Terms of Service for the Upwind24 platform

Terms of Service for the www.upwind24.pl platform effective from 06.08.2017.

1. General Information

  1. These Terms of Service define the conditions for using Upwind24, in particular the rights and obligations of registered users (hereinafter referred to as the ”Terms of Service”).
  2. Upwind24 reserves the right to change the prices of products offered on the Platform, introduce new products to the Platform's offer, conduct or cancel promotional campaigns on the Platform, or make changes to them, in accordance with these Terms of Service or the regulations of a given promotion. The introduced changes cannot affect the effectiveness or the manner of executing orders placed by users earlier.
  3. By registering on the Platform and thereby accepting the Terms of Service, the user is obliged to comply with them.
  4. Upwind24 is an internet platform that enables its users to manage sports events (hereinafter referred to as ”Regattas”) and access sports results and related information.

2. Definitions

The following expressions used in the text of the Terms of Service have the following meanings:

  1. Complaints address: admin@upwind24.com,
  2. Upwind24, or the Platform - means the online service available at the address www.upwind24.pl,
  3. Services - means electronic services provided by Upwind24 to Users based on these Terms of Service, consisting of providing access to sports results, managing Regattas, and related information,
  4. User - means a person who, by accepting the Terms of Service and completing the registration process, gains access to the services offered within the Upwind24 platform. Users can be natural persons who have reached the age of 18 and have full legal capacity, legal entities, and organizational units without legal personality but able to acquire rights and incur obligations on their own behalf. Users can also be persons who have reached the age of 16 but have not yet reached the age of 18 to the extent that they can acquire rights and incur obligations, in accordance with the provisions of universally applicable law and subject to the rules provided for them, the content of which constitutes Appendix no. 1 to the Terms of Service.
  5. Account - means a set of resources existing in the Upwind24 database under a unique name (login), where User data and information about their actions within the Platform are stored, confirming the status of being a User, from which arise: the possibility of accessing Services after providing the login and password, the possibility of modifying data published within the Account or deleting them, the possibility of modifying Account settings,
  6. Consumer - a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity,
  7. Payment - the method of payment for the Services provided by the User;
  8. Regattas - a sports event created on the Platform upon conclusion of an Agreement between the User acting as an organizer and the Operator.
  9. Platform Operator - Stanisław Klimaszewski conducting business activity under the name Stanisław Klimaszewski UPWIND, located in Giżycko, ul. Rolnicza 57, 11-500 Giżycko, TAX ID: 8451919123; REGON: 281595082.

3. Conclusion of Agreement, Registration, Account Creation, and Registration for Regattas

  1. The agreement for the provision of Services via electronic means is concluded upon the User correctly completing the registration form or the Regatta registration form and accepting the Terms of Service.
  2. By submitting the registration form or the Regatta registration form, the User declares that:
    • the data provided therein is complete and accurate,
    • they are authorized to enter into an agreement for the provision of services via electronic means,
    • the data provided by them does not infringe upon the rights of any third parties,
    • they have read and agree to comply with the Terms of Service.
  3. Upon receiving a correctly completed registration form, Upwind24 will create an Account for the Service Recipient, under the name provided by the User.
  4. The User acknowledges the necessity of having a current, active email address. This address is provided directly on the registration form. The User is required to regularly monitor the provided email address and, in case of any changes, promptly update this information in their account.
  5. The email address is linked to the User's account and will be used for all correspondence related to the provision of Services.
  6. Upwind24 may refuse to create an account with a specific name if it is already in use within Upwind24 or if it receives justified, credible information that it is contrary to the law, good morals, violates personal rights, or the legitimate interests of Upwind24.
  7. The User accesses the account using their email address and access password. The User is obliged not to disclose their access password to any third party and bears sole responsibility for any damages resulting from its disclosure.

4. Conditions of Service Provision by the Service Provider

  1. The technical requirements necessary to create an Account and provide the Service through the Platform are as follows:
    • Internet connection,
    • web browser: Safari 12 or newer, Chrome 64 or newer, Firefox 67 or newer, Edge 79 or newer,
    • enabled support for cookies,
    • enabled support for JavaScript.
  2. Upwind24 reserves that using the Services may involve standard risks associated with the use of the Internet and recommends that Users take appropriate steps to minimize them.
  3. Upwind24 undertakes to commence the provision of services to the User no later than 24 hours from the moment the Account is created. If the Account is created on a public holiday, the provision of services will commence no later than the end of the first following business day.
  4. Upwind24 reserves the right to technical interruptions in the operation of the Platform in accordance with section 5 point 2) lit. a below, committing to, as far as possible, ensure that technical interruptions occur in the evening hours. In the event of a technical interruption lasting longer than 24 hours, Upwind24 will extend free access to the Platform to all currently active Users for the duration of the technical interruption.

5. Rights and Obligations of the Service Provider and Service Recipients

  1. Upwind24 undertakes to provide Services constantly and uninterruptedly.
  2. Upwind24 reserves the right to:
    • temporarily cease the provision of Services due to maintenance or modifications of the Platform,
    • send communications related to the functioning of the Services to Users' email addresses,
    • refuse to provide Services if the User provides an incorrect, false, or temporary email address,
    • modify the provided Services, tools, and the operation of the Platform without prior notice of such intentions,
    • personalize the content of information sent to Users and select recipients arbitrarily.
  3. Upwind24 reserves the right to cease providing Services, delete any User data, transfer rights to the Platform to another entity, and take any other legally permissible actions related to the Platform, for which Users will not have any claims against Upwind24.
  4. The User has the right to edit the data related to the Services provided by them at any time.
  5. By using the Services, the User is obliged to refrain from:
    • publishing offensive content, contrary to the law, or violating the protected personal rights of third parties,
    • using the Platform to publish advertisements for goods and services and any commercial information,
    • copying, modifying, distributing, transmitting, or otherwise using any works and databases made available on the Platform.
    • taking any actions that may hinder or disrupt the operation of the Platform, and from using it in a manner inconvenient for other Users,
    • using the Services in a manner contrary to the law, good morals, infringing upon the personal rights of third parties, or the legitimate interests of the Service Provider.
  6. Upwind24 reserves the right to:
    • block access to User resources containing erotic, pornographic, containing illegal software or information about its acquisition, and other content contrary to the law, good morals, or the legitimate interests of the Platform Operator, upon receiving credible, justified information on this matter,
    • remove from the Platform content provided by the User through their intermediation, if such content violates the provisions of these Terms of Service.
  7. The User has the right to privacy protection in accordance with the Privacy Policy applied by Upwind24 to each User of the Platform.

6. Free Regatta Package

  1. The User may commence the Services along with the free regatta package ("STARTER Package"). The STARTER Package is unlimited in duration, limited solely by the limits of entries, number of yachts, and persons handling the Regatta. Its purpose is to enable Users to try out the Services for free.
  2. When the User exhausts the free STARTER Package, they have the option to remove the limits by switching to one of the offered paid packages. Switching to a paid regatta package will incur a financial charge.
  3. Each User has the opportunity to use an unlimited number of free STARTER Packages, but cannot combine them into single Regattas taking place at the same time and in the same location.

7. Payment Conditions

  1. Some of the Services provided by Upwind24 are subject to charges for Users.
  2. Upwind24 is not an Internet service provider. In order to use the Services, Users should independently obtain access to a computer workstation or end device, through which they can access the Services via the Platform.
  3. Payment for regatta packages is one-time.
  4. The Platform supports electronic payments and payments by debit/credit card.
  5. Payments are processed by PayPal Holdings Inc., PayPro S.A., and PayU S.A.
  6. By entering into an agreement with the Operator and selecting a specific regatta package, the User agrees to a one-time debit by PayPal Holdings Inc., PayPro S.A., or PayU S.A. from their debit/credit card or bank account, in the amount corresponding to the value of the fee for the Service.

8. Liability

  1. Upwind24 and the User are obligated to remedy any damages suffered by the other party as a result of non-performance or improper performance of their obligations under the Regulations, unless such non-performance or improper performance was due to circumstances for which the party is not responsible.
  2. Upwind24, which has received official notification or credible information about the unlawful nature of data transmitted by the User and has prevented access to this data, shall not be liable to this User for any resulting damages.
  3. Upwind24 is not liable for any damages resulting from the cessation of services. It is also not responsible for damages resulting from the cessation of services and the deletion of a User Account violating the Regulations.
  4. Furthermore, Upwind24 is not liable for:
    • any damages caused to third parties as a result of Users' use of the Services in violation of the Regulations or legal provisions,
    • content provided by Users through the Services, which violates the law or the protected personal rights of third parties,
    • information and materials downloaded, posted on the Platform, or transmitted via the Internet by Users,
    • loss of User data caused by external factors (e.g., equipment failure) or other circumstances beyond Upwind24's control (actions of third parties),
    • damages resulting from the discontinuity of service delivery, which are the result of circumstances for which Upwind24 is not liable (force majeure, actions and omissions of third parties, etc.),
    • Users providing untrue or incomplete information during Account registration,
    • Users not complying with the terms of the Regulations.

9. Complaint Procedure

  1. Service Recipients have the right to lodge complaints regarding the execution of the Services.
  2. Complaints are handled by Upwind24.
  3. A properly filed complaint should contain at least the following information:
    • User's identification (name, surname, email address),
    • subject of the complaint,
    • circumstances justifying the complaint.
  4. If the complaint does not contain the necessary information for its consideration, the Platform Operator will request the complainant to supplement it to the necessary extent, and the 14-day period will then commence from the date of receipt of the supplemented complaint. Complaints should be submitted to the Complaints Address.
  5. Upwind24 will make every effort to ensure that complaints are considered no later than 14 days from their receipt from the User. The User will be promptly notified by electronic mail to the address provided in the complaint of the decision resulting from the complaint review.
  6. The Platform Operator may contact the User in the following forms:
    • written to the address provided by the User for correspondence,
    • electronically to the email address provided by the User,
    • by telephone to the telephone number provided by the User.
  7. The User has the right to appeal against the decision made by the Platform Operator within the framework of the Complaint (Appeal). The provisions of this section shall apply mutatis mutandis.

10. Termination of Agreement

  1. The agreement for the provision of Services electronically may be terminated by either party.
  2. The User has the right to terminate the agreement for the provision of Services electronically by deleting their Account independently.
  3. Upwind24 has the right to terminate the agreement for the provision of Services electronically and delete the User's account in the following cases:
    • the User's violation of material provisions of the Regulations,
    • receipt by the Platform Operator of credible, justified information that the account name is contrary to law, good manners, violates the personal rights of third parties, or the legitimate interests of the Platform Operator,
    • the User posting content that violates applicable law,
    • the User's use of the Services contrary to their intended purpose,
    • the User deleting the email account that was used to create the account.
  4. Upwind24 will inform the User of the termination of the agreement (if there is such a technical possibility) immediately after deleting the account.
  5. Upwind24 reserves the right to refuse to provide Services to the User and delete their account if it is created again after deletion due to a violation of the Regulations.

11. Final Provisions

  1. The Regulations come into force on 06.08.2017.
  2. Upwind24 has the right to unilaterally amend the Regulations. Changes to the Regulations come into force after 7 days from the date of posting the amended Regulations on the Platform. Upwind24 will notify Users of the change to the Regulations by publishing relevant information on the Platform.
  3. In the event referred to in point 2 of this section, the User has the right to terminate the agreement for the provision of electronic services immediately after receiving information about the change to the Regulations. If the User fails to do so, it is deemed that the User has accepted the amended Regulations.
  4. The Regulations and agreements for the provision of electronic services are subject to Polish law.
  5. The law applicable to the agreement between the User and the Platform, the subject of which are Services provided by the Platform Operator within the Platform on the terms specified in the Regulations, is Polish law. Any disputes related to services provided by Upwind24 will be settled by the competent Polish common courts. A User who is a consumer has the possibility to use out-of-court dispute resolution and claim enforcement before the Permanent Consumer Arbitration Court at the Provincial Inspectorate of Trade Inspection in Olsztyn. Information on how to access the aforementioned procedure and dispute resolution procedures is available at: http://www.uokik.gov.pl, in the "Consumer dispute resolution" tab. A consumer User also has the option to use the EU's online ODR platform, available at: http://ec.europa.eu/consumers/odr/. In matters not regulated in the Regulations, the provisions of the Act on the provision of electronic services, the Personal Data Protection Act, the Civil Code, and other mandatory provisions of law apply.
  6. Detailed information on personal data protection is available in the Privacy Policy.
  7. If any provision of the Regulations is declared invalid by a final court judgment, the remaining provisions remain in force.

Attachment No. 1

During Registration, a User who is 16 years old but has not yet reached 18 years of age declares that they enter into agreements within the Platform with the consent of their legal guardian. The User or persons who, by law or agreement, are obligated to supervise them, are responsible for the User's actions within the Platform, in particular bearing full liability for damages towards the Platform Operator. The restrictions mentioned in this Attachment No. 1 will be automatically lifted – upon the User reaching 18 years of age, or upon the documented request of the User – upon reaching legal adulthood in other cases provided for by law.