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TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES VIA THE ONLINE PLATFORM  

I. GENERAL PROVISIONS

  1. These Terms and Conditions define the general conditions, rules, and manner of providing services electronically through the platform, which serves as a tool enabling participation in online events, delivered by the Service Provider (hereinafter referred to as the “Platform” or “Online Platform”).
  2. The Platform is provided by Blu Experience Sp. z o.o., based in Krakow, at ul. Warszawska 1531-155 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście, KRS Department XI Commercial under KRS number 0000495773, NIP: 9452177517, REGON: 123030655, with a share capital of PLN 50,000.00, hereinafter referred to as the “Service Provider.” The Service Provider provides services specified in these Terms and Conditions exclusively on behalf of and for the benefit of the Event Organizer. The Event Organizer is the entity indicated in the Platform as the Organizer.
  3. Through the Platform, the User can participate in various types of events by attending audiovisual broadcasts organized by third-party organizers, including entertainment, cultural, sports, scientific, and similar events. The Service Provider is not the organizer of these events; it only provides the infrastructure for the Platform at the Organizer’s request to facilitate participation in the Event specified by the Organizer for Event participants.. 
  4. Contact with the Service Provider takes place via:
    • interactive chat available in the Portal, 
    • e-mail: kontakt@wydarzeniaonline.pl, 
    • phone: +45501172589
  5. Contact with the Organizer is made through the means indicated in the Platform. 
  6. These Terms and Conditions are continuously and freely available on the Platform, enabling Users to obtain, reproduce, and store its content by printing or saving it to a data carrier using the User’s IT system at any time. 
  7. Unless otherwise indicated on the Platform, all rights to the Platform, including proprietary copyrights, intellectual property rights to its name, domain, website, as well as to forms and logos, belong to the Service Provider. They may only be used in a manner specified and compliant with these Terms and Conditions.
  8. Copying, duplicating, modifying, reproducing, or distributing any part of the Platform, Service, or its elements without prior written consent from the Service Provider or Event – without the consent of the Organizer – is prohibited, except in cases expressly permitted by applicable law and these Terms and Conditions. The Service Provider or Organizer may take steps, including legal action, to protect the interests of themselves and the Users.

II. DEFINITION

The terms used in this document have the following meanings:

User: A natural person with full legal capacity, a natural person conducting business, a legal person, or an organizational unit without legal personality that uses the Portal.;

Event: An event of an entertainment, cultural, sports, scientific, or similar nature, organized by a third-party (Organizer), to which the User receives Access via the Platform after meeting the conditions specified by its Organizer. The Event is organized and takes place on a date strictly defined by the Organizer;  

Organizer: The person or entity organizing the Event and defining the terms and conditions of participation;

Event Access/Access: A service provided by the Portal through which the User receives access to content shared by the Event Organizer via data transmission using the Portal’s infrastructure; 

Account: The part of the Platform assigned to a particular User following Registration, where the User is identified for Access to a specific Event and can perform actions specified in these Terms and Conditions within the Platform; 

Registration: A one-time action involving the creation of a User Account and signing up for a particular Event;

Consumer: A User who is a consumer under Article 22[1] of the Civil Code;

Entrepreneur: A User who is an entrepreneur under Article 43[1] of the Civil Code;

Services: Services provided by the Service Provider at the Organizer’s request to Users of the Platform electronically within the meaning of the provisions of the Act of July 18, 2002, on providing services electronically (Journal of Laws No. 144, item 1204, as amended);

Agreement: An agreement for the provision of a Service or Services of the Platform, concluded between the User and the Service Provider acting on behalf of the Organizer, based on the rules set out in these Terms and Conditions;

Consumer Rights Act: The Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, No. 827);

Civil Code: The Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

Regulations: This document. 

III. TERMS OF USE OF THE PLATFORM

  1. Use of the Platform can only occur under the terms and scope specified in the Regulations.
  2. The Service Provider informs that using electronically provided services may involve risks for any Internet user, including the possibility of introducing harmful software into the User’s IT system and unauthorized acquisition or modification of their data. To avoid the risk of such threats, the User should use appropriate technical measures that minimize their occurrence, especially antivirus programs and a firewall.. 
  3. Minimum technical requirements for using the Platform and Services:
    • A device with internet access;
    • Access to email;
    • The latest version of an internet browser with enabled Cookies and JavaScript,
    • Software for reading PDF files;
    • Active and properly configured data transmission service on the User’s device provided by a telecommunications operator or a wireless connection. 
  4. If warranted by the nature of a given Event, Access to the Event may also require other technical or hardware requirements beyond those specified in subsection 3. In such cases, the Event Organizer will provide the User with a list of these requirements.
  5. Data transmission service fees are paid by the User to their telecommunications operator according to the operator’s rates and are not part of the Service or Event..
  6. It is prohibited to use the Platform or its Services in a way that violates the law, good manners, the personal rights of third parties, or the legitimate interests of the Service Provider or Organizer.
  7. All actions on behalf of a User who is an Entrepreneur can only be taken by persons duly authorized to act on behalf of the Entrepreneur. The Service Provider may require a person acting on behalf of an Entrepreneur to send specific documents electronically, particularly documents confirming authorization to act on behalf of the Entrepreneur and proof of the Entrepreneur’s business activity, under penalty of refusing to provide or terminating the Service. 
  8. The Service Provider reserves the right to refuse to provide Services to Entrepreneurs without giving a reason.

IV. PLATFORM SERVICES

  1. The provision of Services is carried out based on the rules specified in this document.. 
  2. The services provided through the Platform and the use of it are free of charge. In cases where participation in an Event is subject to a fee, payment is always made directly to the Organizer, who independently determines the amount and the rules for making such payments.. 
  3. Using the Platform is understood as any action taken by the User that leads to becoming acquainted with the available content. Browsing the content available on the Platform is a service provided for a specified period and is rendered until the User closes the Platform page.
  4. The main functionality of the platform is to provide Access to Events organized by the Organizers. 
  5. Unless the Organizer indicates otherwise, in order to gain Access to the Event, the User must register on the Platform, which constitutes signing up for the Event and registering (creating) an Account. 
  6. To register an Account, the User fills out and accepts the registration form available on the Platform, completing the data marked as mandatory and providing an individual event code (hereinafter referred to as “Code” or “Event Code”) received from the Organizer. The Organizer independently decides on the methods, timelines, and rules for distributing the Code.
  7. Unless the Organizer decides and indicates otherwise, one (1) Code allows the Registration of one Account. 
  8. The Event Organizer may individually decide that in order to gain Access to their Event, it will not be required to have and provide the Code during Registration, or even that Registration of an Account on the Platform is not necessary; in such cases, the Organizer will inform Users about this each time, providing information about the Event.. 
  9. To correctly complete the Registration, the User may also be asked to perform additional activation of the Account, including via email, in accordance with the information displayed on the Platform.
  10. The Account is used to identify the User for the purposes of Accessing a specific Event, and therefore the User is not allowed to use other Users’ Accounts or allow others to use their Account, including disclosing the access password to the Account or the Code.
  11. By registering an Account, the User declares that the information provided in the registration form is true and does not infringe upon the rights of third parties.
  12.  The User is obliged, while using the Platform, to complete the data indicated in their Account. In the case of any changes to the data of the User contained in the Account, the User is obliged to promptly correct the data via the functionalities available within the Account.
  13. ubject to further provisions of these Regulations, the Agreement for the provision of the Service involving Account management is concluded for a specified period – the time during which the User will use Access to a specific Event. However, the User may, before the expiration of the term mentioned in the previous sentence, contact the Service Provider requesting the deletion of the Account or may independently delete the Account using the functionalities available on the Platform. 
  14. Using the Access to the Event Service is governed by the principles set forth in Section V of the Regulations. 
  15. In addition, the Service Provider provides an interactive chat allowing contact with the Service Provider. This service is available for a specified period, until the conversation using the chat is concluded or until the User leaves the Platform page. 

V. ACCESS TO THE EVENT 

  1. The Access to the Event Service allows the User to participate in the Organizer’s Event remotely (without the simultaneous presence of the parties) using the Platform’s infrastructure. 
  2. The rules for Accessing the Event and participation in the Event using the Access Service are determined by the Organizer, who informs the participants of these rules. 
  3. Depending on the Event, the Organizer may require registration for the Event, or another form of signing up for the Event or purchasing an admission ticket, which is not part of the Platform and is carried out independently by the Organizer. 
  4. Events that the User may access through the Platform may, according to the Organizer’s choice and decision, be entirely remote (online events) or consist of enabling Access to stationary Events combined with the possibility of remote participation by the User using the Platform. 
  5. Participation in the Event, including using the Access Service, may be paid or free of charge, as determined by the Organizer. In the case of paid Events, all fees are paid directly to the Organizer, under the rules established by them. 
  6. he Organizer may decide that Access to the Event is open, i.e., it does not require possession and provision of the Event Code or even does not require Account Registration – in such cases, the Organizer will provide such information to Users each time. 
  7. The Organizer independently determines what content is made available as part of Access to the Event and whether the content is provided in real time. 
  8. The Organizer also determines whether the User will have the right to send content to the Organizer or other participants in the Event as part of Access to the Event, including, in particular, the possibility of:
    • participating in the Event while simultaneously sending images and sounds to the Organizer or other participants; 
    • interacting with the Organizer or other participants – such as participating in discussions, asking questions, sending messages using forms provided on the Portal or interactive chat. 

VI. IGHTS AND OBLIGATIONS OF USERS

  1. The User of the Platform is obliged to:
    • use the Platform in a manner consistent with the law, good customs, and the provisions of the Regulations, taking into account the respect for personal goods, intellectual property rights, and other rights of third parties;
    • possess all rights to the content posted on the Platform or using the Platform, or provided to the Service Provider or Organizer;
    • enter data on the Platform that is accurate and to promptly inform of any changes to the data, particularly those affecting the provision of the Platform Services;
    • refrain from using devices, software, and methods that may disrupt the functioning of the Platform;
    • not provide unlawful content;
    • participate in the Event under the Access according to the participation conditions specified by the Organizer.
  2. It is prohibited for Users to add and present any information, elements, or content on the Platform or using it that would contain content prohibited by generally applicable laws, infringe on the rights of third parties, violate the principles of good customs, or constitute acts of unfair competition. The use of such information must not violate the law, the provisions of these Regulations, the rules of participation in the Event, or good customs. 
  3. In relation to Entrepreneurs, the Service Provider, acting on behalf of the Organizer, has the right to suspend or limit the provision of Services, including the Access Service, as well as to terminate the provision of the Service with immediate effect, particularly in cases of doubts regarding the accuracy or completeness of the data provided by such a User, as well as in the case of:
    • receiving information that such a User is violating the Regulations, provisions of applicable law, or principles of good customs, or the rules of participation in the Event;
    • when the actions or omissions of the User negatively affect the good name of the Service Provider or otherwise harm the Service Provider;
    • in the event of receiving a complaint against a given User’s activities or in any other case of doubts raised by the Service Provider regarding the compliance of the User’s actions with the specifics of the Platform, the law, and the principles of social coexistence.
  4. The Service Provider has the right to suspend the provision of Services or terminate the Agreement for the provision of Platform Services, also in relation to Users who are not Entrepreneurs, in the situations indicated in point 3 above, after prior ineffective notice to cease violations, with a set deadline for ceasing violations. The notice referred to in the previous sentence is sent to the User electronically via an email sent to the address specified in the Account, as well as through messages on the Platform.

VII. LIABILITY

The provisions of this section apply exclusively to Users who are not Consumers: 

  1. The exclusive source of the Service Provider’s obligations is these Regulations and absolutely binding legal provisions.
  2. The liability of the Service Provider and the Organizer for the Services performed on the Platform towards Entrepreneurs is excluded to the extent permissible by applicable law and is limited to the amount of […] PLN net. In particular, the liability of the Service Provider and the Organizer for lost profits with respect to the Entrepreneur is excluded. 
  3. The Service Provider and the Organizer are not liable to the Entrepreneur for:
    • interruptions in access to the Platform, including those preventing the use of the Services, caused by the need to remove any malfunctions, testing of equipment and software, or necessary maintenance,
    • technical problems related to the use of the Platform arising from causes beyond the control of the Service Provider or the Organizer, including those caused by force majeure or improper functioning of the Internet,
    • unavailability of the Platform or Services for reasons not attributable to the Service Provider or the Organizer,
    • damages suffered by the User due to incorrect recording or reading of data or any content,
    • the consequences of a third party obtaining rights enabling the use of the Services or the Platform.. 
  4. The Service Provider and the Organizer are not and will not be liable to the Entrepreneur for force majeure, which the parties understand as extraordinary external events that are not caused by the Service Provider or the Organizer, making it impossible to fulfill obligations resulting from the provision of the Platform Service, which could not have been foreseen or prevented by ordinary means, even with due diligence, including in particular events such as war, natural disasters, hacking attacks, riots, general strikes, armed attacks, and epidemics.
  5. The Entrepreneur is liable for any damages caused by violations of the provisions of the Regulations, legal provisions, or good customs. The Service Provider or the Organizer has the right to charge the Entrepreneur for any costs of legal proceedings and other sanctions incurred by the Service Provider or the Organizer due to activities of the Entrepreneur that are inconsistent with the Regulations, the law, or good customs.

VIII. COMPLAINTS, CONSUMER WITHDRAWAL FROM THE CONTRACT, AND EXTRAJUDICIAL METHODS OF DISPUTE RESOLUTION

  1. A Consumer may withdraw from the contract, including the Service Agreement, without providing a reason by submitting a relevant statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiration.
  2. The Consumer may formulate the statement independently or use the withdrawal form attached to the Regulations. 
  3. The Service Provider reminds that, according to the Consumer Rights Act, the right to withdraw from the Contract is excluded in the case of a Service Agreement if the Service Provider has fully performed the Service with the explicit consent of the Consumer, who has been informed before the performance begins that after the performance by the Service Provider, they will lose the right to withdraw from the Contract, as well as in the case of agreements for the provision of accommodation services for purposes other than residential, transportation of goods, car rentals, catering, services related to recreation, entertainment, sports, or cultural events, if the agreement specifies the day or period of service.
  4. Users can submit complaints regarding Services provided under the Platform, particularly concerning their non-performance or improper performance.
  5. Complaints can be submitted in writing or via email to the addresses of the Service Provider indicated in these Regulations.. 
  6. In the complaint, the User should provide their name, correspondence address, type, and description of the problem that occurred.
  7. The Service Provider undertakes to consider the complaints of each User within 30 days. If it is impossible to consider the complaint within the timeframe mentioned in the previous sentence, the Service Provider will inform the User of a new deadline for the complaint to be addressed. In case of deficiencies in the complaint, the Service Provider will request the User to supplement it within 7 days from the receipt of the request by the User.
  8. Complaints regarding Events should be directed directly to the Organizer. 
  9. The Consumer has, among other things, the following options for using extrajudicial methods of resolving complaints and pursuing claims:
    • They are entitled to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings for amicable resolution of the dispute between the User and the Service Provider; 
    • They may also file a complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/..

Information on how to access the aforementioned modes and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl in the “Consumer Dispute Resolution” tab. 

IX. PERSONAL DATA PROTECTION

The personal data provided by Users is processed by the Service Provider in accordance with applicable law and the Privacy Policy available on the Platform..

X. FINAL PROVISIONS

  1. The Platform is not an online intermediary platform; therefore, the provisions of Regulation (EU) 2019/1150 of the European Parliament and of the Council of June 20, 2019, regarding the promotion of fairness and transparency for business users of online intermediation services, do not apply.
  2. The Regulations are available in Polish ang English.
  3. Replicating or publishing this Regulation or any part thereof without the written consent of the Service Provider is prohibited.
  4. Unless mandatory legal provisions state otherwise, Polish law shall be the applicable law for resolving any disputes arising from these Regulations.
  5. All disputes arising from these Regulations, when the other party is not a Consumer, shall be resolved before a common court competent for the seat of the Service Provider.
  6. The content of these Regulations may change. All Consumers will be informed of any changes through notifications on the Platform containing a summary of the changes and the date they will take effect. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Consumer does not accept the new content of the Regulations, they are obliged to notify the Service Provider by email at the address specified in point I of these Regulations within 14 days from the date of notification of the change in the Regulations. Lack of acceptance results in the termination of the Service Agreement for the Platform.
  7. The Service Provider may also present changes to the Regulations to Users with an Account for their review and acceptance when logging into the Account. If a User does not accept the change in the Regulations, the Service Agreement for the Account will be terminated 14 days after this refusal of acceptance, unless the User accepts it during this time. In such a case, the amended provisions of the Regulations will apply to the User from the date of their acceptance.
  8. Changes to the Regulations concerning Entrepreneurs take effect on the day of their publication on the Platform.