RULES AND REGULATIONS OF RENDERING SERVICES
WITH THE USE OF THE MyGreenSpace PORTAL
These Rules and Regulations specify the rules of using the services rendered electronically with the use of MyGreenSpace portal (hereinafter referred to as the "Portal”) for the purposes connected with business or professional activities conducted by the User (with entrepreneurs).
The rules of rendering services for consumers are specified by separate Rules and Regulations concerning the rendering of services electronically for consumers with the use of the MyGreenSpace portal. Those Rules and Regulations are available at www.mygreenspace.pl
- The owner of the Portal, as well as the entity that renders services via the Portal, is Małgorzata Stuła conducting business activities under the business name of Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła, 67-124 Nowe Miasteczko, ul. 22 lipca 33a/3 NIP no. 9251972716., REGON no. 080446104
- The use of the Portal is possible only after concluding the agreement for the provision of services electronically between Małgorzata Stuła, Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła, 67-124 Nowe Miasteczko, ul. 22 lipca 33a/3 and the User, registering as a User of the Portal and accepting these Rules and Regulations.
- The Rules and Regulations are made available at www.mygreenspace.pl.
The below terms shall have the following meanings:
- Portal Administrator – Małgorzata Stuła, Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła
- Service – service rendered electronically ensuring access to the Account pursuant to the terms and conditions specified in these Rules and Regulations.
- Portal – website presenting the information about a company and its services, and ensuring access for the User to their Data.
- Design Base – sectioned space on the User's account on which data created by the User through the Portal is stored.
- Service Server – Computer on which Users Data is stored and the software which enable the proper operation of the Service.
- User – a legal entity or an individual that uses the Services through the Portal for the purposes of conducted business or professional activities.
- Account – sectioned space of the MyGreenSpace Portal identified with a unique User Name and secured with a User's Password on which the User of the Account saves Data.
- Account Base – a collection of personal data of Users of the MyGreenSpace Account which is collected and processed in an ordered way by the Portal Administrator as the administrator of personal data as understood by the Personal Data Protection Act dated 29 August 1997 (consolidated text of the Journal of Laws of 2002 no. 101 item 926, as amended) in order to render Services through the Portal.
- Data – projects, their descriptions, and commentaries, questions and answers, and any other graphical, sound, text and video materials created by the User
- User name (login) – a sequence of characters creating an e-mail address securing access to the Account on the Portal
- User's password – a sequence of characters securing access to the Account
- Commercial information (Newsletter) – any commercial information made available through the portal.
- The Portal, as well as the solutions applied in it constitute the property of Małgorzata Stuła Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła
- All Intellectual Property rights to the Portal remain the sole property of Małgorzata Stuła Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła. Pursuant to the provisions of the service provision agreement, the User shall be entitled to using the Portal only in the scope specified in these Rules and Regulations. Unauthorized use of the Portal constitutes the breach of the provisions of the Rules and Regulations and the copyrights of Małgorzata Stuła Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła. All property rights and intellectual property rights to works constituting the property of a third person, including the models presented on the Portal, which do not result from the Service, but which can be accessed during the use of the Service, shall remain the property of suitable owners of the works and are protected by copyrights or other intellectual property rights.
- By placing their designs, their descriptions, commentaries, questions , answers and any other graphical, sound, text and video materials (as a visual whole), their authors consent to grant free of charge, non-exclusive authorization to the Administrator and other users of the Portal (licence) to use them for an indefinite period of time, on unlimited areas of use specified in art. 50 of the Copyright and Related Rights Act dated 4 February 1994 (Journal of Laws of 1994 no. 24 item 83, as amended); for granting the licence the User shall not be entitled to any remuneration; the licence granted to the Administrator also includes the right to grant sub-licences.
- The rights mentioned in sections 1 and 2 of this paragraph are subject to protection based on the provisions of the Copyright and Related Rights Act dated 4 February 1994.
Registration on the Portal
The condition for using the Service is:
- accepting these Rules and Regulations by the User,
- User's registration (in the form also the data connected with the conducted business activity should be given, e.g. company name, NIP no., REGON no., that are necessary for issuing a VAT invoice).
- making the payment (in case of services made available for a fee)
- User's registration consists in filling in the electronic form which can be found at http://www.mygreenspace.pl/users/sign_in
By accepting these Rules and Regulations, the User represents that they:
- have read the Rules and Regulations and shall observe them,
- introduce all data which has the status of personal data to the Service in a willing and free of charge way.
- After completing the registration correctly and accepting these Rules and Regulations, an individual account will be generated that will be assigned to the specific User, and the login and password will be sent to the e-mail address given at registration that are necessary for using the Service and for obtaining the access to the User's account.
- The user's account will be activated after the first sign in. From that moment the User shall be authorized to use the Service. In case of paid Services, the access to them will only be possible after confirming the payment made.
- At the moment of the first sign in or the moment of confirming the payment made in case of paid services, the Administrator shall grant a revocable, non-exclusive and inalienable licence for the use of the Service to the User. The licence allows for the use of the MyGreenSpace Portal only in the scope that is necessary to use the Service.
- The Administrator reserves the right to make available, through the Portal, the commercial information concerning the business activities conducted by the Owner of the Portal or the activities conducted by other entities that obtained the consent of the Administrator for making available information via the Portal.
Rules of using the Services
In order to use the Service, the user must have a computer with an Internet access. In order to ensure the efficient operation of MyGreenSpace application, it is necessary to fulfil the following criteria by the User:
Support of applications in the browser supporting WebGL, i.e.:
- Firefox – necessary version: 16 or newer,
- Chrome – necessary version: 18 or newer,
- Opera – necessary version: 15 or newer.
Using the applications by means of hardware with the following parameters:
||does not matter
||does not matter
||with OpenGL support, 512 MB
||with OpenGL support, 1024 MB
|Internet line speed
- In the scope of rendered services, the Administrator will make available to the User the tools for creating 3D designs and for storing the data created by the User in the User's Library.
- The safety of data saved on the User's account is ensured by using User's Password and User's Login as the way of authorizing the access to the account.
- The User will get the access to data saved on their account by entering User's Login and User's Password.
- If the User comes to suspect that the Password protecting their account is in unauthorized possession of third parties, they can change it at any moment.
- The User shall be solely responsible for the safety of the User's Password and User's Login, and for any cases of use of their account with the use of the User's Password and the User's Login, both authorized and unauthorized by the user.
- From the level of the account, the user can manage the data saved in it, including browsing, modifying and removing data.
The User receives non-exclusive, limited licence for the services connected with the use of the Portal for the purposes connected with the business or professional activities conducted by the User. That licence includes the right to use the ready visualisations created by the User in the scope and on the areas of use specified in art. 50 the Copyright and Related Rights Act dated 4 February 1994 (Journal of Laws of 1994, no. 24, item 83, as amended). The licence does not include the right to grant sub-licences and the right to use the visualisations of individual elements.
Information: The licence includes only the right to use the visualisation created by the User in the framework of business or professional activities as a whole.
- The User cannot remove the MyGreenSpace logo from their designs.
- The User cannot place any contents violating the rights of other parties, against the law, good practices or the rules of social interaction on their Account. The Administrator can remove data of the above prohibited content, if they will become positive as to its unlawfulness.
- The User shall be solely responsible for creating, managing, editing, browsing, sorting, removing and controlling in every other way the data stored on the Account.
- The User can use the account only for legal purposes.
- The User cannot use the website in order to distribute advertisements of goods, services, commercial Internet websites and other contents considered to be SPAM without the Administrator's written consent.
The User shall not take any actions which could violate the rights of third parties, lead to cracking the Passwords of other Users or their Logins, or attempt to gain access to the data of third parties, or generate excessive load of lines and other infrastructure based on which services are rendered on the Portal.
NOTICE! Further modification, and in particular any use of visualisations of individual models, is considered as a violation of rights of other entities.
- The User shall not undertake, or make it possible for others, to modify, create similar elements, translate, decompile, disassembly or crack the code of the Portal, nor any of its parts. It is also forbidden to transfer the rights granted to the User (regardless of the form) onto other entities.
The User cannot:
- remove, introduce any changes to the contents sent in the framework of using the Portal (to and from the server on which the Portal operates), all the more intercept or monitor them,
- scan the Portal in the search of gaps, and use those gaps in an illegal way or against social rules,
- implant viruses, worms, Internet programs as well as other codes or instructions in order to cause a breakdown, to remove, damage or disassemble the Portal, or the ones having such effects,
- attempt to obtain from the Portal the models used in it.
- The Administrator operates the Portal and renders the service of providing access to the account with due diligence and in accordance with the possessed knowledge and technical means.
- The Administrator shall not be responsible for making the User's Password, the User's Login or other data stored on the account available to persons authorized pursuant to applicable legal regulations.
- The Administrator shall not be responsible for the access to data collected on the account by unauthorized persons, if such persons obtained access to such data as a result of intentional or unaware actions of the User.
- The Administrator shall not be responsible for the damage resultant due to faulty operation of the Portal and the account which was not caused by the Administrator, including the reasons which lie with telecommunications operators.
- The Administrator shall not be responsible for the loss of data caused by the failure of the system, of IT systems, or by other circumstances which were beyond the Administrator's control.
The Administrator reserves the right for:
- periodical switching off the availability of the Service in a way hindering as little as possible normal use in order to expand or maintain it,
- occasional, short breaks in the access to the Service and the Account without stating the reasons,
- immediate stooping to render the services in case the User should violate the provisions of the Rules and Regulations or copyrights of the Administrator, about which the User will be immediately informed,
- changes in functionality and functional properties and possibilities of the Application, Portal and the Account; the change of functionality shall not constitute the change of the Rules and Regulations.
The Administrator reserves the right to stop rendering the services if the User in a gross or persistent way:
- acts in a way which could hinder or destabilize the operation of the Portal,
- violates the legally protected interests of third parties, in particular their copyrights and personal interests,
- violates the provisions of these Rules and Regulations.
- The Administrator can at any moment, without the need to notify the Users, extend the Portal with additional elements and functions, as well as remove errors, update and modify the Portal. The Administrator reserves the right to place graphical and text advertisements displayed at chosen moments of using the Account. The Administrator cannot, without notifying the User, at their own discretion, stop or suspend the possibility of using any version of the System by the User to which the User could have already had access or which could have been installed by the User in order to fix, improve or update the technology, due to any justified reason. The Administrator shall not be responsible for any direct or indirect damage resulting from making available or not the new versions of software.
Administrator's liability shall be limited to:
- the amount of actual damage incurred by the User,
- the amount of subscription fee paid by the User for a given period for which the subscription was purchased.
Termination of the agreement
The Agreement can be terminated:
- by mutual agreement of the Parties – at any moment, without giving the reason,
- in case of failure to make the payment for using the Service within 14 days from the date of ordering the service.
The Administrator shall be entitled to terminate the Agreement immediately in case the User
- fails to observe the provisions of the Rules and Regulations specified in par. 6 (User's obligations),
- acts in a way leading to the violation of safety and attempting unauthorized access to data which is on the website,
- uses the services of the website in a way that is against the law.
Storing personal data
- The Administrator of personal data comprising the contents of the Account Base is Małgorzata Stuła, Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła, that undertakes to process the data only in the scope that is necessary to render the services included in the scope of agreement concluded between them and the User in accordance with the binding legal regulations. The Administrator of personal data can process personal data for other purposes only after obtaining the User's consent.
- Małgorzata Stuła, Cosmo Green Firma Usługowo-Projektowa mgr inż. Małgorzata Stuła is the administrator of personal data processed only for the purpose of issuing an invoice, receipt, or for conducting the financial accounting.
- The User shall have the right to access and correct their data saved in the Account Base.
- The User shall provide their own personal data and correct contact details.
- The User represents that the given personal data is true, and shall be liable in case of providing false data.
- Personal data marked in the registration form as obligatory are necessary for the proper rendering of services.
The User shall be entitled to lodge a complaint in connection with non-performance or improper performance of the agreement. The complaint can be submitted in writing. The complaint should contain the following information:
- User's data allowing for contacting them and identifying them as the User on the Portal,
- User's remarks, circumstances justifying the User's complaint,
- possible suggestions of the User as to the way of removing the imputed violation.
- Answering the complaint, the Administrator indicates whether the complaint is recognized and in what way it will be dealt with, or informs about no grounds for recognizing the complaint with the justification of their position. In case of necessity to supplement the complaint or provide the explanation on additional circumstances connected with the rendered services, the Administrator will notify the User about that.
Payment terms and conditions
- Prices of packages and their contents are specified by the price list which can be found on the website.
- The User buys a temporary access to a chosen package.
- The paid package is always binding from the day of the confirmation of payment.
- Changes of package prices will be announced on www.mygreenspace.pl. The changes shall be binding from the moment of announcement.
- After receiving the payment, the Administrator issues an invoice in an electronic form which is sent in the PDF format to the e-mail address given by the User.
- Accepting these Rules and Regulations, the User expresses their consent for sending invoices electronically to the e-mail address given by the User. In case of no acceptance, the User has the possibility to inform in writing or by e-mail about the lack of consent to sending invoices in an electronic form.
Changes of these Rules and Regulations
- Changes of the Rules and Regulations are published on the Portal. The changes of the Rules and Regulations shall be binding from the moment of announcement.
- In case the Administrator completes the rendering of Services, the Administrator will notify the User about that. The notification is sent electronically to the address indicated by the user in the registration application.
- The notification indicates the date of completing the activities and the deadline for transferring data from the Account.
- After the expiry of the deadline for transferring data from the Account, the Administrator shall be authorized to remove data from the Account.
These Rules and Regulations are binding in accordance with the provisions of the act on services rendered electronically and the Civil Code.