TERMS AND CONDITIONS OF ELECTRONIC SERVICES PROVISION

Version 1 from April 7th, 2021.

§ 1 SERVICE OWNER

The owner of the Astro-Daily.com website, operated under the address https://astro-daily.com, is TimeTo Sp. z o.o. based in Gliwice at Dunikowskiego 10, 44-100, registered in the Entrepreneur Register of the National Judicial Register kept by the Gliwice District Court, 10th Commercial Division of the National Judicial Register under number 0000673031, NIP 6312669532, hereinafter referred to as the Operator, who can also be contacted by email at info@timeto.do

§ 2 GENERAL PROVISIONS

On the website https://astro-daily.com/au, the Operator provides a free service of accessing the Astro-Daily.com Service, through which:
1. An analysis of service or product offers that the client is looking for is being carried out based on the form filled out by the client.
2. Based on the User's request, the Operator presents offers of products or services from the category chosen by the user, along with a comparison of these offers based on indicators such as: price, availability, quality, and technical aspects characteristic of a given type of offer.
3. The user gains access to the Operator's technological system in the form of a platform that provides a full comparative analysis of the offers they are looking for, informs about current trends regarding the searched offers, monitors the status of the product or service that the client uses, enables the purchase of offers or products on the manufacturer's website that are within the client's area of interest, in accordance with the User's request.
4. The positioning of the presented offers is based on: the Service Provider's subjective assessment based on price, quality, availability, as well as any binding agreements between the Operator and the Service Provider.
5. The user can make an unlimited number of reports in various categories available on the platform,
6. Actions performed by the Operator, including collecting and processing information from the User's Report, aimed at handling the Report and providing the User with information about offers that meet the requirements specified by the User while using the Service, as well as placing orders made by the User to the Producers or service providers whose offers they are interested in;
[continue as: Services]
The regulations have been issued on the basis of Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344) [hereinafter referred to as: the Act].
This Regulation defines the terms and conditions of the Operator's Services provided to the User. Starting to use the Services covered by the Regulation means familiarizing oneself and fully unconditionally accepting the terms of the Regulation.
Each User is obliged to comply with the provisions of the Regulations from the moment of starting to use the services of the Service.
Only an adult person with full legal capacity can be a user. By accepting these Regulations, the User confirms the indicated requirements.
The Service Owner is not the owner of the presented services and products. The manufacturers and service providers whose offers are presented ultimately manage the stock status of the products and the availability of their offers.
The duties of the Operator resulting from these Regulations are limited to providing Services in the scope of analysis, monitoring, and presentation of products or services (offers) from the category indicated by the user. In the event that the Client decides to order a service or product presented, the Producer or Service Provider delivers the ordered offer from which the client wants to use. The Operator is not a party to the agreement concluded between the User and the Producer or Service Provider, therefore the Operator does not regulate or control the compliance of transactions with applicable laws and legal norms, transaction terms, as well as actions and effects of concluding, performing or terminating the agreement. The Operator does not consider User claims regarding non-performance (improper performance) of obligations of the Producer or Service Provider arising from these agreements.
The operator does not guarantee full availability of the service or products during the preparation of the application by the user, but only has to select potentially available options based on the application (offers). The availability is determined by the manufacturer or service provider. Data on products and services provided to the user by the operator in the report do not constitute an offer in terms of guaranteed service provision.

§ 3 DEFINITIONS

Visitor/User: A natural person who has visited a website at any time. A natural person who has filled out a form (partially or in full).
Service: Astro-Daily.com internet platform available on the website https://astro-daily.com/au, through which an analysis of service or product offers that the client is looking for based on the completed application by the client is carried out. The operator presents product or service offers from the category chosen by the user, along with a comparison of these offers based on indicators such as: price, availability, quality, opinions of other users, technical aspects characteristic of a given type of offer
Authentication means confirming the User's legal capacity to perform transactions through the Service and/or receiving information about transactions through the Service in accordance with the procedure specified in these Regulations. To perform an operation through the Service, the User must authenticate using the Operator's software based on the Authorization Data entered by the User.
Privacy policy is a policy that regulates the processing and storage of personal data and/or other User and Operator data throughout the period of execution of these Regulations, available at: https://astro-daily.com/au/privacy-policy
The application means an electronic document created by the User, indicating the Information to be used by the Service.
Information means data on the preferred features of the product or service provided by the User and used by the Operator to prepare the Report, as well as User data, including their Personal Data.
Producer means a separate (from the Operator) legal entity conducting business, offering the User products available in its offer on the terms specified in the producer's agreement.
Service provider means a separate (from the Operator) entity conducting business, offering the User services available in its offer on the terms specified in the Service Provider's agreement.
Report - an electronic document generated by the Operator based on the Application, containing a list of available offers providing services or offering products from the category indicated by the User, according to the parameters selected by the User, based on which a list is created for the User and placed on the User's Personal Account in the Offers section. At the discretion of the Operator, it may be supplemented with other offers that, in the Operator's opinion, may also interest the User.
User Form means the page on the Operator's Website where the User must enter all relevant registration information before accessing the Website in accordance with these Regulations and Privacy Policy.
Operator (Operator) and User may sometimes be individually referred to as "Party" in this Regulations, and collectively as "Parties".

§ 4 RIGHTS AND OBLIGATIONS OF THE OPERATOR

The operator provides the user with 24/7 access to the website.
The operator has the right to check and preliminarily verify the information disclosed by the user.
The operator is obliged to consider all User's Reports and submit appropriate Reports provided that the User has read the terms of this Regulations and correctly filled out the Report.
The operator must inform users of any changes to the terms of this Regulation by publishing its latest version.
The operator has the right to suspend the operation of the Service - Website and/or Services, as well as equipment and software providing interaction between the pages of this Regulation, in the event of any significantly incorrect functioning, errors or failures, as well as for preventive maintenance and prevention of unauthorized access.

§ 5 RIGHTS AND OBLIGATIONS OF THE USER

The user undertakes to comply with the rules of this Regulations.
The user undertakes to provide data consistent with the actual state.
The user is not authorized to duplicate, copy, sell, resell, or use any services or parts of the Service for commercial purposes without the prior consent of the Operator. In particular, under these Regulations, the Operator does not grant the User any license, transfer of copyright to the content of the Service, or to the concept of the Service.
The operator informs the user about any changes to the Terms and Conditions and Privacy Policy.
The user has the right to file a complaint to the Operator and must submit Notifications in the manner and in cases provided for in these Regulations.
The right to block a User means the Operator's unilateral right to block the User so that the latter does not use the Services in the event of a breach of these Regulations by the User.

§ 6 TECHNICAL CONDITIONS OF USING THE SERVICE

The technical requirements for using the Services within the Website are as follows:
1. Possession by the User of the end device;
2. Access to the Internet, including a program for browsing its resources: (Internet Explorer, Firefox, Opera, Chrome, and Safari for Mac OS X); older versions of browsers may be incompatible with the service;
3. Having an email account;
4. Enabled support for Javascript and cookies files.
The service provider informs that when using the Service on the User's end device, short text information, so-called "cookies" files, are saved. The installation of "cookies" files is necessary for the proper provision of services within the Service. Details of the use of "cookies" files have been specified in the Privacy Policy available on the website: https://astro-daily.com/au/privacy-policy.

§ 7 PROCESSING OF PERSONAL DATA

The data controller is the Service Provider.
The user has the right to access the content of their personal data and the right to correct them.
By placing personal data and any other data on the website, the User confirms that he/she has read, understood and agreed to the Privacy Policy of the Operator available on the website https://astro-daily.com/au/privacy-policy and that he/she has given the Operator consent to process personal data for the purpose of implementing these Regulations. More information on the processing of personal data can be found in the Privacy Policy.
The purpose of processing the User's personal data is to provide services to the User, to ensure the User's ability to use the Service, participate in advertising campaigns, targeted advertising, and perform other activities described in the Regulations.
User's personal data are processed from the moment of User's registration on the Website until the withdrawal of consent for the processing of personal data.
The user agrees to receive information about advertising campaigns conducted by the Operator and/or its partners, as well as any other information that is not prohibited from being disseminated, to the email address provided by the user.

§ 8 COMPLAINT PROCEDURE

Each user of the Service has the right to file a complaint regarding:
1. related to its operation of the Service,
2. non-performance or improper provision of goods/services and digital products by the Service Provider,
3. It may concern failure to commence the provision of these Services due to the fault of the Operator specified in the Regulations.
Complaints should be submitted in writing or electronically to the address TimeTo Sp. z o.o. based at Dunikowskiego 10 in Gliwice, KRS 0000673031 (hereinafter: the Company) or by e-mail to: reklamacje@timeto.do
The complaint should include the name and surname of the User, contact details: phone number or email address, as well as a description of the problem that is the basis of the complaint, the advertised period, presentation of circumstances justifying the complaint, the amount of compensation or other claims arising from the Regulations or legal provisions - in the case when the complainant demands their payment, bank account number.
Complaint can be submitted within 2 years from:
1. On the day of receiving access to the Service/digital content/goods when they were improperly executed or were supposed to be executed
2. on the last day of the settlement period in which the interruption in the provision of Services ended,
3. the day on which the Service was improperly performed or was to be performed,
4. A complaint submitted after this deadline will not be considered, and the Operator will immediately inform the User about it
The complaint procedure is conducted by the Service Provider, who makes every effort to ensure that the complaint handling is carried out with due care, thoroughly and timely, taking into account all the circumstances of the case.
Complaints are considered within 30 days from the day of their receipt by the Service Provider. In the event of failure to consider the complaint within 30 days from the date of its submission, it is considered that the complaint has been accepted.
About the way of resolving complaints, the Operator informs the User by letter or e-mail, depending on the way the complaint was submitted.
The user has the right to pursue claims in court or, in the case of a Consumer, through out-of-court consumer dispute resolution proceedings after exhausting the complaint procedure. The complaint procedure is considered exhausted if the complaint has not been considered by the Service Provider or the Operator has not paid the claimed fee within 30 days from the day the complaint was considered.
A civil law dispute arising from the Regulations accepted by a User who is a Consumer may be settled amicably through proceedings for out-of-court resolution of consumer disputes.
In case of a lack of consideration of the Complaint, the User may contact:
1. For free legal assistance, contact the City or District Consumer Ombudsman or one of the consumer organizations (Consumer Federation, Polish Consumer Association). Detailed information can be found on the website: www.uokik.gov.pl
2. To the Voivodeship Inspectorate of Trade Inspection in Katowice, Brother Albert 4 Street, 40-951 Katowice, PO Box 178, secretariat phone number: 32 35 68 100, fax: 32 255 10 12, email address: sekretariat@katowice.wiih.gov.pl (or similar),
3. by another authorized entity entered in the register of authorized entities, kept by the President of the Office of Competition and Consumer Protection, at the request of a Subscriber who is a consumer,
4. {One can file a civil lawsuit with the competent district court.}
Rules and procedures for accessing out-of-court consumer dispute resolution are separately defined in the law or regulations applied by authorized entities in the field of consumer dispute resolution, in particular, in the regulations applicable in these entities.

§ 9 LIABILITY OF THE PARTIES

Websites are liable under this Regulation for failure to perform or improper performance of its terms.
The operator performs a preliminary verification of the information provided by the user, but is not responsible for the consequences of the user's failure to meet the requirements specified by the producer or service provider.
The user accepts that the services provided by the Operator may be protected by intellectual property law.
The operator shall not be liable for any direct or indirect losses incurred by the User as a result of failure to use the Website or certain Website Services due to poor internet connection, technical difficulties of the User or for any other reason unrelated to the Operator's ability to fulfill obligations arising from such an agreement. The operator shall not be liable for any losses incurred by the User in connection with the use of Operator's Services provided under this Agreement, unless such damage was caused by bad faith, intentional misconduct or fraud on the part of the Operator.
The Operator is not responsible for the actions or omissions of the Producer or Service Provider, the Operator does not guarantee the delivery of the ordered product or service, but only selects and recommends to the User the most appropriate offers based on the application.
The operator is not responsible for achieving any results when using the information disclosed to the user in the Report. The user agrees to use the information provided by the operator about offers at their own risk.
The operator does not participate in any way in the contacts between the User and the Service Provider; it is not a party to the factual or legal actions carried out between them.
In particular, the Operator shall not be liable to Users for damages resulting from:
1. initiating contact or concluding agreements, negotiations, discussions, meetings or acquaintances between the User and the Service Provider;
2. non-conclusion of agreements by Users or Service Providers;
3. inadequate performance or non-performance by Users or Service Providers of agreements;
4. Contradictions in the content of offers posted on the Website with the actual state of affairs with the offer finally presented by the Service Provider, due to the fact that the Service Provider may change its offers;
5. the truthfulness and reliability of information provided by Users or Service Providers,
6. Ability of Users and Service Providers to perform contracts;
7. Payouts of Users and Service Providers.
The operator is not responsible for the fact that the Service does not meet the User's expectations and/or perception; such failure to meet expectations and/or negative perception does not constitute a basis for considering the Services to be of low or insufficient quality.
The provisions of this Regulation do not exclude or limit the liability of the Operator for non-performance or improper performance of the Regulation, in accordance with the general principles of the Civil Code.
The websites are not responsible for the untimely performance or non-performance of obligations arising from these Regulations, if the untimely performance or non-performance occurred due to circumstances or reasons beyond the control of the Parties, such as war (including civil war), riots, sabotage, embargo, fires, floods and other natural disasters, explosions, actions or inaction of public authorities, strikes, pandemics, epidemics. All or any of these circumstances are considered force majeure. Within 24 (twenty-four) hours of receiving information about the occurrence of force majeure circumstances that delay or otherwise hinder the implementation of the Regulations, the Parties are obliged to notify each other in writing.
The websites are not responsible for any damages, losses, claims or other expenses that may arise as a result of force majeure.
If a force majeure interrupts or prevents the fulfillment of obligations by the Parties for a period longer than 30 days, each of the Parties has the right to terminate this Regulation by prior written notice to the other Party..

§ 10 RIGHT TO WITHDRAW FROM THE SERVICE

In order to exercise the right to withdraw from the service, the User must inform the Operator, i.e. TimeTo Sp. z o.o. based in Gliwice at Dunikowskiego 10, 44-100, registered in the Entrepreneur Register of the National Judicial Register kept by the Gliwice District Court, 10th Commercial Division of the National Judicial Register under number 0000673031, NIP 6312669532, of their decision to withdraw from the Regulations by means of an unambiguous statement (for example, a letter sent by post or e-mail).
Statement: The User can submit in the following forms:
- in writing to the address: TimeTo Sp. z o.o. based in Gliwice at Dunikowskiego 10, 44-100, registered in the Entrepreneur Register of the National Judicial Register kept by the Gliwice District Court, 10th Commercial Division of the National Judicial Register under number 0000673031, NIP 6312669532
- in electronic form via e-mail at: brakzgody@timeto.do
The user can also fill out and submit a withdrawal form or any other unambiguous statement electronically through the https://astro-daily.com/au website. If the user uses this option, the Operator will immediately send a confirmation of receipt of the withdrawal information on a durable medium (e.g. by email).

§ 11 FINAL PROVISIONS

The regulations come into force on April 7, 2021.
The amendment of this Regulation or the issuance of a new regulation by the Service Provider may occur in the event of:
1. changes in the content of the universally binding law, as well as issuing judgments or decisions by authorized state bodies, shaping or changing the rights or obligations of the parties specified in the agreement or third parties, affecting the way services are provided, as well as changes in tax law, in particular affecting the amount of tax liabilities, introducing new taxes or fees, or changing the way they are fulfilled;
2. changes in the scope of properties and technical conditions for conducting an internet portal, in particular related to technological progress or advancement;
3. Changes in the rules of functioning of the Internet network or the rules of communication within this network, caused by technological or technological progress, changes in the universally applicable law or by judgments or decisions of authorized state bodies;
4. changes in the organization or legal-organizational transformations of the Operator, excluding changes resulting in legal consequences;
5. higher power.
The operator informs about the change or issuance of a new regulation through the website of the Service. Changes to the Regulations take effect - in the absence of a different reservation - from the date of posting information about the change. New provisions of the Regulations apply to orders placed after the date of their entry into force. If the change to the Regulations concerns existing Users, they are also informed about the change by e-mail.
In the event that the User does not accept the changes to the Regulations, they are entitled to terminate it with immediate effect, provided that the termination is submitted no later than 14 days from the notification of the change. The User is bound by the provisions of the Regulations that have been made available to them.
The operator provides services electronically in accordance with the Regulations.
The use of the Services in accordance with this Regulations is subject to Polish law.
In case of disputes, the Parties are obliged first of all to seek an amicable solution to the dispute.
If any provision or provisions of these Regulations is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.