Terms of Use of the IPATD PORTAL

www.ipatd.com

1. General provisions

1. These terms of use (hereinafter referred to as the ‘Terms of Use’) set out the rules of using the IPATD Portal (hereinafter referred to as the ‘Portal’), registered under the domain name: www.ipatd.com.

2. The website registered under the domain name www.ipatd.com with all its content available at the above-mentioned address is protected under the applicable law. The use of data contained at the above-mentioned website requires the Portal Administrator’s consent.

3. The Portal Administrator and the electronic service provider within the meaning of the act of 18 July 2002 on the supply of services by electronic means (Journal of Laws 2017, Item 1219) is GKG seated in Poznań (61-719), registered address: ul. Ku Cytadeli 2/14, NIP: 8431596438, REGON 363120496, hereinafter referred to as the ‘Service Provider’.

4. These Terms of Use are the terms of use referred to in Article 8(1) of the act of 18 July 2002 on the supply of services by electronic means (Journal of Laws 2017, Item 1219). They shall be available at the following address: www.ipatd.com.

5. The Portal is aimed at maintaining and making available by the Service Provider of a database of trade marks owned by economic operators, including natural persons, legal persons and organisational entities devoid of legal personality (hereinafter referred to as the ‘Service’).

6. The Service Provider shall not be liable for keeping the trade marks contained in the database up to date and the Service Provider declares that the Portal User shall be solely liable for making use of them.

7. The use of the Portal shall mean having accepted the provisions hereof.

II. The Portal User and the conclusion of the agreement

1. The user of the Service supplied by the Service Provider (hereinafter referred to as the ‘User’) may be an economic operator – a natural person, a legal person or an entity devoid of legal personality – having concluded an agreement with the Service Provider.

2. Such an agreement between the Service Provider and the User shall be concluded on the basis of a written offer submitted to a potential user by the Service Provider and upon the acceptance thereof by the potential user. The acceptance of the offer submitted by the Service Provider and the time of the conclusion of the agreement by the parties shall be the User’s payment of the amount indicated in the offer to the bank account of the Service Provider. The conclusion of the agreement shall simultaneously involve the User’s declaration of having read the provisions hereof and the User’s undertaking to comply with them and consenting to the receipt from the Service Provider of correspondence by electronic means in connection with the service supplied.

3. After the User has made payment to the Service Provider, within 14 working days the Service Provider shall enter the user’s trade mark in the database.

4. The User notifying to the Service Provider a trade mark granted protection within the meaning of Article 153(1) of the act of 30 June 2000 – Industrial Property Law (Journal of Laws 2017, Item 776) or subject to another equivalent legal protection shall grant the Service Provider a gratuitous licence within the meaning of Article 163(1) of the act or another equivalent authorisation to use such a notified trade mark at the Portal and in the database of the Service Provider within 7 days of the date on which the relevant payment is credited to the bank account of the Service Provider, on pain of terminating the agreement by the Service Provider for reasons attributable to the User. If the Service Provider decides not to terminate the agreement and continues to supply the service to the User, the User shall waive any claims against the Service Provider relating to the use by the Service Provider of the trade mark at the Portal and in the database of the Service Provider without licence or another equivalent authorisation to use trade mark notified.

5. The User shall immediately inform the Service Provider of any changes concerning such a trade mark included in the database.

6. All changes of the User’s data contained in the database of trade marks shall require notifying them to the Service Provider. The Service Provider shall enter such a change within 14 working days of the receipt of the relevant notification.

7. The Service Provider shall supply the service for a fee, payable for a period of one year from the date on which the payment is credited to the bank account of the Service Provider, always indicated in the offer submitted to the User. The fee shall be payable in advance for the whole term of the agreement.

8. The User shall authorise the Service Provider to issue VAT invoices without the issuer’s and the recipient’s signatures and to issue and send invoices by electronic means. Invoices may also be sent by post.

9. The agreement shall expire after the lapse of the period indicated in point II.7. hereof or if terminated (i.e. the service unsubscribed or cancelled) by either party. After the expiry of the agreement, all information provided by the User shall be removed from the Portal and from the database of trade marks maintained by the Service Provider.

10. The User may unsubscribe from the service supplied by the Service Provider by sending to the Service Provider’s e-mail address a declaration of unsubscribing from the service.

11. If the User unsubscribes from the service supplied by the Service Provider within 14 days of the date on which payment is credited to the bank account of the Service Provider, the Service Provider shall refund to the User the amount paid for registration less EUR 50 in respect of the operating cost of registration.

12. If the User unsubscribes from the service supplied by the Service Provider after 14 days of the date on which payment is credited to the bank account of the Service Provider, the Service Provider shall not be obliged to refund to the User the amount paid for registration. Neither shall the Service Provider be obliged to refund the above-mentioned amount if the agreement is terminated for reasons attributable to the User.

13. The User consents to the transfer by the Service Provider of all and any rights and obligations related to the Portal and the database to a third party without the need to obtain the User’s approval of the identity of such a third party.

14. The User consents to the communication to the public – by publishing at the Portal – of the information provided by the User even if such information is not publicly available and non-confidential.

15. The User consents to the processing of personal data for the purposes of the Portal with full rights to access, rectify or erase such data, pursuant to the act of 29 August 1997 on personal data protection (Journal of Laws 2002 No. 101, Item 926, as amended).

III. Technical requirements and the rules of using the Portal

1. The Portal shall be available via the Internet 7 days a week, 24 hours a day, except for upgrade or maintenance periods, or periods of failure.

2. The Portal shall be available to all Users meeting the following technical requirements:

   1. a computer with a web browser installed (e.g. Chrome, Internet Explorer, Firefox, Edge, Safari),

   2. Internet access,

   3. an active electronic mail (e-mail) account.

3. The Service Provider shall not be liable for any interruptions or disruptions in the functioning of the Portal or of the database resulting from force majeure events or unauthorised third-party or user interference.

4. Users must use the Portal in a lawful manner, in accordance with these Terms of Use, principles of social conduct (including general rules of using the Internet – netiquette); Users must also use any information or materials made available through the Portal for their own needs only. Users must not publish any illegal content at the Portal website or in the database maintained by the Service Provider.

5. The Service Provider does not authorise the use of any data contained at the Portal or in the database maintained by the Service Provider without its prior consent.

6. Data transmission costs involved in the use of the Portal by Users shall be paid by Users from their own funds on the basis of agreements concluded with their respective telecommunications service providers or other Internet service providers. The Service Provider shall not be liable for the amount of data transmission costs charged in connection with the use of the Portal.

7. If the User becomes aware of any infringement of the provisions hereof by another User or any other person, the User must immediately notify that fact to the Service Provider.

8. The Service Provider reserves the right to permanently or temporarily disable access to the Portal for a User making use of the Portal website in a manner inconsistent herewith and to remove from the Portal website and from the database any content inconsistent with these Terms of Use, the applicable law or accepted principles of morality.

9. The User shall be solely responsible for the use of the Portal and of the database.

10. The Service Provider shall not be liable for the content provided by Users or for any legal, financial or any other consequences of making use of materials published at the Portal website or in the database, in particular for:

1. 1. any damage caused as a result of the use by third parties of data provided by Users,

   2. any damage caused as a consequence of disruptions in the availability of all or specific services supplied by the Service Provider;

   3. any errors in the operation or functioning of services, applications or websites provided by third parties,

   4. any situation where the Portal and/or the database does not meet the User’s expectations and requirements.

11. Neither shall the Service Provider be liable for any limitations or technical problems in ICT systems used by Users as may prevent or limit the use by Users of the Portal and services offered by the Service Provider.

12. The Service Provider shall be solely liable for non-performance or improper performance of the service for reasons attributable to the Service Provider.

IV. Personal data protection

1. The data controller within the meaning of the act of 29 August 1997 on personal data protection shall be the Service Provider.

2. Users shall voluntarily provide the Service Provider with personal data necessary to the provision of services – in particular, for the purpose of properly performing the Services offered, entering into respective agreements, specifying their contents, issuing and delivering invoices.

3. Users shall have the right of access to their respective personal data, the right to request updates or erasure of personal data and the right to object in the cases referred to in the provisions of the aforementioned act.

4. The Service Provider shall guarantee the application of adequate technical and organisational measures ensuring secure data processing, in particular measures precluding unauthorised access to such data or unlawful data processing, preventing any damage to, loss or destruction of such data.

5. The Service Provider shall be obliged to disclose information on the User (and additional data such as the IP address) to third parties if such a disclosure is required by the applicable law. Information may be disclosed to other parties also for the purpose of asserting the Service Provider’s rights.

6. The Portal website uses cookies. Those are text files stored on the user’s computer hard disc and used by the server to recognise the user’s device upon reconnection. The files shall only be used to identify the users’ devices and not the users. They are also used to create anonymous aggregate statistics allowing to understand how the user uses web pages, thus helping to improve their structure and content, excluding any personal identification of the user. As a default setting, web browsers allow storing cookies on the user’s computer. That setting can be changed so as to block automatic storage of cookies in the web browser settings or to always notify their transmission. Detailed information on the available options and ways of handling cookies is available in the software settings. Possible restrictions on the application of cookies may affect certain functionalities available at the website.

V. Termination of the agreement and the complaint procedure

1. The Service Provider may terminate the agreement without giving reasons. In particular, the Service Provider may terminate the agreement if the User acts to the detriment of the Service Provider or of other Users or third parties, or infringes the provisions of the agreement or of these Terms of Use in another manner.

2. The Service Provider shall not be liable for any loss or damage suffered as a result of terminating the agreement for reasons attributable to the User.

3. The User shall be notified of the termination of the agreement by electronic means.

4. Any complaints concerning services supplied by the Company may be lodged electronically through the contact form or in writing to the Company’s address.

5. Such a complaint must contain a description of the relevant facts and all objections as well as any claims raised.

6. Complaints must be lodged within 7 days of the occurrence of the event underlying the complaint concerned, otherwise any entitlements the User might have under the agreement, these Terms of Use or the provisions of the Civil Code shall be lost.

7. Should the data or information provided in the complaint require supplementing, before the examination of the complaint the Service Provider or the party authorised by it shall request the complainant to supplement it as specified. The time for the provision of additional explanations by the user shall extend the period of handling the complaint.

8. All complaints shall be examined by the Service Provider within 14 working days of their receipt.

VI. Final provisions

1. The Service Provider shall be entitled to amend these Terms of Use at any time. Amendments hereto shall be notified through the website.

2. If the User objects to such new conditions hereof, the service shall be supplied by the Service Provider in accordance with the previously applicable conditions and the agreement shall expire after the lapse of the period referred to in point II.7. hereof.

3. Should any provision hereof appear to be invalid, the other provisions hereof shall remain effective.

4. The User shall notify the Service Provider of any changes in the organisational and legal form or of a change in the address, otherwise all correspondence shall be deemed served.

5. The Service Provider and the User shall perpetually keep secret all confidential information obtained during the term of the agreement and solely use it for the intended purposes.

6. The Service Provider and the User shall endeavour to amicably resolve any disputes.

7. In the event of failure to reach an amicable settlement, any disputes between the Service Provider and the User shall be settled by the court of law having material and territorial jurisdiction over the seat of the Service Provider.