Terms and conditions of use
1. GENERAL PROVISIONS
- The present regulation (“Regulation”) governs the standards for the provision of services by electronic means through the Application, in particular the rights and obligations of the users of the Application, the technical requirements relating to its use, and the rights and obligations of the Supplier.
- The regulation was drafted based on Article 8, paragraph 1, section 1 of the Law of 18 July 2002 on the provision of services by electronic means (consolidated text of BOE 2020, position 344), hereinafter referred to the “Law”.
- The basis for establishing the rights and obligations of the Supplier, the Licensee and the User is the Contract, and in the field not regulated by it, it is the Regulation. The Licensee is under the obligation to ensure that the Users specified by the latter comply with the provisions of the Contract. In the event of conflict between the provisions of the Contract and those of the Regulation, the Contract provisions shall apply.
- Irrespective of the provisions of the Contract and Regulation, the User is required to abide by the information and the communications sent by the Supplier if they refer to the technical or safety standards, or ensure proper and efficient usage of the Application.
- The Application is intended for use by the Professional Licensees, in other words those who are not consumers within the meaning of the provisions of the Law of 23 April 1964, of the Civil Code or legal acts that relate to this definition.
By providing services through the Application the Supplier assumes that:
- the Licensee and Users act in accordance with the Law;
- The Licensee and Users use the Application in a manner consistent with its purpose and intended use;
- The representations and warranties of the Licensee and Users are reliable and truthful, as is the information they provide;
- In the event of obsolescence or subsequent inaccuracy of the data or the information provided by the Licensees or Users, they shall be updated or corrected immediately, within a maximum period of 5 days following the circumstances resulting in the content being outdated or inaccurate;
- The Licensee and the Users have familiarised themselves with the content of the Contract, the Regulation and the communications and information sent to them and that they act on the basis of all the above and in a manner consistent with its content and its provisions.
- Entering any User Content into the Application means granting each of the following entities: (i) ULMA and (ii) the cooperative under Spanish law acting by the name ULMA C y E, S. Coop. a free, worldwide, indefinite, and non-exclusive license for such User Content, limited in scope to perform activities necessary to ensure the operation of the Application, and in particular to preserve or replicate the content for technical reasons. The registered office of ULMA C y E, S. Coop is Paseo Otadui 3, 20560 Oñati, Spain, and the Spanish Tax Identification Number is F20023065.
Irrespective of the terms defined in other parts of the Regulation, for the purposes of the latter the following definitions are introduced:
- “Application” – software application called “myULMA”, available on the basis of remote exchange through the Internet, provides the Users with access to the Content.
- “Account” – individual account held by the Supplier for the User, with individual logins that make up a package of resources where the Content available for the User is stored.
- “Licensee” – entity who entered into the Contract with ULMA as licensor (sub-licensor).
- “Contract” – licence agreement entered into between the Supplier as licensor (sub-licensor), and the Licensee. The provisions of the Main Contract relating to the use of the Application shall also be considered as the Contract within the meaning of the Regulation.
- “Main Contract” – contract between ULMA and the Licensee for the provision of services by ULMA in favour of the Licensee or to supply the latter with ULMA products.
- “Supplier” or “ULMA” – company called “ULMA Construction Poland” S.A. with headquarters in Koszajec, entered in the Register of Entrepreneurs of the Judicial Commercial Register, with number KRS: 0000055818, with Tax ID Numbers: 5270203299 and REGON: 01120152000000.
- “User” – person who obtained access to the Application under the Contract, using it after logging into the Account. The User does not necessarily need to be the Licensee, and may also be a person appointed by the Licensee, especially their employee.
- “Intellectual Property” – all items of intellectual property legally protected, including works within the meaning of the author's right, trademarks or service marks, utility and industrial models, patents and supplementary protection rights for inventions, geographical indications, topographies of semiconductor products, as well as the content that makes up a trade secret.
- “Content” – information and data collected in the Application, including data entered by both the Supplier (“Supplier's Content” or “ULMA Content”), and by the User (“User's Content”), relating to the products and services offered by the Supplier to its customers, especially those related to technical, accounting and economic matters, and to the management of the warehouses and the flow of materials on sites, etc.; including drawings, product brochures, invoices and delivery notes WZ. In particular, the content can take the form of text documents, graphs, audio or video files and any other form of data presentation.
3. RULES FOR ACCESSING THE APPLICATION
- The Application can be used by the Users.
To start using the Application you will need:
- The signature of the Contract;
- The appointment by Licensee of a person determined as User;
- the creation of the Account;
- the user login to the Account.
- The Supplier creates an Account for each User.
- Access to the Account is possible via the Internet, using the following website address: https://myulma.ulmaconstruction.pl/login
- To access the account, the User must enter: (i) the associated access code that makes up the assigned email address (email), and (ii) a personalised password.
4. TECHNICAL STANDARDS FOR USING THE APPLICATION
- When using the Application, Users must use it in a way that is compatible with the intended use.
- The Application is for information purposes only, making it easy for Users to read the Content. The fact that the ULMA Content is available as part of the Application does not transfer any rights to the Licensee or User on the ULMA Content, nor does it grant the Licensee or User any right to use the ULMA Content apart from the option to carry out downloading, storage on a database or copying for the purposes of consulting the content. With regard to those items of ULMA Content that make up the Intellectual Property, the Licensees and Users are specifically prohibited from modifying the ULMA Content, using the ULMA Content for the User or Licensee's own marketing purposes, or to make it available to the public, including its introduction or publication on computer or open access networks.
- It is prohibited for Licensees and Users to take any action or commit any omission that may affect or limit the proper or efficient functioning of the Application, lead to excessive charging or overcharging, or interfere in any way in the proper and efficient functioning of the Application.
- It is prohibited to introduce or allow the introduction of any harmful element into the Application, including the software or source codes, particularly computer viruses, so-called Trojan horses or keyloggers, or software for sending spam.
- If it is necessary or appropriate to ensure the proper functioning of the Application, the Supplier may send the Users information or messages of a technical or procedural nature, which do not have business information within the meaning of the Law.
- If it is necessary or appropriate, the Supplier has the right to carry out technical or maintenance work within the scope of the Application, including work that may cause temporary difficulties or disable the operation of the Application or any of its elements or functions, or prevent or limit access to the Content.
To use the Application it is necessary to comply with the following technical
requirements: have a device connected to the Internet with the updated version of one of the
following search engines:
- Google Chrome
- Mozilla Firefox
- Microsoft Edge
- Internet Explorer
- Taking into account the constant changes in software provided by third parties, the Supplier has the right to introduce changes to the technical requirements that will not affect the range of use of the Application, in particular any changes that relate to the updating of the version of search engine needed for the Application to operate correctly. Such updates do not constitute a change to the Regulation.
- The Supplier does not provide devices or software that may be required for the appropriate use of the Application. If the User uses the Application with software or devices that do not meet the technical requirements described in the Regulation, there may be irregularities or other technical problems in its operation for which the Supplier is not responsible.
- The Supplier does not assume nor reimburse any costs arising from the use of the remote communication by the User (Internet connection costs, SMS, telephone calls) to use the Application.
The following main threats relating to the use of the Application, among others,
should be noted:
- malicious software (malware) - various types of applications or scripts that have a damaging, criminal or malicious impact on the network user's IT system, for example, viruses, worms, Trojans;
- spyware – programs that track the user's activities, collect information on the user and send it to the author of the program, generally without the user's knowledge;
- junk mail - unsolicited and unwanted emails sent to multiple recipients simultaneously, often with advertising content;
- phishing attacks (for example, of the password), claiming to be a trustworthy person or institution;
- Surrepticious intrusions using hacking tools;
- cryptanalysis - ability to find weaknesses in the cryptographic system to allow it to be broken or omitted.
- The address for accessing updated information on the function and purpose of the software or the data that does not constitute a component of the content of the service, entered by the Supplier into the communication and information system used by the User, is the following: address.
5. PROHIBITION OF ACTS AND OMISSIONS CONTRARY TO THE LAW
- Regardless of other provisions of the Regulation, the Licensees and Users are not obliged to take any action or make a any omissions contrary to the law of general application.
It is specifically prohibited:
- to introduce or permit the introduction into the Application of any illicit content that could infringe rights;
- introducing or permitting the introduction into the Application of any content that infringes on the rights or personal assets of any third party;
- introduce or allow the introduction into the Application of any content that violates the legally protected secrets of third parties, especially their trade secrets;
- Introduce or allow the introduction into the Application of any content obtained by the User illicitly.
Regardless of the provisions of points 5.1. and 5.2. it is also prohibited to introduce
or allow the introduction into the Application of:
- any content that is contrary to the good customs or system of values generally accepted in Poland, especially any content that ridicules, discredits, offends the dignity or undermines the market position of third parties;
- any content that contains violence, pornography, promotes the use of drugs or other illegal substances, incites the committing of crimes or promotes gambling.
6. SANCTIONS FOR VIOLATIONS OF THE USAGE REGULATIONS OF THE APPLICATION
- Regardless of other provisions of the Regulation or Contract, as well as the possibility of applying other measures provided by the law of general application, in case of non-compliance with the usage regulations of the Application by the Licensee or User, the Supplier has the right, without the need to inform the User separately or request the elimination of the violations, to remove the prohibited content from the Application that the User introduced or allowed to be introduced.
- To avoid any doubts, the Supplier states that the User's Content will not be verified under the terms of its illegal nature, within the meaning of Article 14, section 1 of the Law.
- In the event that the Supplier receives an official notification on the illegal nature of the User's Content, the Supplier shall immediately prevent access to this User's Content.
Without prejudice to the provisions in point 6.3., in the event that the Supplier
receives reliable information on the non-compliance by the Users with the general law of
Application or Regulation, in addition to the possibility of applying other measures
resulting from the provisions of the general law of application, of the Contract or the
Regulation, the Supplier shall have the right to:
- block access to the User of the Application;
- remove the Account of the User concerned;
- deny the opening of another Account by this User.
- In the event of making use of the rights mentioned in this point, the Supplier shall inform the User in this regard sending him/her the relevant information to the email address associated to the Account within a period of 3 days following the occurrence of such circumstances.
7. SERVICES PROVIDED THROUGH THE APPLICATION
- Through the Application, the Supplier may provide the services that allow the Users to access the Content.
In order to obtain the services described in point 7.1., the User is required to log
into the Account provided by the Supplier. The User may then user the functions available in
the Application, which include:
- access to the information panel of the sites (“Information Panel on Sites”), to which the Main Contracts refer;
- access to the products catalogue provided by ULMA;
- access to the information on products provided by ULMA, including the operating instructions.
- Access to the ULMA Contents mentioned in points 7.2.2. And 7.2.3., is possible for all Users, whereas access to the Information Panel on sites is only possible for those Users who have been appointed by the Licensees and who have at least one existing Main Contract. Access to the information on the sites expires, with respect to the specific job, within 60 days from the date of completion and settlement of the Main Contract.
8. CONCLUSION AND TERMINATION OF THE CONTRACTS
- When concluding the Contract (also understood as the time of finalization of an annex to the Main Contract between the Supplier and the Licensee, whereby the provisions relating to the use of the Application are introduced into the Contract), a licence agreement is concluded between the Supplier and the Licensee for the use of the Application under the conditions specified in the Contract and in the Regulation, in accordance with which the Licensee and Users indicated by the latter may use the Application.
The Contract is signed for an indefinite period, and may be cancelled by any of the
Parties on presentation of the declaration of withdrawal sent to the relevant email address:
- in case of the contract termination presented by the Supplier, to the email address provided by the Licensee as a contact address in the framework of the Contract;
- in the event of the contract termination presented by the Licensee, to the following email address: firstname.lastname@example.org
- The notification period for terminating the Contract is one week effective at the end of the calendar week.
The Supplier has the right to terminate the Contract with immediate effect in the following
- Improper use of the Application;
- use of the Application for illicit activities or activities that are disadvantageous to the Supplier;
- when the User provides, even by omission, the use of the Application by unauthorised persons without the Supplier's consent;
- when the User processes personal information on the Application, violating the regulations established contractually, including the violation of the applicable law on the matter.
- In the event of termination of the Contract, all the usage rights of the Application by the Licensee and User shall expire on cancellation of the Contract.
- To avoid any doubts, the termination of the Contract (including its cancellation by any of the Parties) does not constitute the termination of the Main Contract, and the termination of the Contract is possible without terminating the Main Contract.
- The account is individual, which specifically means that it cannot be transferred to any third party without the prior written consent of the Supplier on penalty of nullity.
- If the User allows third parties to access his/her Account, specifically providing the username and password of the Account or unduly assuring said username and password against access to third parties, the User will be responsible for the actions or omissions of these third parties, as though these acts or omissions were his/her own. Furthermore, in such a case, the Supplier will not be responsible for any damage suffered by the User in this account.
10. NOTIFICATION OF INFRINGEMENTS
in the event of determining that any content published in the Application violates (i) the generally applicable law, (ii) the personal assets of third parties, (iii) the Regulation or damage in some other way of the proper and efficient functioning of the Application, each one of the Users may inform the Supplier about this fact by sending an email to the following address email@example.com
11. RESPONSIBILITY OF THE SUPPLIER
- Inasmuch as the applicable law allows, the Supplier is excluded from any responsibility due to non-compliance or inadequate compliance with the obligations under the Contract and the Regulation. In particular, the Supplier is responsible for the non-compliance or inadequate compliance of its obligations under the Agreement and the Regulation only if its action or omission is culpable and deliberate.
- Liability to disciplinary action of the Supplier is limited to the amount of the actual loss and does not include the loss of profits.
12. CLAIM PROCEDURE
- In the event of irregularities in the operation of the Application, the Licensee will have the right to file a claim.
The filing of a claim on the improper functioning of the Application can be made:
- in writing, sending to the address of the Supplier's headquarters;
- by email, sending an email to the following email address: firstname.lastname@example.org
The claim must contain at least:
- Details of the agreement with specific facts on the Contract that allow the Licensee to be identified;
- the reason for the claim, including the description of any comment or objection;
- the email address to which the response to the claim filed should be sent;
- in the event of claims filed in the manner indicated in point 12.2.2. - mention in the subject line of the email the word "claim" or another word with a similar meaning.
- The Supplier of services shall process the claims immediately, but no later than 14 days. If, in order to consider the claim, it is necessary to obtain, from the claimant or third party, information or additional explanations within the period indicated in the preceding sentence to be counted from the date of acquisition of the latest information or the additional explanations.
13. APPLICABLE LEGISLATION
- To assess the legal relationship resulting from the Regulation the Polish law shall apply.
14. EXCLUSION OF THE POSSIBILITY OF USING THE APPLICATION
- The application cannot be used by any person or entity against whom the European Union or the United States of America has implemented sanctions or restrictions on exports.
- Due to the limitations within the scope of the technical feasibility of verifying if a certain User does not comply with the criteria referred to in point 14.1., it is assumed that every time the Application is used, the User confirms that he/she is not subject to the export sanctions or restrictions indicated in point 14.1.
15. FINAL PROVISIONS
- The Supplier reserves the right to modify the Regulation if the change is required by the provisions of the generally applicable law, as well as to improve the quality or functionality of the Application, or to change its scope.
- Any change in the Regulation is reported to the Licensee and the User via a message of the system disclosed when logging into the Application for the first time, from the date the changes to the Regulation or the correspondence sent to the email address associated with the Account.
- The fact that ULMA does not exercise any right nor has any authorisations provided in the Contract or in the Regulation does not mean that he/she renounces the possibility of exercising such a right or using the authorisation.