Terms and Conditions of provision of services by electronic means by Unitop sp. z o.o. with its registered office in Łódź, Poland.
Article 1. Definitions
As used in these Terms and Conditions the following words and expressions shall have the following meaning:
Service Provider – Unitop sp. z o.o. with its registered office in Łódź (ul. Andrzeja Struga 61, 90-959 Łódź, Poland), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Łódź-Śródmieście in Łódź, KRS No. 0000616626, REGON No. 364407260, NIP No. 5252658641.
Services – includes (i) the Website, (ii) any rewards or loyalty program(s) that Service Provider or its affiliates may offer or provide, and (iii) any other digital communications or content that Service Provider may publish that link to these Terms and Conditions, including advertisements that Service Provider may place on third-party websites, such as social media pages.
User – natural person, legal entity or unincorporated organizational unit, and his/her/its heirs, assigns, and successors, who/which uses the Services.
User Content – text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website by Users.
Website – includes the website www.amkisnacks.com and any other websites or social media pages (including on Facebook, Instagram, and Twitter) that Service Provider or its affiliates manage, control or own.
Article 2. General provisions
- These Terms and Conditions set forth the rights and obligations of Service Provider and Users with respect to Service Provider’s provision of, and the Users use of, the Services.
- Users shall read these Terms and Conditions before using the Services. By a User’s access or use of any portion of the Services constitutes such User’s unconditional consent to follow and be bound by these Terms and Conditions, as may be amended or supplemented from time to time by Service Provider. If a User does not agree to any portion of these Terms and Conditions, such User is not permitted to use or access the Services.
- The Service Provider shall provide the Services in accordance with these Terms and Conditions.
- These Terms and Conditions shall be made available to the User free of charge at www.amkisnacks.com.
- As a condition of each User’s right to use the Website, each User represents that he or she is of legal age to enter into a binding contract and that such User is not a person barred from accessing the Website under the laws of the United States or any other country. Each User represents and warrants that any information such User posts or provides to Service Provider by means of the Website is truthful, accurate, not misleading and offered in good faith.
- Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States for their individual, non-commercial use.
Article 3. Scope of Services
- The Service Provider shall provide the following Services via the Website:
- certain products of the Service Provider and other information relating to the Service Provider, including contact details, on the Website, as a result of which the User may acquaint himself/herself/itself with the featured products of the Service Provider and contact the Service Provider in order to obtain information about the products and services provided by the Service Provider as part of its business activity.
- contact form, hereinafter referred to as the “Contact Form”, which consists in making available to the Users, free of charge, a tool for contacting the Service Provider with a view to obtaining information about the products and services provided by the Service Provider as part of its business activity.
- The Service Provider reserves the right to:
- refuse to provide the Services (including, without limitation, restricting a User’s access to the Website) if the User breaches these Terms and Conditions or the provisions of generally applicable law or takes steps which interfere with uninterrupted use of the Website and/or the Services by other Users,
- refuse to provide the Services if the User provides incorrect or untrue data, required for giving a reply to a question asked via the Contact Form,
- temporarily or permanently cease providing the Services on account of maintenance activities or activities connected with modification of the Website.
Article 4. Use of the Services
- In order to properly use the Services, the User shall have necessary computer equipment or mobile device with installed web browser and Internet connection.In the case of the Contact Form, it is also necessary to have an active electronic mail account.
- The Users who use the Services shall not:
- send any content which is illegal, violates legally protected personal rights of third parties or copyright or other intellectual property rights,
- use the Services in any manner which is contrary to the law, these Terms and Conditions, good morals or violates personal rights of the Service Provider,
- transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,
- impersonate or attempt to impersonate the Service Provider, a Service Provider employee, another User, or any other person or entity,
- incorporate any software viruses, malware, Trojan horses, worms, logic bombs, or any other malicious code into the Website or any other portion of the Services, or use any robot, spider, or other automatic device, process, or means to access the Website for any purposes, including monitoring or copying any of the material on the Website,
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website,
- modify copies of any materials from the Website,
- delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website, or
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Service Provider, may harm the Service Provider or Users, or expose them to liability.
- If any User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms and Conditions, the User’s right to use the Website will stop immediately and the User must, at the Service Provider’s option, return or destroy any copies of the materials that the User has made.If any User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms and Conditions, the User’s right to use the Website will stop immediately and the User must, at the Service Provider’s option, return or destroy any copies of the materials that the User has made.
- Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Each User represents that all User Content submitted by on behalf of such User is accurate, complete, up-to-date, and in compliance with these Terms and Conditions and with all applicable laws, rules and regulations. As between Service Provider and each User, such User represents that it owns (or has all rights necessary to grant Service Provider the rights below to) all User Content that each User submits to the Website, and that Service Provider will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content.Each User grants Service Provider a worldwide, perpetual, irrevocable, non- exclusive, sublicensable, transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display, edit, modify, and make derivative works from such User’s User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to such User. In addition, each User waives any so-called “moral rights” or rights of privacy or publicity in such User’s User Content. User further grants all other Users permission to view its User Content for their personal, non- commercial purposes. If a User makes suggestions to Service Provider or through the Website about improving or adding new features or products to the Website or such User otherwise provides feedback, product or service reviews or testimonials, such User hereby grants to Service Provider a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit such User’s suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to such User.Users can remove their respective User Content by specifically deleting it. However, in certain instances, some of such User’s User Content (such as posts or comments) may not be completely removed and copies of the User Content may continue to exist on the Website. Service Provider is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content. Service Provider will not be required to treat any User Content as confidential (unless required by law or if Service Provider has agreed to treat it as confidential in other documentation), and Service Provider will not incur any liability as a result of any similarities that may appear in its future operations.
Article 5. Term; Termination
- User’s use of the Services shall constitute an agreement between the Service Provider and such User.
- User’s use of the Services shall not require payment of any fees by the User to the Service Provider.
- The User may use the services anonymously, i.e. without providing any personal data, except for the Contact Form.
- The use of any functionalities of the Contact Form shall require obligatory provision of the User’s name and e-mail address and reading these Terms and Conditions.
- The User shall have the right to cancel the Contact Form service before obtaining an answer to his or her question. To do so, it is sufficient to leave the Website.
- If the User sends a question via the Contact Form and changes his or her decision to expect an answer to that question, he or she may cancel the Contact Form service by sending a statement on cancellation of the Contact Form service to the Service Provider to electronic address email@example.com from the electronic address (e-mail) provided in the Contact Form.
Article 6. Liability of the Service Provider
- The Service Provider shall not be liable for:
- interruptions to access to the Services resulting from necessary technical and administrative actions,
- interruptions to the functioning of the Internet network, provision of the Internet network and access to the Services resulting from a Force Majeure event,
- cessation to provide the Services to the Users who committed a breach of these Terms and Conditions,
- any damage caused to third parties as a result of the Users using the Services contrary to these Terms and Conditions and the provisions of generally applicable law,
- refusal to provide the Services if the User provides incorrect or untrue data, required for giving a reply to a question asked via the Contact Form,
- temporary or permanent cessation of provision of the Services on account of maintenance activities or activities connected with modification of the Website,
- cessation of provision of the Services by the decision of the Service Provider,
- any harm or damages related to the purchase or use of goods, services, resources, content, data breaches, or any other transactions made in connection with any third-party websites, software, tools or applications accessible from the Website (Users should review carefully the third-party’s privacy policies and terms and conditions and make sure each User understands them before such User engages in any transaction).
- For safety reasons, with a view to repairing any defects and eliminating any possible threats, the Service Provider reserves the right to temporarily suspend the Website in order to modify it, update data, change content of the Website. The Service Provider shall not be liable for any situations referred to hereinabove.
Article 7. Complaints
- The Users shall have the right to submit complaints regarding matters relating to provision of the Services.
- A complaint may be any reservation or comment relating to provision of the Services.
- Complaints shall be sent to electronic mail address: firstname.lastname@example.org or in writing to the Service Provider’s address indicated in these Terms and Conditions.
- The Service Provider shall examine a complaint in due course and reply to the electronic mail address from which the complaint was sent, unless the complaining User indicated another, traditional or electronic, address for the reply.
- A complaint should contain all information allowing for its examination. If examination of the complaint requires additional information, the Service Provider shall contact the complaining User with a view to supplementing it.
Article 8. Final provisions
- Service Provider shall have the right to unilaterally amend these Terms and Conditions, in its sole discretion.
- All changes made by Service Provider are effective immediately when the Service Provider posts them. The User’s continued use of the Services following the posting of revised Terms and Conditions means that the User accepts and agrees to the changes. Users are expected to check this page so Users are aware of any changes, as they are binding on Users
- Service Provider may monitor the Website to (1) comply with any necessary laws, regulations or governmental requests; and (2) in Service Provider’s sole discretion, operate the Website in a manner that Service Provider deems proper to protect against conduct that Service Provider deems inappropriate. The submission of information or materials to Service Provider shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Service Provider for any purpose whatsoever.
- Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website and/or the Services are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Service Provider or by third parties who have licensed their materials to Service Provider and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Website are the exclusive property of Service Provider and are protected by U.S. and international copyright laws.Users shall not adopt or use any names, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same as or confusingly similar to the trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on any of the Website, including without limitation, any variation of the term or phrase “Amki Snacks” (collectively, the “Marks”). Without Service Provider’s prior written consent, Users will not submit or maintain any information submitted to search engines which incorporates any content from the Website, the Marks, Service Provider’s copyrighted materials or any marks that are confusingly similar to the Marks. Each User acknowledges that Users do not acquire any ownership or license rights by virtue of downloading the Marks or copyrighted material from the Website. All rights not expressly granted under these Terms and Conditions are expressly reserved to Service Provider.
- THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SERVICE PROVIDER NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE INFORMATION INCLUDED ON THE WEBSITE. SERVICE PROVIDER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. NEITHER SERVICE PROVIDER NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. NEITHER SERVICE PROVIDER NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. EACH USER ACKNOWLEDGES, BY ITS USE OF THE SERVICES, THAT SUCH USER’S USE IS AT USER’S SOLE RISK.
- EACH USER AGREES TO DEFEND, INDEMNIFY AND HOLD SERVICE PROVIDER AND ALL OF ITS AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) USER’S USE OF THE SERVICES AND/OR (II) SUCH USER’S BREACH OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS.
- Service Provider may seek to gather information from a User if such User is suspected of violating these Terms and Conditions, or for any other reason. If Service Provider believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, Service Provider may edit or modify any User Content, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend Users, or take other corrective action Service Provider deems appropriate. Service Provider will fully cooperate with any law enforcement authorities or court order requesting or directing Service Provider to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. EACH USER WAIVES AND HOLD SERVICE PROVIDER AND ITS AFFILIATES HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SERVICE PROVIDER OR ITS AFFILIATES DURING OR AS A RESULT OF SERVICE PROVIDER’S OR ITS AFFILIATE’S INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SERVICE PROVIDER OR LAW ENFORCEMENT.
- In the event that a User finds content posted on the Website which such User believes is an infringement of the copyright ownership or other intellectual property rights of such User or any third party, please immediately contact Service Provider at email@example.com. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is Service Provider’s policy to terminate use of the Services by repeat infringers.
- ALL PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND ANY PROCEEDING BETWEEN ANY SERVICE PROVIDER PARTIES AND A USER MAY NOT BE (I) CONDUCTED ON A CLASS-WIDE BASIS, (II) COMMENCED, CONDUCTED OR CONSOLIDATED WITH ANY OTHER LEGAL PROCEEDING, (III) JOINED WITH ANY SEPARATE CLAIM OF AN UNAFFILIATED THIRD-PARTY, OR (IV) BROUGHT ON SUCH USER’S BEHALF BY ANY ASSOCIATION OR AGENT.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SERVICE PROVIDER OR ANY OF ITS AFFILIATES BE LIABLE TO ANY USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SERVICE PROVIDER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH USER AGREES THAT IT SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL SERVICE PROVIDER AND ALL OF ITS AFFILIATES COLLECTIVELY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS. ANY CLAIM ANY USER MAY HAVE WITH RESPECT TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- EACH USER IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING.
- THESE TERMS AND CONDITIONS, AND ALL CLAIMS ARISING FROM THE SERVICES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF POLAND, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.
- Nothing in these Terms and Conditions bars the Service Provider Parties’ right to obtain specific performance and injunctive relief against any threatened or actual conduct that will cause any of Service Provider Parties loss or damage, under customary equity rules, including applicable rules for obtaining restraining orders and temporary or preliminary injunctions. Each User agrees that any of the Service Provider Parties may seek such relief from any court of competent jurisdiction in addition to such further or other relief as may be available to Service Provider at law or in equity. Each User agrees that Service Provider will not be required to post a bond to obtain injunctive relief and that such User’s only remedy if an injunction is entered against such User will be the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by injunction being hereby expressly waived).
- These Terms and Conditions are drafted in English, and if these Terms and Conditions are translated into any other language, the English language version shall prevail, unless prohibited under the applicable law.