"The Company" or "BIOKINETICA" or "We": the company BIOKINETICA S.A. whose registered office is at Nadwislanska 37, 05-410 Jozefow, POLAND intercommunity VAT number PL5213705566 operating the website biokinetica.com (the "Website").
"You" or "User": any regular or occasional user of the Biokinetica Service, as a Visitor of the Biokinetica Website or a Participant.
"Website": all of the content and pages to which the User has access at the address biokinetica.com.
"Biokinetica Service": all of the services, functionalities and applications accessible via the Website and provided by BIOKINETICA, in particular an online events management tool.
"Client": entity (legal or natural person) who subscribed to the Biokinetica Service.
"Participant": User who, particularly by participating in online events and responding to polls, sends and visualises their information with the Biokinetica solution.
"Content": any content published or distributed on the Biokinetica Service by BIOKINETICA. This includes text, words, information, images, videos, sounds, data or hypertext links.
"Visitor": person visiting the Biokinetica Website, without necessarily having an Account.
1. Ownership of Biokinetica - Acceptance of General Conditions of Use
These General Conditions of Use (the "General Conditions of Use") specify the conditions of use in which the User (or "You") is/are authorised to use the Biokinetica Service and the Biokinetica Website.
These General Conditions of Use represent a binding agreement between You and Biokinetica. You accept these General Conditions of Use when You use the Biokinetica Service.
BY USING THE Biokinetica Service, YOU ACCEPT THESE GENERAL CONDITIONS; IF YOU DO NOT ACCEPT THEM, PLEASE DO NOT USE THE BIOKINETICA WEBSITE OR THE Biokinetica Service.
Biokinetica reserves the right, at its sole discretion and at any time, to change, modify, supplement or delete parts of these General Conditions of Use. You will be given advance notice of any change which is not entirely formal.
If You continue to use the Biokinetica Website and/or the Biokinetica Service after being notified of the changes made, this indicates that You accept the previously mentioned changes. As long as You comply with these General Conditions, Biokinetica grants You a limited, nonexclusive and non-transferable personal right of access and use of the Biokinetica Website and/or, if applicable, the Biokinetica Service.
If Users violate these conditions, Biokinetica may terminate their access or suspend it for a time.
2. Access and operation of the Biokinetica Service
2.1 Access to the Biokinetica Service
The Biokinetica Service is offered on the internet and to access it Users must have an internet connection. All telephone connection and internet access costs are at their expense. Biokinetica does not make any equipment resources available to the User for connection to the Website, particularly telephone installations, terminal equipment, software or subscriptions.
Biokinetica only grants the User a limited, non-exclusive and non-transferable licence to access and use the Biokinetica Service and its content. This licence is subject to compliance with the rules provided by these General Conditions of Use.
Biokinetica is free at any time to interrupt or suspend access to all or part of the Biokinetica Service, or Website, particularly for operational or maintenance reasons, and to modify, suspend, delete the Website and to terminate its publication on the internet, without users having any claim to compensation.
2.2 Operation of the Biokinetica Service
Biokinetica does not guarantee that operation of the Biokinetica Service is continuous or error-free.
Biokinetica cannot be held responsible for unavailability, interruption or malfunction of the Biokinetica Service, for whatever reason and, particularly, in the case of a fault in its internet access provider, its hosting service, the intrusion of a third party or force majeure.
Biokinetica cannot be held responsible for the inconveniences and harm that are an inherent risk associated with use of the internet, such as the presence of viruses or malware.
3. Services to Participants
To use Biokinetica Services, You must be a natural person, aged eighteen (18) or having reached the age of majority in Your country of residence or having obtained the agreement of Your legal representative (parent or guardian) if You are a minor.
You only have a right of access to the Biokinetica Service through a strictly personal invitation which is sent to you.
A Participant can:
- participate in online events
- share images from your webcam or screen during online events
- respond to polls during online events
- ask questions during online events
- send chat messages during online events
- review the recording at the end of the online event if it is activated.
You are solely responsible for the security of your access to Biokinetica Services. Biokinetica cannot be held responsible for the harm your computer may suffer following the loss or sharing of your personal invitation.
Biokinetica cannot be held responsible in any way if your personal invitation is stolen.
You also acknowledge that you are presumed to be the User of your personal invitation and the person responsible for actions undertaken via your access to the Biokinetica Service.
You acknowledge that You, and not Biokinetica, are responsible for all electronic communications and Content sent by You and that You must use the Biokinetica Service in keeping with the applicable laws and regulations.
Access to the Biokinetica Service is given to the User for the duration provided for by their personal invitation.
5. User's general obligations
You are not authorised to use devices, programs, algorithms or other automatic methods of the type known as "deep link", "crawlers", "robots" or "spiders", or any other similar manual process or their equivalents to access, acquire, copy or monitor any part of Biokinetica or the Content, nor to reproduce or bypass the navigational structure or the presentation of Biokinetica or the Content to obtain or try to obtain data, documents or information by means not intentionally made available to you by Biokinetica.
Biokinetica reserves the right to prohibit this type of activity. You must not try to illicitly access any Biokinetica Service function or section, not any other system or network connected to the Biokinetica Service or a Biokinetica server, nor the services offered by Biokinetica, by computer piracy, "sniffing" of passwords or any other unlawful means.
You must not try to probe, analyse or test the vulnerability of the Biokinetica Service or any network connected to the Biokinetica Service, nor infringe the security and authentication measures that have been set up on the Website and on the Biokinetica Service or the networks connected to the Biokinetica Service. You are not authorised to reverse look-up, trace or attempt to trace information on other Biokinetica Service users or visitors, or other Biokinetica clients, particularly any Biokinetica account of which you are not the holder or source, nor exploit the Biokinetica Service or the services or information made available or offered on or via the Biokinetica Service, in any manner whatsoever, with the aim of revealing this information, particularly personal identifying information or information other than your own information, as it appears on the Biokinetica Service.
You undertake not to take any action that would impose an excessive or unreasonable burden on the Biokinetica Service infrastructure, the Website or the Biokinetica systems or networks, or any other system or network connected to Biokinetica Service or Biokinetica.
You undertake not to use any device, software or sub-program to interfere or try to interfere in the proper operation of the Biokinetica Service or any transaction conducted on the site and on the Biokinetica Service or the use of the Biokinetica Service by any other person.
You must not try to fake headers or manipulate IDs in any manner whatsoever to disguise the origins of a message or a broadcast sent to Biokinetica on or via the Biokinetica Service, or a service offered on or via the Biokinetica Service. You must not pretend to be or to represent another person, or pass Yourself off as another physical or legal entity.
You must not use the Biokinetica Service or its Content in an unlawful goal or one that is prohibited by these General Conditions, nor with the aim of encouraging activity that is illegal or infringes the rights of Biokinetica or third parties.
6. Intellectual property – Brands
All of the text, graphics, user interfaces, photographs, commercial brands, logos, sounds, music, illustrations and IT code (collectively designated by the term "Intellectual Content"), particularly the design, structure, selection, coordination, expression, appearance and userfriendliness, the presentation and layout of the Intellectual content, appearing on the Website and on the Biokinetica Service is held, controlled or transferred under licence by or to Biokinetica, and is protected by all the applicable legislation related to intellectual property and unfair competition.
Unless there is an express indication to the contrary in these General Conditions, no section of the Biokinetica Service, the Website or any intellectual Content may be copied, reproduced, modified, republished, uploaded, published, exhibited in public, encoded, translated, transmitted or broadcast in any manner whatsoever (including by "mirroring") on another computer, server, website or publishing or broadcast medium, or for any commercial enterprise whatever, without prior written agreement from Biokinetica.
You can use the information about Biokinetica products and services intentionally made available by Biokinetica for downloading, on the condition that (1) you do not delete the copyright notices on the copies of these documents, (2) you use this information for your personal use for non-commercial purposes and you do not copy and do not publish the information on a network computer and do not broadcast it in any medium whatsoever, (3) you do not make changes to this information and (4) you do not offer any commitment or guarantee about the content of these documents.
It is recalled that any content produced by the User during an online event remains the property of the Client and that ownership thereof shall not be transferred to Biokinetica.
7. Responsibility and Guarantee
Biokinetica will do everything possible to ensure correct operation of the Service and to provide the Service to you 24/7.
Nonetheless Biokinetica only has an obligation of means regarding access to and use of the Service. Biokinetica cannot guarantee that the functions offered by the Service will always be available or free of typographical, technical or other errors, that faults will be corrected or that the Services or servers that host it will be free from viruses or bugs.
The Service may be interrupted temporarily by Biokinetica for reasons of maintenance, test, repair or anything else associated with the improvement and operation of the Service, without creating liability.
Biokinetica is held to an obligation of means within the framework of these General Conditions of Use and cannot under any circumstances be held responsible for any loss, harm or indirect damages of any kind whatsoever as a result of the management, use, operation or interruption or failure of the service.
Biokinetica cannot be considered responsible for the content of external Websites, or for the functionality of access to these Websites. Biokinetica does not approve and is not responsible for the content, ideas, opinions, products or services sold on these external Websites.
8. Personal Data
Biokinetica collects and processes some of the User's personal data (the "Data"), under the conditions provided for by the Data Protection Policy. The Data Protection Policy and its contents are an integral part of these Conditions of Use.
Biokinetica assures the User that his or her Data will be collected and processed in compliance with the provisions of the modified law no. 78-17 of 6 January 1978 on Information Technology, Data Files and Liberties (the "IT and Liberties Law") and Regulation (EU° no. 2016/679 of the European Parliament and Council dated 27 April 2016 (the "Regulation").
The User is invited to consult the Data Protection Policy, where a more detailed account of the conditions of collection and processing of the User's Data can be found.
Due to the provisions of the IT and Liberties Law and of the Regulation, Users have a right to access, to rectification and to erasure of their Data, to restriction of processing or to object to this processing, a right to set instructions for preserving, erasing and communicating their Data after their death and the right to the portability of their Data.
The User exercises his or her rights:
- via their personal space
- by email to firstname.lastname@example.org
- by post Biokinetica – Seminars – Nadwislanska 37, 05-410 Jozefów, Poland
The User may exercise his or her access, rectification and deletion rights directly via their personal area, in accordance with the Data Protection Policy.
Biokinetica undertakes to guarantee the existence of adequate protection levels in keeping with the applicable legal and regulatory requirements.
Biokinetica will notify the CNIL and/or the person concerned of any possible Data infringements covered by the Regulations.
If one or more provisions of these General Conditions is violated, or of the contract of subscription as a Client, or any other document written by Biokinetica, Biokinetica reserves the right to terminate or limit without any prior warning and at its sole discretion, your use and access to the Biokinetica Service, your account and all other Biokinetica Services.
Biokinetica reserves the right to alter the General Conditions of Use at any time.
Each change will take effect from the time it is put online on the Website and on the Biokinetica Service. Biokinetica undertakes to inform Users in advance by email or by a display on the Website and on the Biokinetica Service. The User will have to accept the modification of the General Conditions in order to use the Biokinetica Service.
Biokinetica is free to add and to delete Biokinetica Services and/or to alter their characteristics and conditions of use. It will inform Users about this in advance by email or by a display on the Website and on the Biokinetica Service.
Within the context of using the Biokinetica Service or by its intermediation, the User may be led to make use of or access content provided by third parties. Biokinetica rejects any responsibility with regard to the said services and content, with which it is not involved, the third-party provider of the service or content being solely responsible in relation to the User.
Under no circumstances can Biokinetica be held responsible for any damage that has occurred in the context of exchanges performed outside the Biokinetica Service, even between Users.
11. Applicable law – Competent jurisdiction
Notwithstanding the country in which the User uses the Services, these General Conditions of Use are exclusively governed by Polish law.
Given the global nature of the Internet, Users are reminded that they must also comply with the rules applicable in the territory in which they are using the Website or using the Biokinetica Services.
Users are therefore reminded that they must check the legality in advance of their actions on the Website and the Biokinetica Services with respect to the laws and regulations in force in the territory in which they are performing these actions and operations. In the event of a dispute or claim from the User, from Biokinetica or a third party, concerning use of the Service, only the version of these General Conditions of Use accessible on the Website and on the Biokinetica Service will have binding force between the parties, whatever the date of the disputed facts.
Biokinetica and the User must perform their obligations in utmost good faith. In the event of disputes related to the interpretation, validity and consequences of these General Conditions, the User is invited to contact assistance at the following address: email@example.com