Terms of Service
of the Step4hair mobile application
I. General provisions
1.1 These Terms of Service (hereinafter referred to as the ‘Terms of Service’) set forth the terms and conditions for using the Step4hair mobile application designed for iOS and Android mobile devices (hereinafter referred to as the ‘Application’).
1.2 These Terms of Service constitute regulations within the meaning of Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services.The owner and Operator of the Application, as well as the service provider of the services provided through the Application, is BERENDOWICZ&KUBLIN S.A. registered in Katowice and entered in the Register of Entrepreneurs of the National Court Register under no. 0000435395 (hereinafter referred to as the ‘Operator’).
1.4 The services provided through the Application consist, in particular, of making audio-visual materials (hereinafter referred to as the ‘Materials’) available by or with the consent of the Operator in such a way that each user can access the Materials in a place and at a time individually chosen by them and play them back, transmit information about the Operator and provide training materials.
1.5 The Application can be downloaded to a mobile device from the App Store (for iOS) and Google Play (for Android).
1.6 Downloading the application is free of charge. The Operator offers the user the possibility of using free-of-charge Materials and also offers the purchase of access to paid Materials, the gross prices of which can be found in the tab https://www.step4hair.com/public/profile#abonamenty
1.7 The costs of data transmission required to download, install, launch and use the Application are covered by its users at their own expense, based on contracts concluded with telecommunications operators or other Internet service providers. The Operator shall not be liable for the amount of fees charged for the use of data transmission necessary to use the Application.
1.8 The Application and all Materials and information contained therein, as well as the solutions, the selection and layout of the content, the logotypes, graphic elements and trademarks presented in the Application are subject to the exclusive rights of the Operator or its business partners.
1.9 The Operator shall be entitled to conduct informational, promotion and advertising activities in the Application, including the placement of advertisements of goods and services in the Application.
1.10 The Operator shall make these Terms of Service available free of charge prior to entering into a contract in the mobile application.
II. Technical requirements and rules of access
2.1 The Application is available to all users of mobile devices who meet the following technical requirements, who will download it from a suitable online store and run it properly on a mobile device.
2.2 The mobile device on which the Application is to be launched must comply with the following technical requirements for the operating system:
a. for the Application downloaded from the App Store — iOS 10.3 or higher
b. for the Application downloaded from Google Play — Android 4.4 or higher
c. no installed modifications of the operating systems mentioned above — in particular, no modifications consisting of breaking the factory security of the mobile device or of the operating system (so-called jailbreaking or rooting).
2.3 To launch and run the Application properly, it is necessary to activate the Internet connection function on your mobile device and create a user account.
2.4 The contract for the provision of services consisting of enabling the user to access the content contained in the Application shall be concluded at the moment in which the mobile device connects the user to the Operator’s servers, and terminated at the moment of terminating the connection with those servers. The contract is concluded for the period of service provision. The contract shall expire upon termination of use of the service.
2.5 The user may terminate the use of the Operator’s Application at any time by permanently removing it from the mobile device. In such a case, the contract shall be deemed terminated.
2.6 The Operator has no right to change the Terms of Service during the term of the contract. In the event of a planned amendment to the Terms of Service, the Operator undertakes to make the amended Terms of Service available on the website www.step4hair.com with sufficient notice. Each user who does not accept the new wording of the Terms of Service shall have the right not to enter into a new contract with the Operator and to terminate the use of the Application in the manner indicated in Subparagraph 2.5 above.
III. General rules on the use of the Application
3.1 The user is obliged to use the Application in a manner consistent with the law, these Terms of Service and terms and conditions of the online stores from which the Application has been downloaded, as well as with the rules of social co-existence, including the general principles of using the Internet.
3.2 The user undertakes not to interfere with the operation of the Operator’s computer systems, servers and networks, and not to attempt to circumvent the regulations or procedures applicable to the use of the Application, nor to interfere wilfully with the shape or content of the Application.
3.3 The user is obliged to use the Application in a manner that does not interfere with its operation and does not cause any nuisance to other users and the Operator, and in a manner that respects the personal rights of third parties as well as the information and materials made available through the Application within the scope of permitted use.
IV. Copyright and related rights
4.1 All rights to the Application and to the works forming part of or made available in the Application, in whole or in part — in particular, to the audio-visual Materials as well as textual, graphic and multimedia elements — are reserved by the Operator.
4.2 Once the Application has been downloaded, the Operator shall grant the user a non-exclusive licence to use the Application in accordance with its intended use, whereby this includes the right to reproduce the Application only to the extent necessary to run, operate and store the Application in the memory of the user’s mobile device.
4.3 The Operator shall grant the user a licence to use the audio-visual Materials in line with the rules and within the time specified in Part V of these Terms of Service.
4.4 The licence referred to in Paragraphs 2 and 3 shall not entitle the user to grant further licences.
4.5 Transmitting the audio-visual Materials downloaded from the Application to third parties is prohibited.
4.6 The user has no right to reproduce, dispose of or otherwise market or distribute the downloaded audio-visual Material, in whole or in part and, in particular, to transmit or make it available in computer systems and networks or any other ICT systems.
V. Rules for making the Materials available
5.1 The Operator does not guarantee the uninterrupted availability of the Materials or the quality parameters of their viewing. Viewing quality parameters depend on the capacity of the network between the Operator and the user, as well as on other factors beyond the Operator’s control.
5.2 The Operator reserves the right to limit, suspend or discontinue the viewing in whole or in part.
5.3 The Operator reserves the right to withdraw individual elements from the offer.
5.4 With the Material being played back for the first time, the user shall obtain a non-exclusive and non-transferable licence to use the Material by viewing it.
VI. Responsibility of the operator
6.1 The Operator carries out ongoing supervision over the technical operation of the Application, ensuring that it works correctly. However, the Operator does not guarantee the continuous availability of all functionalities of the Application, as well as their fault-free operation.
6.2 The Operator shall not be liable for any limitations or technical problems occurring in ICT systems used by the user’s mobile devices, which preclude or limit the user making use of the Application and the services offered through it.
7.1 The user agrees to the processing of his or her personal data as required for the proper use of all functionalities of the Application.
7.2 The administrator of personal data within the meaning of the Personal Data Protection Act is the Operator.
7.3 The Operator shall take care of the security of the personal data provided, in particular against unauthorised access.
7.4 The Operator shall ensure that all registered users shall exercise their rights under the Personal Data Protection Act of 29 August 1997, in particular the right to inspect their own personal data, the right to request the updating and deletion of their personal data and the right to object in the cases specified in the provisions of that Act.
7.5 Personal data is processed by the Operator in order to enable users to use the Application.
7.6 The provision of the user’s personal data is voluntary, but the lack of such data may prevent the user from using the Application.
7.7 The Operator shall indicate that providing the following personal data is necessary for the provision of electronic services.
VIII. Complaint procedure
8.1 The user has the right to lodge a complaint.
8.2 The complaint shall be considered by the Operator.
8.3 Complaints should be submitted in writing to the following address: BERENDOWICZ&KUBLIN S.A., ul. Plebiscytowa 14/1, 40-035 POLAND, or sent by e mail to: firstname.lastname@example.org.
8.4 The complaint notification form should contain data which facilitates contact with the user (e.g. correspondence address, telephone number or e-mail address), as well as indicate the subject of the complaint and the circumstances justifying it, and specify the user’s claims. The complaint notification form may contain an indication of the manner and form of contact with the user.
8.5 The Operator shall consider complaints within 14 calendar days and promptly inform the user of the result of the complaint procedure in electronic form, unless the user has indicated another means of notification in the complaint notification form.
8.6 The user has the right to assert claims in court, mediation or arbitration proceedings.
IX. Specific rights of the consumer
9.1 The service provided to the consumer by means of the Application is a distance contract concluded in accordance with the Act of 30 May 2014 on Consumer Rights.
9.2 The user who is a consumer has the right to withdraw from the contract within 14 days without providing any reason.
9.3 The withdrawal period shall expire after 14 days of the date of entering into the contract. The right of withdrawal from the contract shall not be vested in the consumer in relation to the contract if the Operator has performed the full service with the express consent of the consumer, who has been informed prior to commencing the service that once the Operator has fulfilled the performance of the service, the user’s right of withdrawal from the contract shall be forfeited.
9.4 In order to exercise the right of withdrawal from the contract, the user must inform the Operator of his or her decision to withdraw from the contract by way of an unequivocal statement in the form of a letter sent by post to the following address:BERENDOWICZ&KUBLIN S.A. ul. Plebiscytowa 14/1, 40-035 POLAND, or sent by e-mail to: email@example.com. The user may use the model withdrawal form provided below these Terms of Service; however, this is not obligatory. The user’s removal of the Application from the mobile device may be deemed tantamount to informing the Operator of the user’s withdrawal from the contract.
9.5 In order to comply with the withdrawal period, it is sufficient for the user to send information regarding the exercise of his or her right of withdrawal before the withdrawal period expires.
9.6 In the event of withdrawal from the contract, no fees shall be charged to the user, subject to the provisions of Subparagraph 9.3 sentence 2 herein.
X. Final provisions
10.1 A link to these Terms of Service is made available free of charge in electronic form as part of the Application.
10.2 These Terms of Service are governed by Polish law. In matters not regulated by these Terms of Service, the generally applicable regulations shall apply, including the provisions of the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services.
10.3 The user who is a consumer may use out-of-court methods of handling complaints and pursuing claims — among others, by applying to the Permanent Consumer Arbitration Court operating at the Trading Standards Authority with a request for dispute resolution, or to the Regional Inspector of the Trading Standards Authority with a request to initiate mediation proceedings.
10.4 The user who is a consumer may obtain assistance in resolving the dispute by addressing the District Consumer Ombudsman or a social organisation whose statutory objectives include consumer protection.
10.5 Disputes shall be considered by a competent common court determined in accordance with the provisions of the Act on Code of Civil Procedure.
10.6 These Terms of Service shall be effective as of 01.04.2018