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TERMS AND CONDITIONS OF THE www.idissuer.pl WEBSITE
of 10 May 2019
CHAPTER 1
GENERAL PROVISIONS

§1. Preliminary Provisions.

  1. The www.idissuer.pl Website is owned by Polska Wytwórnia Papierów Wartościowych S.A. with its registered office in Warsaw, ul. Sanguszki 1, registered in the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000062594, NIP (Tax Identification Number): 525-000-10-90, tel.: (22) 235 20 00 and conducts online retail sales on the basis of these Terms and Conditions..
  2. The Terms and Conditions of the Website specify the rights and obligations of the parties concerning the provision of services provided by electronic means through the website at http://www.idissuer.pl.
  3. The Terms and Conditions of the www.idissuer.pl Website are terms and conditions within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2017, item 1219).
  4. The User is obliged to become familiar with the content of the Terms and Conditions before using the www.idissuer.pl Website. Starting to use the www.idissuer.pl Internet Portal means that the User has read the content of the Terms and Conditions and accepts all their provisions.

§2. Definitions.

    Capitalized expressions defined should be understood as follows:
  1. Administrator - the entity managing and operating the Website, that is Polska Wytwórnia Papierów Wartościowych S.A. with its registered office in Warsaw, hereinafter referred to as PWPW S.A. or Service Provider.
  2. Cookies - short text information sent by the server operating the Website and stored at the User's premises (usually on the hard drive).
  3. Business Days - days from Monday to Friday, excluding public holidays in the territory of the Republic of Poland, from 7.00 a.m. to 3.00 p.m.
  4. Password - a sequence of characters (letter, digital, other) used to access the Account, known only to the Registered User.
  5. Account - space on the Website available to a given User after logging in (entering the Login and the Password).
  6. Login - e-mail address indicated by the Registered User at the moment of registration.
  7. Website - the website www.idissuer.pl enables the issuance of identification codes for economic operators, facilities and machines as well as the issuance of the aggregated packaging and unit packets of unique identifiers for the purpose of meeting the requirements of EU Regulation 2018/574.
  8. Terms and Conditions - the applicable Terms and Conditions of the Website.
  9. Registration - a one-off action involving the creation of an Account by the User, performed using the registration form provided by the Website.
  10. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
  11. Electronic Mailbox - an electronic mailbox characterised by a person's individual internet address (e-mail address) through which a person can send, receive and store messages and other data as part of the electronic mail service.
  12. User - Any natural or legal person who uses the Website or who successfully establishes an Account on the Website, by obtaining a Login and Password allowing to log into the Account.
  13. Contractor - Any natural or legal person with whom an agreement is signed for the provision of services for the generation of aggregated packaging and unit packets
  14. Agreement - Agreement for the provision of services for the generation of unit packet and aggregate level identifiers by PWPW to economic operators involved in the production and trade of tobacco products.
  15. List of Services - a list of Services offered by the Service Provider provided through the Website.
  16. Economic Operator - Any natural or legal person that is involved in the trade of tobacco products, including those intended for export, starting with the manufacturer and ending with the last operator before the first retail outlet.
  17. Facility - any place, building or vending machine where tobacco products are manufactured, stored or marketed.
  18. Machine - a device used in the manufacture of tobacco products which is an integral part of the production process.

CHAPTER 2

TERMS AND CONDITIONS OF PROVISION OF SERVICES BY ELECTRONIC MEANS

§3. Technical requirements for the use of the Website by the User.

  1. The prerequisite for using the Website is for the User to have a device which enables:
    1. access to the Internet,
    2. browsing through Internet resources,
    3. sending and receiving electronic mail.
  2. Furthermore, it is required that the User has an operational Electronic Mailbox ensuring the possibility of connecting and exchanging data with the system referred to in section 1 above.
  3. The Service Provider recommends the use of Internet browsers such as Internet Explorer (version 10 or higher), Firefox (version 38 or higher), Chrome (version 45 or higher), Microsoft Edge, maintaining standard settings (functions such as Cookie blocker or AdBlock may prevent the proper use of the Website).

CHAPTER 3

TYPES AND SCOPE OF SERVICES PROVIDED BY ELECTRONIC MEANS

§4. Types of free Services dedicated to the User.

The free Services offered by the Service Provider through the Website include the following areas of functionality:

  1. Services regarding economic operators
    1. Submission of requests for economic operator identification code
    2. Submission of requests for rectification of information on the economic operator identification code
    3. De-registration of economic operator identification code
    4. Viewing of registered economic operator identification code data
  2. Services regarding facilities
    1. Submission of requests for facility identification code
    2. Submission of requests for rectification of information on the facility’s identification code
    3. De-registration of facility identification code
    4. Viewing of registered facility identification code data
  3. Services regarding machines
    1. Submission of requests for machine identification code
    2. Submission of requests for rectification of information on the machine identification code
    3. De-registration of machine identification code
    4. Viewing of registered machine identification code data
  4. User administration
    1. Creating sub-users
    2. Granting service rights to created users
    3. Granting data rights to the created users
    4. Transferring own rights to created users
    5. Blocking created users
    6. Viewing the data of created users and their rights
    7. Creating a hierarchical structure of users

§5. Types of Services dedicated to the User available after concluding an Agreement for the generation of unique identifiers for unit packaging.

  1. Services regarding unit packet identifiers
    1. Ordering of unit packet identifiers
    2. Cancellation of orders for unit packet identifiers
    3. Download of generated unit packet identifiers
  2. Services regarding aggregated packaging identifiers
    1. Ordering of aggregated packaging identifiers
    2. Cancellation of orders for aggregated packaging identifiers
    3. Download of generated aggregated packaging identifiers

§6. User registration and account

  1. The prerequisite for using the free services of the ID Issuer website is user registration.
  2. The prerequisite for using the services regarding aggregated packaging and unit packets identifiers is user registration and the conclusion of an Agreement for the provision of packaging identifier generation services.
  3. When registering on the website, the User creates an account by providing the data required in the form.
  4. The login and password with which the User will log into their account must be protected by the User against their use by unauthorised persons. For security reasons, it is suggested that the Customer changes the password every thirty (30) days. The password must consist of at least 8 characters and contain at least one character from each of the following sets: digits (0-9), lower case letters (a-z), upper case letters (A-Z), special characters (;,!).
  5. The Customer is liable for actions caused by the use of the login and password by a third party. PWPW is not responsible for the transfer of the password to unauthorised persons.
  6. The User undertakes to immediately inform the ID Issuer website of the obtaining of his/her login and password by a third party.
  7. The website under which the ID Issuer is accessible, the process of the Customer's login to the Website, the creation of the Customer's account, as well as the submission of applications and the performance of other operations, is secured through the use of an SSL certificate.
  8. The Customer has the option to de-activate their account. The de-activation of the account is equivalent to blocking access to all data and information submitted to the ID Issuer Website. De-activation of an account does not result in deletion of data from PWPW systems. To de-activate your account, please contact ID Issuer via support form.

§7. Conclusion of Agreements with Contractors

  1. The conclusion of an Agreement is necessary for the provision of the services relating to the ordering of aggregated packaging and unit packets identifiers.
  2. Agreement conclusion takes place outside the ID Issuer website. In order to conclude an Agreement it is necessary to contact PWPW via e-mail address: idissuer@pwpw.pl.
  3. The Agreement is concluded for the User Account previously created on the ID Issuer Website and indicated by the Contractor. This account must be the main account, i.e. it cannot be a sub-account created within the scope of user administration by another user.
  4. Once the Agreement has been concluded, authorisations are unblocked the User Account for the handling of unit packet identifiers or for the handling of aggregated packaging identifiers. These authorisations allow the functionality of applying for packaging identifiers to be activated.
  5. The rights obtained may be transferred by the User to other users administered by him.

§8. Posting and sharing content by the User within the Website.

  1. The User undertakes to provide only data which is true and not misleading and which does not violate the provisions of the applicable law, including intellectual property rights and personal rights.
  2. The User undertakes not to attempt to gain access to the Account of another User.

CHAPTER 4

COPYRIGHTS

§10. Copyrights.

  1. The Website, as well as the materials contained therein in the form of texts, photographs, graphics, charts, video materials, multimedia materials, are subject to the protection provided for by the provisions of law applicable in this area, in particular the Act of 4 February 1994. on Copyright and Neighbouring Rights (Journal of Laws No. 90, item 631, as amended), the Act of 27 July 2001 on the Protection of Databases (Journal of Laws No. 128, item 1402, as amended), the Act of 30 June 2000 Industrial Property Law (Journal of Laws No. 119, item 1117, as amended).
  2. By using the works or databases made available on the Website, the Users do not acquire any rights or licences to such works or databases.
  3. Users may use the Portal and the materials contained therein only within the framework of permitted use as provided for in the Act on Copyright and Neighbouring Rights and the Act on the Protection of Databases.

CHAPTER 5

EXCLUSION OF LIABILITY

§11. Exclusion of liability.

  1. Individual settings of the User's computer, screen and Internet connection, causing erroneous or distorted performance of operations, cannot be the basis for a complaint.
  2. The Service Provider has the right to temporarily block access to the Website and the Account due to the need to perform maintenance work on the IT system.
  3. The Service Provider has the right to temporarily block access to the Website and the Account for security reasons, including improper use of the Website and the Account or the occurrence of circumstances that could jeopardise the interests of the User or the Service Provider for a period of time necessary to remove the existing threats or irregularities.
  4. The Service Provider shall not be liable for the User's use of the Website and the Account in a manner not compliant with the provisions of these Terms and Conditions.
  5. The Administrator shall not be liable for damages incurred by the User resulting from risks occurring on the Internet.
  6. The User bears full responsibility for actions performed within the Website which result in the submission of a declaration of intent. The Service Provider reserves the right to refuse to perform activities ordered by the User when the circumstances justify doubts as to their authenticity and authorisation or their compliance with the provisions of law.

CHAPTER 6

FINAL PROVISIONS

§12. Terms and Conditions amendment mode.

  1. PWPW S.A. shall be entitled to unilaterally amend the Terms and Conditions upon the occurrence of valid reasons. Valid reasons are deemed to be:
    1. introduction of new legislation and repeal or amendment of legislation already in force affecting the provision of Services by the Service Provider and the functioning of the Website,
    2. adjustment of the Terms and Conditions to necessary changes introduced to the IT system as well as those related to a change of the scope of the Services provided,
    3. discontinuation of the Website by the Provider or change of the Provider.
  2. In case of any amendments to the Terms and Conditions, PWPW S.A. will inform the Users thereof by publishing an announcement on the Website containing information about the changes and the address of the website where the Terms and Conditions are published.
  3. The applicable version of the Rules is available on the Website.

§13. Competent court.

All legal relations arising from the Terms and Conditions shall be governed by Polish law. Any and all disputes shall be settled by a common court of competent jurisdiction in accordance with general principles.

§14. Validity of the Terms and Conditions.

The Terms and Conditions shall enter into force on 10 May 2019.

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