TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

§ 1 General provisions

These Terms and Conditions set out the rules for the provision of services by electronic means.

The current version of the Terms and Conditions is available free of charge at
https://funkymedia.ai/regulamin.

Whenever these Terms and Conditions refer to:

commercial information – this shall mean any form of information intended to promote, directly or indirectly, goods, services, or the image of an enterprise, organization, or person conducting commercial, business, craft, or regulated professional activity. The following information shall not in itself constitute commercial information:

  • information enabling direct access to the activity of an enterprise, organization, or person, in particular a domain name or email address,
  • information relating to goods, services, or the image of an enterprise, organization, or person, prepared independently, in particular if provided without mutual financial consideration;

Website – this shall mean the website available on the Internet at
https://funkymedia.pl;

service provided by electronic means – this shall mean the performance of a service provided without the simultaneous presence of the parties, at a distance, through the transmission of data at the individual request of the Service Recipient, sent and received by means of electronic data processing devices, including digital compression, and data storage, entirely transmitted, received, or sent through a telecommunications network;

Service Recipient – this shall mean a natural person using the services offered by the Service Provider via the Website;

Service Provider – this shall mean FunkyMedia conducting business under the name BIGTECH IT SP ZOO.

§ 2 Types and scope of services

The Service Provider offers the following services provided by electronic means to Service Recipients:

  • posting comments under articles,
  • posting reviews under products,
  • posting forum entries,
  • using paid codes passwords in order to publish active links in forum posts.

The services referred to in § 2 section 1 are free of charge, and their use does not require registration.

Posting comments under articles takes place by the Service Recipient performing the following actions:

  • going to the article page,
  • going to the Write a comment section at the bottom of the page,
  • entering the content of the comment in the field Write a comment. Basic HTML formatting is available,
  • entering a first name or pseudonym,
  • entering an email address,
  • consenting to the processing of personal data,
  • accepting the information clause concerning the processing of personal data,
  • accepting these Terms and Conditions,
  • confirming that the Privacy Policy has been read,
  • selecting the Publish button.

Posting reviews under products takes place by the Service Recipient performing the following actions:

  • selecting the Shop tab,
  • going to the page of the selected product,
  • going to the Rate product section,
  • choosing the product rating by selecting the appropriate number of stars, where one star is the most negative rating and five stars is the most positive rating,
  • entering a first name or pseudonym in the Author field,
  • entering the product review in the Description field,
  • consenting to the processing of personal data,
  • accepting the information clause concerning the processing of personal data,
  • accepting these Terms and Conditions,
  • confirming that the Privacy Policy has been read,
  • selecting the Rate product button.

Posting entries on the Forum takes place by the Service Recipient performing the following actions:

  • selecting the forum tab,
  • going to the page of the selected section and then to the relevant topic thread,
  • selecting the Reply button,
  • entering a first name or pseudonym in the Username field,
  • entering the message title or leaving the working title,
  • entering the content of the message with a minimum length of 450 characters,
  • entering the password, if applicable see § 2 section 6,
  • consenting to the processing of personal data,
  • accepting the information clause concerning the processing of personal data,
  • accepting these Terms and Conditions,
  • confirming that the Privacy Policy has been read,
  • optionally disabling BBCode, emoticons, or link processing below the Preview and Send buttons,
  • optionally checking the appearance of the message by selecting the Preview button,
  • selecting the Send button.

The use of paid codes passwords to publish active links in forum posts takes place by:

  • preparing the forum message post in accordance with § 2 section 5,
  • entering the password purchased at https://sklep.krajowy.biz/, the owner of which is the Service Provider, the rules for the code sales service are available at https://sklep.krajowy.biz/regulamin,
  • confirming that the information concerning the lack of the right to withdraw from the contract has been read.

The Service Provider does not sell the products displayed in the shop. The function of the shop is solely to present products sold by the Service Provider’s business partners, direct the interested Service Recipient directly to the contractor’s shop, and enable Service Recipients to share opinions about products.

The Service Provider does not send unsolicited commercial information to Service Recipients.

§ 3 Necessary technical requirements

The ability to properly use the services provided by the Service Provider depends on the Service Recipient jointly meeting the following technical requirements:

  • possessing a device enabling connection to the Internet desktop computer or laptop, tablet, or smartphone,
  • access to the Internet,
  • access to email,
  • Windows 10 or newer, macOS, Android, or iOS software.

The Service Provider shall not be liable for any irregularities in the functioning of services provided by electronic means resulting from the Service Recipient’s failure to meet the technical requirements.

Meeting some of the technical requirements set out in § 3 section 1 of these Terms and Conditions may involve the Service Recipient incurring charges, in particular for obtaining Internet access.

§ 4 Conditions of use of the Services

The Service Recipient is obliged to refrain from any actions that may hinder other Service Recipients’ access to the Website or disrupt its functioning.

The Service Recipient may use the services provided by the Service Provider by electronic means only for purposes consistent with legal regulations and good practice. Conduct contrary to this obligation shall include, among other things, posting offensive, vulgar, drastic, or hate-inciting content or content containing links, including concealed links, to sites containing such content or publishing pornographic content.

The Service Provider shall make every effort to ensure that the Website operates without interruption, subject to interruptions initiated for the purpose of updating, repairing, or maintaining the IT system.

§ 5 Intellectual property rights

The Website, including its code, logo, graphics, and content posted on it, is protected by intellectual property rights belonging to the Service Provider or other entities that have granted it the relevant licenses. The provision of services by electronic means by the Service Provider does not constitute granting the Service Recipient a license to use such content.

§ 6 Liability

The Service Provider reserves that use of the Website takes place solely at the Service Recipient’s own cost and risk.

The Service Provider informs that use of the Website and the services provided by electronic means offered by it involves risks characteristic of this type of service, in particular the possibility of:

  • the Service Recipient receiving unsolicited commercial information,
  • the presence or installation on the Service Recipient’s device of unwanted malware or spyware software,
  • exposure to cracking or phishing.

The Service Provider declares that it has taken all possible actions on its part to minimize these threats.

The Service Provider shall not be liable for:

  • any damage arising as a result of the Service Recipient using the services provided by the Service Provider in a manner contrary to law or these Terms and Conditions,
  • content posted on websites other than the Website.

The Service Provider shall not be liable for non-performance or improper performance of obligations resulting from defective hardware or software of the Service Recipient.

§ 7 Withdrawal from a distance contract

The Service Recipient has the right to withdraw from the contract for the provision of the services referred to in § 2 section 1 points 1–3 without giving any reason within 14 days from the date of conclusion. For this purpose, the Service Recipient should send a message to
contacto@funkymedia.es
indicating the message to which the withdrawal relates.

Withdrawal from the contract for the provision of the services referred to in § 2 section 1 point 4 is excluded, including with respect to consumers, pursuant to Article 38 section 1 of the Act of 30 May 2014 on consumer rights. The right to withdraw from a contract concluded off-premises or at a distance does not apply to a consumer with respect to contracts for the provision of services if the trader has fully performed the service with the consumer’s express consent, and the consumer was informed before the performance began that after the trader has performed the service, the consumer would lose the right to withdraw from the contract. Withdrawal from the contract for the purchase of codes passwords related to the service is governed by the rules available at
https://sklep.krajowy.biz/regulamin.

The rights arising from the right to withdraw from the contract are independent of the Service Recipient’s rights arising from regulations concerning the processing of personal data.

§ 8 Complaint procedure

Complaints regarding the services provided by the Service Provider under these Terms and Conditions may be submitted by the Service Recipient electronically to the email address
contacto@funkymedia.es.

A properly submitted complaint should contain at least:

  • identification of the Service Recipient,
  • the subject of the complaint,
  • the circumstances justifying the complaint,
  • if the complaint is submitted on the basis of warranty provisions:
    • a request for replacement of the item, or
    • a request for removal of the defect, or
    • if applicable, a statement on price reduction specifying the amount by which the price is to be reduced, or
    • a statement on withdrawal from the contract.

The possibility for the Service Recipient to submit a statement on withdrawal from the contract due to a defect is limited in the following cases:

  • the defect is not insignificant,
  • the Service Provider proposes, without delay and without inconvenience to the Service Recipient, replacement of the defective service with one free of defects or removes the defect.

A Service Recipient who is a consumer, in the case referred to in § 8 section 3 point 2 of these Terms and Conditions, may:

  • instead of the proposed removal of the defect, demand replacement,
  • instead of the proposed replacement, demand removal of the defect, provided that its removal is not impossible or would not require excessive costs on the part of the Service Provider.

The Service Provider shall consider the complaint without undue delay, but no later than within:

  • 14 days from receipt, in the case of a complaint submitted on the basis of warranty provisions for defects § 8 section 3 points 2–4 of these Terms and Conditions,
  • 30 days from receipt, in other cases.

In the event of a positive resolution of the complaint such that:

  • the Service Provider refunds part or all of the price to the Service Recipient, this shall take place within the period referred to in § 8 section 5 point 1 of these Terms and Conditions,
  • the Service Provider removes the defect or replaces the product with a new one, this shall take place without undue delay. The Service Provider shall inform the Service Recipient of the expected time for satisfying the claim.

The Service Provider shall respond to the complaint in the same form in which it was submitted, unless the Service Provider and the Service Recipient individually agree otherwise.

§ 9 Processing of personal data

Information on the processing of personal data is contained in the Privacy Policy made available free of charge at
https://funkymedia.ai/polityka-prywatnosci.

Information on the processing of data in connection with specific services has been included by the Service Provider on subpages relating to those services.

§ 10 Final provisions

The language of the contracts referred to in these Terms and Conditions is Polish.

The Service Provider reserves the right to amend these Terms and Conditions at any time.

Changes to the Terms and Conditions may be introduced at any time and shall enter into force upon publication.

The law applicable to the assessment of the effects of applying these Terms and Conditions and providing services by electronic means shall be:

  • the law of the country of the consumer’s habitual residence, provided that this country is a Member State of the European Union and the Service Provider directs its services to that country,
  • Polish law in all other cases.