TropicalVenues.com, as the Service Provider, is not a party to contracts related to the organization of vacations, weddings or other occasional parties and a party to other contracts for the provision of services or preparation of works (e.g. filming, photographing, musical setting) – in this respect, the legal relationship exists between the Company and the Fiancés/Vacationists or between the Partner and the Fiancés/Vacationists. The Service Provider provides only tools that are intended to help Fiancés/Vacationists, Companies, and Partners to communicate with each other and organize
or events related to the wedding reception and provide services related to
vacations, a wedding or other occasional events.
The Service Provider shall not be liable for claims related to agreements linking the Companies with the Fiancés/Vacationists
or connecting the Partners with the Fiancés/
Vacationists. Therefore, the Fiancés/Vacationists
must carefully read the terms of service and work provided by the Companies and the Partners.
1.1 Company – a User or a group of Users operating in the tourist/wedding industry or involved in event
organization who as part of
Website want to promote their
services or services of another entity from the
tourist/wedding industry or event
organization, whose interests they represent.
1.2 Account – an individual Company profile created after the registration as a part of the Website.
1.3 Partner – an entity other than the Service Provider and the Company whose services or goods are presented on the Website or whose goods or services are presented in the messages addressed to the Users.
1.5 Website – the website TropicalVenues available in the
1.6 Contract – a contract for the provision of electronic services concluded between the Service Provider and the User.
1.7 Services – services provided by the Service Provider to the Users via the Website which are described in Terms and conditions.
1.8 Service Provider – Axel Media (Tax ID: PL 6572665910, Company ID: 260278640), 26-001 Masłów Drugi, Krajobrazowa 99, Poland.
1.9 User – a natural person or legal entity using the Website; to use the Website, the minors are required to receive written consent from their parents or legal guardians and present it at the request of the Service Provider.
2. GENERAL PROVISIONS
2.2 Full use of the Website requires an e-mail account.
2.3 Costs associated with the fulfillment of technical requirements necessary to use the Website and Services are charged to the User.
2.5 Using the Services may involve typical risk related to the use of the Internet, which is why the Service Provider recommends that Users take appropriate actions to minimize the risk, such as e.g. using antivirus programs.
2.6 Payments on the Website may be made using the electronic payment system integrated with the Website, i.e. PayPal. Before starting using PayPal services, the User should read and accept the regulations available on their website.
2.7 It is forbidden to use the Website or particular Services in a manner that violates the law, good practices or legitimate interests of the Service Provider or other Users.
2.8 The User and other visitors of the Website are obliged to respect the personal and intellectual property rights of the Service Provider, employees of the Service Provider, Partners, Companies and other third parties. The User and other visitors of the Website must not post any materials or content on the Website that will violate personal and property rights as well as intangible assets of the above-mentioned persons.
2.9 The User is obliged to use the Website as it is intended and to refrain from any activity that could disrupt the proper functioning of the Website. As a form of such activity will be recognized in particular:
a) placing or
disseminating content containing any viruses, malware, worms, Trojan horses,
malicious code or other means that may damage the Website or technical
infrastructure in which the Website operates;
b) automated use of the Website, which may lead, for example, to the excessive loading of the Website;
c) attempts to access those elements of the Website that are not made public;
d) preventing or hindering
other persons from the use of the Website;
e) posting content on whose placement the Service Provider has not agreed.
2.10 The Service Provider shall take actions on an ongoing basis to ensure the proper functioning of the Website. In the event of errors in the functioning of the Website or any technical problems in the use of the Website, the User may inform the Service Provider about this fact. The Service Provider shall immediately take actions to restore the proper functioning of the Website.
2.11 The Service Provider reserves the right to temporarily disable access to the Website in order to check, maintain or update it. The Service Provider will inform the Users about the event in the appropriate message on the Website unless it is not possible to add such information.
2.12 The Service Provider reserves the right to make information on the activities of the Service Provider, Companies or Partners commercially available via the Website.
3. POLICY OF COPYRIGHT AND RELATED RIGHTS
3.1 The Users, the Companies and the Partners acknowledge and realize that they are solely responsible for their own content (including photographs, film recordings, videos, text descriptions, logos) and the effects of posting or publishing them on the Website.
3.2 The Users, the Companies and the Partners undertake to make sure that the content posted by them on the Website does not contain any materials being subject to property rights of the third parties (including copyrights or related rights, privacy protection and rights to control the use of the image), unless they have an official license or consent from the rightful owner or entitlement of another title to post the material in question on the Website and to grant the Service the license referred to in paragraph 3.5 below.
3.3 Upon becoming aware of any potential violation of property rights of the third parties (e.g. as a result of reporting), the Service Provider will immediately inform the User, the Company or the Partner about the situation (i.e. possible violation of rights) using the email address provided during the Account registration and ask for explanations. The User, the Company or the Partner undertakes to provide the Website with proper explanations within 24 hours, counting from the moment the message is sent by the Website. Lack of explanations within this period will result in the removal of the disputable content from the Website.
3.4 In the event of the Service Provider’s confirmation of the third parties property rights infringement, the content in question will be removed from the Website, and the Administrator is entitled to make a decision to block the advertisement and/or permanently/temporarily block the User’s, the Company’s or the Partner’s Account and/or permanently delete it. Removal of the content infringing property rights of the third parties, as well as blocking the advertisement, blocking the User’s, the Company’s or the Partner’s Account or deleting it, takes place without the right to any compensation to the User, the Company or the Partner.
3.5 By sending any content to
or posting it on the Website, the Users, the Companies and the Partners provide:
a) the Administrator with unlimited territorial, non-exclusive, free and transferable license (with the right to sublicense) to use, reproduce, record the content and to its dissemination (in particular by placing the it on the official TropicalVenues accounts/profiles on social networks) as well as marking the content with a watermark. The display of the content is in close connection with the activities and operation of the Website, including promotion and dissemination the services offered by the Website (partial or regardless to the format of the media and the method of transferring the material);
b) each User of the Website with an unlimited territorially, non-exclusive, free license to access
their content via the Website and social networking sites referred to in the item
3.5 a, as well as to use such content.
3.6 The aforementioned
licenses, referred to in 3.5, provided by the User, the Company or the Partner
with respect to the content shall expire once the person in question deletes
the content from the Website.
3.7 The Users, the
Companies or the Partners declare that in the case of any claims for
infringement of the third parties rights received by TropicalVenues in relation
with the content placed by them on the Website, they undertake to initiate a
dispute and exempt the Website from all liabilities arising as a result of
these claims (including covering all costs related to the participation in
court proceedings and possible enforcement proceedings, e.g. costs of legal
services for such proceedings).
4.1 In order to use the Account, as well as the services covering adding the company’s offer, the User must register on the Website. Registration is free.
4.2 The service covering browsing information and searching for the offers
on the Website does not require registration.
4.3 The User’s registration begins with filling out an electronic form that appears after clicking on the "Add your business for free”, “Add your company” or “Register" link. The Users receive a confirmation e-mail then. Registration is tantamount to accepting the terms and conditions of
presented in the following document.
4.4 In the process of the Account registration, it is forbidden for the Users to use by the data belonging to other people (including i.a. e-mail addresses) unless one has the explicit consent of such persons to use their data within the Website.
5.1 The Service Provider
provides electronic services at TropicalVenues.com.
5.2 Conclusion of a contract for the provision of a specific service does not require the User to use all services. The User may freely start and stop using particular services at their own discretion, in accordance with the terms of the contract for the provision of a specific service. The Website provides electronically the following services:
a) the possibility to
view the information posted on the Website;
b) maintaining an
c) providing tools for contacting The Users, the
Companies and the Partners;
d) search engine;
e) adding and editing
f) purchase of
additional promotion options.
5.4 The contract for the provision of adding and editing services is concluded for a definite period, i.e. for the duration of the Website's operation.
5.5 As part of the information provided electronically, the User may receive i.e. information (including commercial information) about the activities of the Companies and the Partners.
6. THE RIGHT TO WITHDRAW FROM THE CONTRACT
6.1 The User who is a
consumer may withdraw from the contract for the provision of electronic
services without giving a reason by making a statement on the subject in
question within the period of 14 days from the date of concluding the contract.
6.2. Lack of information
about the User’s will to withdraw from the contract provided within the period
of 14 days from the date of concluding the contract, keeps the contract valid
in law. Consequently, in that case, the User is obliged to pay the agreed amount
of money stated on the invoice / proforma invoice received as a confirmation of
the contract conclusion. Failure to pay results in taking further legal steps
by Axel Media, being the owner of TropicalVenues Website.
6.3 In the case of the effective withdrawal by the consumer, the contract is considered void.
7. FINAL PROVISIONS
7.1 The current version
7.5 In the event of the
planned closing of the Website, the Users will be informed about it in the manner
described in paragraph 7.3 of the following document 30 days before closing
7.6 All disputes shall be settled according to Polish law.
7.7 Any disputes arising in connection with the use of the Website by the Users who are consumers will be resolved by a competent common court. The Users also have the option of using out-of-court complaint and redress mechanisms. In particular, they may:
a) submit an application for settling the dispute to a permanent consumer arbitration court operating at the Trade Inspection in Kielce;
b) submit an application for the initiation of mediation proceedings regarding the amicable settlement of a dispute between the consumer and the Service Provider to the voivodeship Inspector of Trade Inspection in Kielce;
c) use the help of poviat or municipal consumer ombudsman or social
organization, whose statutory tasks include the protection of consumers.
7.8 In the event of disputes with non-consumer Users, the court of general jurisdiction (according to the Service Provider’s
current postal address) shall be applicable.
7.9 Disputes between
the Service Provider and non-consumer Users, in particular between the Service
Provider and Companies or Partners, will be resolved by the appropriate court (according
to the Service Provider’s current postal address).
7.10 Users who are consumers pursuant to the Regulation of the European Parliament and the Council No. 524/2013 from the 21 May 2013 on the online system of consumer dispute resolution and amendments to EC Regulation 2006/2004 and Directive 2009/22/EC (ODR Regulation in consumer disputes) are entitled to use the online platform for settling disputes (ODR platform).