Rules for adding opinions

 

§ 1 General Provisions

1. This regulation (hereinafter referred to as the "Regulation") defines the rules for providing an electronic service - posting Users' reviews about products offered by the online store www.hms-fitness.pl, operated by TEKO Sp. z o.o. and ABISAL Sp. z o.o.
2. Any user of the service, including those who have not purchased a product from the www.hms-fitness.pl store, can add a review about the products offered.
3. By submitting a review to the www.hms-fitness.pl service, the user accepts and agrees to adhere to the Regulation's rules.
4. A User's review is a piece of information (statement) posted by them on www.hms-fitness.pl (hereinafter referred to as the "Service"), closely related to their subjective view of the subject of the statement (hereinafter referred to as "Review").
5. Withdrawal from the review posting service is possible at any time and involves ceasing to post content by the User on the Service.

 

§ 2 Rules for publication of opinions

1. In order for an Opinion to be published on the Website, it must be written in the English language and in compliance with the principles of correct English.

2. Opinions published on the Website are the subjective opinions of the Users.

3. In order to publish an Opinion, Users should provide the following data, i.e:

a) a rating on a scale of 1 to 5 stars for the key features of the product,

b) the user name (first name or nickname),

c) the User's email address (invisible to other users of the website) or the order number if the product is purchased through the www.hms-fitness.pl shop (to verify the purchase),

d) the content of the Opinion.

and then declare that he or she has read the Terms and Conditions and accepts them, and click on the appropriate button confirming the submission of the Opinion. The above data may be used for the purpose of verifying the accuracy of the opinion.

4 The opinion submitted by the User will be published after verification by the e-commerce team that its content complies with the rules provided for in the Terms and Conditions. TEKO and ABISAL shall be entitled to decide whether or not to place the submitted Opinion on the Website in a situation where the circumstances indicated in § 2 section 6 of the Terms and Conditions occur.

5. The user declares that his/her contribution does not violate any applicable laws or the rights of third parties. The User shall bear full responsibility for his/her statements posted on the Service.

6. TEKO and ABISAL reserve the right to refuse to publish an Opinion if:

a) is contrary to the law or good morals, in particular calls for racial, religious, ethnic hatred, etc., and contains fascist, pornographic and commonly regarded as vulgar content, promotes violence or offends religious feelings,

b) violates any rights of third parties, including those related to copyright protection and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations,

c) contains personal data, contact e-mail addresses or other data enabling direct contact,

d) is a copy of the contents of an Opinion in whole or in part from other Users of the Website, the manufacturer of the product under review, and contains extracts from the contents of various sources;

e) contains links to other websites, entities other than www.hms-fitness.pl,

f) contains advertising content or other content of a commercial nature,

g) does not relate in whole or in part to the reviewed product,

h) contains content of a spam nature,

i) is exclusively a description of the reviewed product,

j) is written entirely in capital letters,

k) is repeatedly added by the same User and/or with identical content,

l) is posted by bots,

m) is an Opinion that meets the criteria specified in § 5.4 of the Terms and Conditions. 7.

7. The contents of Users' Opinions may be made available to entities entitled to receive them under applicable legislation, including the competent law enforcement authorities or the judiciary.

8. the User rating for a product is an average calculated on the basis of individual ratings of Users. User ratings are weighted equally in the calculation of the average. The average does not take into account Opinions which have been refused publication on the basis of the criteria set out in § 2.6. a-m of the Terms and Conditions.

9. The possibility of leaving an Opinion is limited to uploading the text, i.e. the User may not add images or multimedia files.

 

§ 3 Verification of opinions

1. Opinions added by users via the publicly accessible opinion form displayed next to individual products sold in the www.hms-fitness.pl shop will not be verified in terms of whether the opinion comes from a user who has used the product or purchased it outside of the www.hms-fitness.pl shop.

2. TEKO and ABISAL shall verify whether the e-mail address provided when adding an Opinion is consistent with the e-mail address used to purchase the product being reviewed at www.hms-fitness.pl (i.e. whether the e-mail address was used in the process of placing an order which was completed).

3. If TEKO and ABISAL positively verify the purchase data pursuant to § 3(2) of the Terms and Conditions, TEKO and ABISAL shall additionally mark such an Opinion as "Opinion confirmed purchase" after confirming that the User has met the conditions for adding an Opinion as stipulated in § 2(4) of the Terms and Conditions.

4. The term "opinion confirmed by a purchase" means that the Opinion has been added by a User who has purchased the reviewed product in the shop www.hms-fitness.pl.

 

§ 4 Copyright

1. The User grants TEKO and ABISAL a licence, unlimited in time, for the free use and dissemination and publication, copying and modification and distribution by TEKO and ABISAL of any Opinions posted by the User on the Service.

2. Within the framework of the licence granted, TEKO and ABISAL are entitled to:

a) to distribute the Opinions by making them available to the public in such a way that everyone can access them from a place and at a time of their own choosing (Internet), public display and republication,

b) to record and reproduce the Opinion by producing copies of the Opinion using any technique, including printing, reprography, magnetic recording and digital technology.

 

Within the framework of the licence granted, the author consents to the use of the Opinion in any part, to the granting of sub-licences to third parties to use the work or any part thereof, to the use of the work or any part thereof for the purposes of promoting and advertising TEKO and ABISAL. At the same time, the author, by granting the licence, assures TEKO and ABISAL that the Opinion is the author's own intellectual work and does not infringe on third party copyrights. In the case of untruthfulness of the above statements, the User shall be liable towards third parties for infringement of their rights.

 

§ 5 Responsibility of the user with regard to his/her uploaded Opinions

1. By posting content and making it available, the User is voluntarily distributing the content. The posted content does not express the views of TEKO and ABISAL and should not be equated with their activities. TEKO and ABISAL are not a content provider, but only an entity that provides appropriate ICT resources for this purpose.

2. The Customer declares that:

a) his/her Opinion does not violate the rules described in the Rules;

b) he/she is entitled to exercise his/her author's economic rights to the works and/or related rights to the objects of related rights which comprise the content;

c) he/she agrees that the published content may be viewed by other Users and TEKO and ABISAL, and authorises TEKO and ABISAL to use it free of charge in accordance with the provisions of these Rules;

d) agrees to develop the works within the meaning of the Act on Copyright and Related Rights.

3. TEKO and ABISAL shall only be liable for content posted by Users on the condition that they have received official notification or have reliable knowledge of the unlawful nature of the data or related activities in accordance with § 6 of the Rules and Regulations. In the event of receipt of a notification pursuant to § 6 of the Terms and Conditions, TEKO and ABISAL reserve the right to modify or delete content posted by Users as part of their use of the service for uploading Opinions to the Website, in particular with regard to content which, based on reports from third parties or the relevant authorities, has been determined to be in breach of these Terms and Conditions or applicable law. TEKO and ABISAL do not conduct an ongoing control of the content posted, subject to § 2, section 6 of the Terms and Conditions.

4. It is forbidden to make available via the service content which is contrary to the law, including in particular content which could:

a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;

b) infringe the rights of any third party, including rights related to copyright and related rights, industrial property rights, business secrets or confidentiality obligations;

c) be defamatory or threatening towards other persons, or use profane or offensive language (e.g. profanity or expressions which are generally regarded as offensive), or present other persons in a disadvantageous light;

d) be contrary to the interest of TEKO and ABISAL, i.e. content of an advertising nature for another company or product; content not related to the business activities of TEKO and ABISAL; false or misleading content;

e) otherwise violate the provisions of the Rules and Regulations, good manners, provisions of applicable law, social norms or customs.

 

§ 6 Reporting a threat or violation of rights

1. In the event that a User or other person or entity considers that content published on the Service violates its rights, personal rights, good morals, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or under an obligation, it may notify TEKO or ABISAL of the potential violation.

2. TEKO or ABISAL notified of a potential violation shall take immediate action to remove the content causing the violation from the Service.

 

§ 7 Final provisions

1. TEKO and ABISAL reserve the right to contact the User posting an Opinion at the e-mail address left.

2. All rights to the Service, including property copyrights, intellectual property rights to its name, its Internet domain, website, as well as templates, forms, logotypes and photographs placed on the website of the Service (with the exception of some logotypes and photographs presented on the website of the Service for the purpose of presenting goods, the copyrights to which belong to third parties) belong to TEKO and ABISAL.

3. TEKO and ABISAL will endeavour to ensure that the possibility of adding Opinions on the Website is accessible to Internet users using all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements for uploading an Opinion on www.hms-fitness.pl , are a web browser in a version supported by the manufacturer, with JavaScript enabled, and an internet connection of at least 512 kbit/s. The Website of the Service is responsive and adapts dynamically to any screen resolution.

4. TEKO and ABISAL declare that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying User data by unauthorised persons, therefore Users should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software for Internet use. TEKO and ABISAL will never ask the User for their password or other access data in any form.

5. It is not permissible to add Opinions on the Website for the purpose of carrying out activities by the User that would harm the interests of TEKO and/or ABISAL, i.e. activities advertising another business or product; activities involving the posting of content that is not related to the business of TEKO and/or ABISAL; activities involving the posting of false or misleading content.

6. Both the User and TEKO and ABISAL may terminate the agreement for the provision of the service of adding Opinions to the Website at any time and without stating reasons, subject to the preservation of the rights acquired by the other party prior to the termination of the aforementioned agreement and the provisions below.

7. A user who has used the Rating service on the Website shall terminate the agreement for the provision of electronic services by sending a declaration of intent to TEKO or ABISAL by any means of distance communication enabling TEKO or ABISAL to gain knowledge of the declaration of intent of the user.

8. TEKO and ABISAL shall terminate the agreement for the provision of the Service for uploading an Opinion on the Website by sending the appropriate declaration to the User at the e-mail address provided by the User when uploading the Opinion on the Website. Termination of the agreement may take place in the event that TEKO and ABISAL ascertain that the Opinion is in breach of the provisions of § 2.6 of the Terms and Conditions or in a situation where TEKO or ABISAL receives the notification referred to in § 6 of the Terms and Conditions.

9. A user may submit a complaint to TEKO or ABISAL in relation to the use of the service for uploading an Opinion to the Website. A complaint may be submitted in electronic form and sent to the following address: sklep@2sport.pl . In the complaint, the User shall include a description of the problem that has arisen. TEKO or ABISAL shall immediately, but not later than within 14 days, consider the complaint and provide the User with an answer.

10. These Terms and Conditions cover all of the regulations relating to the service of adding Opinions and are in addition to the content of the Terms and Conditions of the Website ( https://hms-fitness.pl/regulamin-2 ).

11. TEKO and ABISAL reserve the right to introduce new Terms and Conditions, and these new Terms and Conditions shall only apply to all Contracts for the provision of the Rating Service entered into after the introduction of these new Terms and Conditions. All Contracts for the provision of the Rating Service concluded before the introduction of the new Terms and Conditions shall be executed on the basis of the Terms and Conditions in force on the date of conclusion of the respective Contracts for the provision of the Rating Service. TEKO and ABISAL shall notify the new Terms and Conditions on the Website.

12. The Terms and Conditions shall enter into force on the day of their publication on the Website.