Terms of service of newsletter

Effective Date: May 25, 2018

1. DEFINITIONS

1.1. Growcode – Growcode Sp. z o.o. with its registered office in Warsaw at 1 Klimczaka Street, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register (KRS), under number 0000898271, with share capital in the amount of PLN 30,000.00, Tax Identification Number NIP 5213927404.

1.2. Newsletter a free of charge service provided by electronic means which consists of provision by Growcode to the User of information on special services offered by Growcode, as well as any news within the Website or relating to Growcode, in the form of an electronic letter sent to an e-mail address indicated by the User.

1.3. User – an entity with full capacity to perform acts in law using the Newsletter service in compliance with these Terms of Service, and for the benefit of whom Growcode provides services by electronic means.

1.4. Website – either of the following websites owned and administered by Growcode, available at the following addresses: www.growcode.com

2. TERMS AND CONDITIONS OF PROVISION OF SERVICES

2.1. The Newsletter subscription service is provided free of charge by Growcode to the Users who give their voluntary consent to this.

2.2. In order to activate the Newsletter subscription service, the User must have a device with the Internet connection, an installed and updated Internet browser and an active e-mail address.
2.3. In order to subscribe for the Newsletter, the User takes the following steps:
2.3.1. orders the Newsletter service by means of the form available on the Website and by providing his/her e-mail address,
2.3.2. accepts the content of these Terms of Service,
2.3.3. sends the application to Growcode,
2.3.4. activates the service through a link included in an e-mail sent to the User to the address indicated at registration.

2.4. Upon activation of the subscription, Growcode and the User conclude an agreement for provision of the Newsletter service for unlimited period of time.

2.5. The User may at any time terminate the agreement for provision of the Newsletter service with immediate effect by deactivating his/her subscription. The User may resign from the Newsletter by activating a relevant link provided in the footnote of each electronic letter sent as part of the Newsletter service.

2.6. The User is not allowed to provide content of unlawful nature.

3. PERSONAL DATA PROTECTION

3.1. Growcode Apps is the controller of User’s personal data. Growcode processes User’s personal data in the scope of first and last name and e-mail address, for the purpose of providing the Newsletter service only. Such data may be transferred to a third party providing technical service for the Newsletter. The terms and conditions regulating the processing of personal data and cessation of their processing are prescribed by the Privacy Policy, which is an integral part of these Terms of Service, available at https://www.growcode.com/privacy-policy/.

4. COMPLAINTS

4.1. The User has the right to file a complaint about the Newsletter service. The complaint should include at least details enabling identification of the User and state reasonable reservations and comments concerning the Newsletter. The complaint should be sent to the e-mail address [email protected] or to the address of the registered office of Growcode.

4.2. Growcode will consider the complaint within 14 business days, unless the User failed to describe the subject matter and scope of complaint in a manner enabling its consideration or failed to provide data enabling identification of the User.

4.3. Growcode sends the response to the complaint at the e-mail address indicated by the User.

5. FINAL PROVISIONS

5.1. The User’s only obligation is to provide personal data necessary to provide the Newsletter. Therefore, provisions of consumer law do not apply to the Newsletter delivered to Users from the EEA. This results from Art. 3 sec. 1a of Directive 2011/83/EU in its current version and the provisions implementing it in individual EEA member states.

5.2. Growcode may amend these Terms of Service due to material reasons, whether legal (change of generally applicable legal provisions related to Growcode’s activity or change of Growcode’s business form) or technical (modernization of the Website infrastructure).

5.3. The Users will be notified on any amendment to the Terms of Service by an e-mail sent 7 (seven) days before the new wording of the Terms of Service comes into effect. During this time, the User should accept the amended Terms of Service or refuse to accept them and terminate the agreement for provision of the Newsletter service.

5.4. In the case of a dispute with Growcode, the User being a consumer may refer to a permanent consumer arbitration court to settle the dispute. The Consumer may also refer to another arbitration court for mediation or settlement (he/she may take advantage of alternative dispute resolution, ADR). To this end, a motion for mediation or motion for settling the case before an arbitration court, depending on the intent of the Consumer, should be filed with Growcode. A list and addresses of entities conducting such proceedings is available at competent bodies, including on their websites. The Consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting his/her complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

5.5. If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Service will be settled by a common court with the jurisdiction determined as prescribed by a legal act applicable to the User being a consumer. Any disputes arising between Growcode and the User not being a consumer will be referred to the court with local jurisdiction over the registered office of Growcode.

5.6. Any agreements resulting from these Terms of Service concluded between the User and Growcode are concluded pursuant to Polish law, provided that this reservation may not result in the User’s being deprived of the protection arising out of unconditionally applicable legal provisions of the country of User’s habitual residence.

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