’ using the Files not in compliance with the licence or other recommendations and regulations regarding the use of such Files.

10.   The Service Provider shall not be liable for proper functioning of the Files downloaded by the Users or for the consequences of the Users’ installing the Files downloaded from third parties via the Portal. The Users shall download the Files at their own risk.

11.   The detailed terms for submitting and downloading Files on the Form constitute a part of these Regulations and are contained in separate documents: the Submission Terms and the Downloading Terms, available at

Please login or register to see this link.

By submitting or downloading Files, the User represents that they have familiarised themselves with the Submission Terms or the Downloading Terms, and that they accept all the provisions thereof in full and unconditionally. If they do not accept any of the provisions of the Submission Terms or the Downloading Terms, they are obliged to refrain from submitting or adding respectively the Files on the Forum.

 

IX. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND THE USER

1.       The Service Provider undertakes to provide the electronically supplied Services.

2.       The Service Provider shall make every effort that the Portal functions on a continuous basis. The Service Provider reserves the right that breaks may occur in the functioning of the Portal for updating data, repairing errors or carrying out other maintenance works, as well as for other reasons outside the Service Provider’s control, about which the Service Provider shall inform the Users, as far as technically possible, in a manner available to the Service Provider, in particular by posting a message to this end on the Portal website.

3.       The Service Provider reserves the right:

3.1.         to change the Accounts parameters;

3.2.         to change the functional features and capabilities of the Portal, in particular the scope and type of the Services and functionalities;

3.3.         to turn off the Portal temporarily without prior notice, in particular due to modification of the Portal;

3.4          to remove, for serious reasons, the entire content of the Portal servers or to cease the provision of the Service completely, upon prior notice to the Users on the Portal;

3.5.         to cease to provide the Services within the Portal in respect of a User who is in breach of the provisions of the Regulations.

4.       The User shall be obliged to use the Portal in accordance with the intended purpose thereof and to abide by the terms of the Regulations. While using the Portal, the Users are obliged to act in compliance with law, principles of social coexistence, and good practice, and to abide by widely accepted principles of conduct applicable to all Internet users, which are intended to protect their interest and interest of third parties (Netiquette). In particular, the User is obliged:

4.1.         to refrain from actions which may hinder or disturb the Portal functioning, in particular which may make it difficult for other Users to use the Portal;

4.2.         to update the User’s necessary contact data;

4.3.         to refrain from actions which infringe good reputation of the Service Provider and entities cooperating with the Service Provider;

4.4.         not to pretend other persons;

4.5.         to refrain from other actions which could be regarded by the Service Provider as actions which are obviously undesirable, reprehensible or contrary to the intended purpose of the Portal.

5.       It is prohibited to download the content of the databases available from the Portal and to use the same again in full or in a material part as to the quality or quantity.

6.       The User is obliged to protect their login and password to the Service against unauthorised access.

7.       If the User is required to provide e-mail address in order to have the Services provided, the User shall be obliged to provide a true e-mail address, namely the one at which they receive mail. The User is obliged to notify the Service Provider immediately about a change of their address by sending a relevant message to the Service Provider’s e-mail address sated under the Contact bookmark at the bottom of the

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page or to: [email protected] In absence of notification of the changed e-mail address to the Service Provider, any and all statements and communications sent by the Service Provider to the User at the e-mail address provided by the User in the form shall be regarded as properly served, subject to regulations regarding Consumers.

 

X. LIABILITY

1.       The Service Provider shall not be liable for interruptions in the functioning of the Portal: (i) caused by force majeure events, equipment failure, (ii) resulting from errors, incorrect configuration of operating systems or web browsers or multimedia players, or (iii) provoked by the Users’ prohibited interference; even if the same cause loss of data on the Users’ Accounts.

2.       The Service Provider shall not be liable for Users’ temporary inability to use the Portal, resulting from changes and improvements being made to the system.

3.       The Service Provider shall not be liable for the Users’ posts and Files shared. Such contents do not originate from the Service Provider.

4.       The Service Provider shall not be liable for use of the Files downloaded by the Users via the Portal which does not comply with law or the licence, nor for the consequences of the Users’ downloading or installing the Files downloaded via the Portal.

5.       The Service Provider shall not be liable for actions by third parties or for third parties’ using the Users’ data not in compliance with the intended purpose of the operation of the Portal or detrimental to the Users, in particular in the event that a third party hacks the User’s Account.

6.       The Service Provider shall not be liable if third parties address against the Service Provider claims relating to the Users’ posting contents or Files or image of such persons. It is exclusively the User posting the disputed content or Files or the third party’s image that is liable in this regard.

7.       The Service Provider shall not be liable for damage arising from lack of continuity of provision of the Services, resulting from circumstances outside the Service Provider’s control (force majeure, third party’s actions and omissions, etc.),

8.       The Service Provider shall not be liable for any damage caused to third parties, arising from the Users’ using the Services in a manner contrary to the Regulations or the provisions of law.

XI. PERSONAL DATA

1.       In the event of using some of the Services on the Portal, the User may provide their personal data – providing the personal data is voluntary, but it may be necessary for the provision of the Services on the Portal. The Service Provider shall process the Users’ personal data in compliance with applicable provisions of law, in particular in compliance with the Act on Personal Data Protection dated 29 August 1997 (Dz.U.2015, 2135 as amended) and the Act on Electronically Supplied Services dated 18 July 2002 (Dz.U. 2013, 1422 as amended).

2.       The Users’ personal data controller is FIBAR GROUP Spółka Akcyjna with its registered office in Poznań (60-421) at ul. Lotnicza 1, entered into the Register of Business Entities of the National Court Register of the District Court for Poznań - Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000553265, NIP [Tax Identification Number] 7811858097, REGON [Statistical Identification Number] 30159566400000, with share capital of 1,182,100.00 zlotys, fully paid up.

3.       The Service Provider shall process the Users’ personal data only for the purpose of performing the given Service and to the extent necessary in order to perform the same. Processing the Users’ personal data for a purpose other than referred to in the preceding sentence shall take place only after having obtained the User’s consent and to the extent stated in such a consent.

4.       Each User shall have the right to access their personal data, as well as the right to have them corrected and to demand that they be removed. To this end, the User should send the request to the Service Provider by post to FIBAR GROUP Spółka Akcyjna, ul. Lotniczka 1, 60-421 Poznań or by e-mail to: [email protected] If the personal data are necessary in order to perform the given Service, the demand to remove such personal data shall be equal to notice terminating the agreement for provision of the given Service.

XII. FINAL PROVISIONS

1.       The Service Provider shall have the right to change the terms for using the Portal and the services provided within the Portal, in particular to change the provisions of the Regulations effective upon the publication of the consolidated text of the Regulations on the Portal. The User’s using the Portal after any of the said changes has been implemented is equal to full and unconditional acceptance of the same.

2.       The Service Provider reserves the right to restrict selected Users’ access to the entire or part of the contents presented on the Portal if such Users use equipment or software which affects the manner of receiving the contents presented on the Portal, in particular restricting or excluding publication of particular contents of the Portal.

3.       Should any of the provisions of the Regulations be found invalid in full or in part for any reason whatsoever, the Service Provider undertakes to make such amendments to the same which will remove such invalidity. Invalidity of one of the provisions of the Regulations shall not affect the validity of the remaining provisions of the Regulations.

4.       Any disputes which may arise in relation to the application of the Regulations shall be settled by the competent common court.

5.       Legal relationships arising from the Users’ using the Portal shall be governed by Polish law.

6.       Any comments regarding the Regulations shall be sent by post to the Service Provider’s registered office address, or by e-mail to the address stated under the Contac bookmark at the bottom of the

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page or to: [email protected]

7.       These Regulations come into force as of 1.01.2018.

 

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