I. General provisions and definitions
1. These terms of the provision of services electronically ("Terms of Service") set out the rights and obligations of the parties to an agreement for the provision of services electronically using the www.anwim.pl website, which is owned by Anwim S.A..
2. The following terms used in these Terms of Service will have the meanings set forth below:
a) "Provider" or "we"/us" means Anwim S.A.;
b) "Website" means the website available at www.anwim.pl, including all the pages within that website;
c) "Electronic Services" means the services provided by the Provider which are referred to in section 2(2) the Act of 18 July 2002 on the Provision of Services Electronically (consolidated text published in Dz.U. [Journal of Laws] of 2020, item 344).
d) "Customer" or "you/your" means an individual that uses the Website.
3. Our contact details are as follows:
a) address: 01-237 Warszawa, Stańczyka 3;
b) E-mail address: biuro@anwim.pl
II. Provision of services electronically
1. We will provide the following Electronic Services to you:
a) we will make the Website, including its pages, available to you;
b) we will make our contact form (including for recruitment purposes) available to you;
c) we will make it possible for you to make an appointment at a tyre service station, to buy tyres and to collect them or have them delivered;
d) we will make the MOYA filling station search tool available to you;
e) we will provide you with customer services via our e-BOK functionality.
2. The Electronic Services provided by us include the following:
a) in respect of the service described in 1(a) above: to develop the Website, including its pages, and to publish the same to the public via the Internet so that any Internet user (Customer) could access the content of the Website, including its pages, at any time;
b) in respect of the service described in 1(b) above: to make the contact form available to you so that you could contact the Provider directly from the Website;
c) in respect of the service described in 1(c) above: to make the tyre service booking form available so that you could order and buy tyres according to the Tyre Service Appointment Booking Terms & Conditions;
d) in respect of the service described in 1(c) above: to make it possible for you to find 5 MOYA filling stations located within a distance, which you may set in kilometres, from a location of your choice;
e) in respect of the service described in 1(d) above: to make our e-commerce service available to you, as per the Terms of the Provision of Anwim S.A.'s E-commerce Service.
3. All Electronic Services are provided to Customers free of charge.
4. You will be able to make proper use of the Website and the Electronic Services provided by the Provider if you ensure that the following technical requirements are met:
a) You must have access to the Internet;
b) You must have a web browser;
c) You must have an active e-mail account.
5. Your access to the Website and/or the provision of other Electronic Services may be temporarily suspended without prior notice and for various reasons. We cannot guarantee that you will be able to access the Website and/or that your access will be uninterrupted and/or error-free. The Provider may from time to time suspend or limit your access to the Website, particularly when repairs or maintenance are needed or when a new solution is to be implemented.
6. When using our Electronic Services, you must, in particular,
a) use the services without disrupting them by using, for example, specific software or tools (especially prohibited devices as this term is defined in the Act of 5 July 2002 on the Protection of Certain Services Provided Electronically and Based on or Involving Conditional Access (Dz.U. [Journal of Laws] of 2015, item 1341);
b) refrain from actions such as sending unwanted commercial information (spam) or uploading such information within the Website and/or on its pages;
c) use the services in a way that causes no inconvenience to other Internet users and/or the Provider;
d) use the services in accordance with the provisions of the law applicable in the Republic of Poland, these Terms of Service and the general rules of Internet etiquette.
7. You are not allowed to deliver (or use any Electronic Services to upload) any illegal content, whether or not such content is targeted at a particular individual or an unidentified group of recipients, including (but not limited to) content which
a) infringes the personal rights of any third parties,
b) infringes the intellectual property rights of any third parties,
c) infringes the trade secrets of any third parties,
d) constitutes an act of unfair competition,
e) discriminates against or incites discrimination against anyone on any grounds;
f) calls on or encourages anyone to do anything against the law.
8. If you have acted against the provisions of paragraph 7, you may be denied access to the Electronic Services.
9. If you feel that the Electronic Services are provided improperly, you may lodge a complaint to the Provider by email, using the e-mail address given above. It must be clear from your complaint what you are dissatisfied with. We will consider the complaint on a first-received first-considered basis and immediately, but not later than within 14 (fourteen) of its receipt. If you are disagree with our decision, you will still be able to exercise your rights under the applicable law.
III. Final provisions
1. These Terms of Service will become effective when published on the Website, i.e. from 16 November 2021.
2. These Terms of Service may be amended.
3. All materials published on the Website are protected by intellectual property rights of the Provider and/or of third parties that have authorised the Provider to use such materials. You must not copy, reproduce or quote any materials from the Website. Your violation of this prohibition will constitute a violation of the law, for which you will be prosecuted under the applicable law.
4. Any disputes that may arise from these Terms of Service and/or any agreement based on these Terms of Service will be resolved in accordance with Polish law.
5. We will be liable to you in connection with our performance, non-performance or defective performance of our agreement with you only if this arises out of our intentional fault, and our liability will be limited to the actual economic loss you have suffered.