Terms of service for using the Utilitia.pl website and the Utilitia service
§ 1 General provisions
These Terms of Service set out the rules for using the utilitia.pl website and the
Utilitia service (also referred to as validator.utilitia.pl), in particular the rights and obligations of registered users of utilitia.pl,
the utilitia service and the conditions for using services provided remotely, offered
by utilitia.pl.
Whenever the Terms of Service refer to:
the “Administrator”, this is to be understood as - Utilitia Ltd.
with its registered office in Kraków, ul. Świętokrzyska 14 (30-015), operating
on the basis of an entry in the Register of Entrepreneurs of the National Court
Register no. KRS 000032109, holding statistical number REGON 120838380,
using in commercial transactions tax identification number
NIP 5130177917 - the owner of the utilitia.pl website and the operator of the
Utilitia service.
the “User” – a natural or legal person who, by accepting the
Terms of Service and completing the registration procedure, gains access to the electronic
services offered by the Administrator within the
utilitia.pl website (e-services).
“Free services” – the free-of-charge features of the Utilitia
service made available, articles, news, events, blogs, posts, video
materials, logotypes, photos and comments published on utilitia.pl.
“Paid services” – sponsored articles, use of the Utilitia
service – the Standard, Silver, Gold and Options variants, taking advantage of an
offer dependent on the subscription version, advertising on the pages of the
utilitia.pl portal.
the “Account” – an entry existing in the database of utilitia.pl or the
Utilitia service, confirming the fact of the User's registration, from
which the possibility of access to e-services after providing a login and password arises,
as well as the possibility of modifying the Account settings and the data in the Profile.
the “Profile” – a place in the Utilitia service
where information about the User is placed, including the required personal
data known only to the Administrator, posted under the conditions
set out in the Terms of Service and the appendices to the Terms of Service, the User's archival
reports and analyses.
“e-services” – services provided within the meaning of the Act of 18 July 2002
on the provision of services by electronic means (Journal of Laws no. 144, item 1204 as amended),
i.e. the performance of a service provided without the simultaneous presence of the parties
(a remote service), through the transmission of data at the individual request
of the recipient, sent and received by means of devices for the
electronic processing of data, including digital compression, and
data storage, which is entirely sent, received or
transmitted by means of a telecommunications network within the meaning of the Act of
16 July 2004 Telecommunications Law (Journal of Laws no. 171, item 1800 as amended).
Entries – textual, graphic or multimedia materials
posted on the utilitia.pl website.
By registering an Account or using the free functionality of the Utilitia
service, which does not require registration, the User consents to
all the provisions of the Terms of Service and undertakes to comply with them.
In the event of withdrawing consent to any of the conditions of the Terms of Service, the User
is obliged to immediately delete their Account by
notifying the Administrator of the withdrawal of consent or by deleting the
account themselves, as well as to refrain from using the functionalities that do not require registration.
The utilitia.pl portal together with the Utilitia service is an innovative tool
enabling its users to check pages and entire websites
for their accessibility to the widest possible group of recipients.
The utilitia.pl website contains information concerning the broadly
understood accessibility of websites in Poland and worldwide, coming
from many sources. The main source is material created by the
World Wide Web Consortium (W3C).
Some of the information consists of summaries of press releases or from online
portals and is edited by the utilitia.pl team.
§ 2 Conclusion of the contract for the provision of e-services
Using e-services within utilitia.pl
requires creating an Account, which takes place by completing the registration
form and providing the mandatory data in it, reading and
accepting these Terms of Service and activating the Account, or
using the free functionality, which does not require registration.
The contract for the provision of e-services is concluded upon sending the completed
registration form, in accordance with § 4 below.
E-services in full are provided exclusively to registered
Users after correctly logging in to the Account.
The contract for free services is concluded for an indefinite period.
The contract for paid services is concluded for a definite period, in accordance with
the price list of the portal and the Utilitia service.
The type of free services is determined by the Terms of Service.
The type of paid services is determined by the Price List.
The User authorises the Administrator to issue a VAT invoice without the recipient's signature.
§ 3 Termination of the contract for the provision of e-services
Either party may terminate the contract for the provision of e-services without giving reasons and with immediate effect.
The Administrator terminates the Contract by deleting the User's Account.
The User terminates the Contract by submitting a request to delete the Account
to the Administrator or by deleting the account themselves.
The Account is deleted after the expiry of the contract notice period of
72 hours. In the event of the account being deleted by the User, the account is
deleted immediately.
The Administrator reserves the right to delete the Account of a User whose
actions are deemed harmful to utilitia.pl.
The Administrator reserves the right to modify the e-services, tools and the manner of operation of
utilitia.pl together with the Utilitia service,
including the deletion of everything gathered in the database, the cessation of
operations, the transfer of rights to utilitia.pl
and the undertaking of all actions permitted by law in connection with the
website. The User is not entitled to any claims against the Administrator on account of the indicated actions.
§ 4 Account registration
Account registration consists in completing and sending the form available at the following address:
http://validator.utilitia.pl/signup.
It is required to provide an email address and a password. In the future the
Administrator may introduce further required fields, of which Users
will be notified and will have to complete these fields with the appropriate data within the deadline
specified by the Administrator. Failure to complete
the mandatory data will result in the deletion of the User's Account.
Data must be entered in the profile fields intended for this purpose. The fields
may contain only the data for which they were intended.
If it is found that the User has provided false or
outdated data, the Administrator has the right to:
call on the User to immediately remove the incorrect data,
block the User's Account until the matter is clarified,
delete the User's Account.
In the event of justified doubts as to the truthfulness
of the data entered by the User, the Administrator may request
the presentation of relevant documents confirming it.
It is not permitted to make your Account available to other entities, nor to
use Accounts belonging to other entities.
§ 5 Use of e-services
E-services based on free tests and provided to Users free of charge include:
Analysis of a single website using the testing modules
specified by the administrator,
After registering an account, the possibility of analysing the number of subpages
specified by the Administrator using the testing modules
specified by the Administrator,
Viewing the analysis report and archival reports,
In the case of registered accounts, the possibility of being notified of a
completed analysis by email.
The scope of the e-services provided may change.
Viewing the analysis report and archival reports referred to in § 5 sec. 1 point c will be available for a period of 3 years.
E-services based on paid analyses constitute an extension of the e-services, and
are priced according to the price list available at the following address:
http://www.utilitia.pl/oferta/cennik-utilitii/,
and they can be purchased by buying a subscription or individually.
The subscription is available in the Standard, Silver, Gold and Portal Partner versions.
All payments related to the purchase of e-services are made by
bank transfer order to the bank account of the operator of the utilitia.pl website
no. 18 2130 0004 2001 0472 6006 0001.
Actions that may hinder or destabilise the operation of the utilitia.pl portal
and the Utilitia service are not permitted.
If the Administrator finds that the User engages in
such actions, their Account will be immediately deleted. Actions of the
User consisting in attempting to destabilise the website or service may
also be deemed an offence within the meaning of the provisions of the Criminal Code.
The mechanisms of the Utilitia service may not be used to promote pages
containing pornographic, racist or other content contrary to
Polish law and good morals.
The User is obliged in particular to:
comply with these Terms of Service,
refrain from any actions that may hinder or disrupt the functioning of
utilitia.pl or the Utilitia service and from using the e-services of the website
and the service in a manner that is burdensome for other Users,
respect the proprietary copyrights and the rights arising from the
registration of inventions, patents, trademarks, utility and
industrial designs of other persons.
It is not permitted to post on the
utilitia.pl portal
content that is unlawful, offensive, untrue, contrary to the law
generally applicable in Poland, promoting violence, morally
reprehensible or infringing generally recognised good morals. Such content
and the Accounts of their authors may be deleted by the Administrator with
immediate effect. Upon a duly documented request, utilitia.pl
may make available the data of the author of an entry infringing the law or threatening
the rights of the person aggrieved by the entry to law enforcement authorities.
A user posting material in the form of statements or comments waives all claims against the Administrator in respect of the free-of-charge use (including removal from utilitia.pl without giving a reason) of such content.
The Administrator is not liable for the content of „sponsored articles” and advertisements on the utilitia.pl pages. The Administrator also reserves the right to remove Entries without giving a reason and notes that the opinions expressed by Users do not necessarily reflect the views of the Administrator.
The Administrator reserves the right to remove any information which it suspects of being unlawful.
Utilitia.pl endeavours to provide current and reliable information; however, it accepts no responsibility for information constituting a press review, the source of which is given at the end of the edited item.
The Administrator reserves the right to change, withdraw, suspend or add any function or feature of utilitia.pl or of the Utilitia service.
The Administrator is not liable for interpretations and content disseminated by users of utilitia.pl, and in particular for users' actions that infringe the rights of third parties, including copyright.
Use of utilitia.pl content for purposes other than personal use, in particular for commercial purposes, is permitted only with the Administrator's consent. The use of material published on utilitia.pl for purposes other than personal use (in particular copying, reproduction, publication in whole or in part) is governed by the general rules of copyright law.
All company, trade and commercial marks appearing on the utilitia.pl pages or in the service are subject to legal protection.
The Administrator makes every effort to ensure that the tests carried out by the Utilitia service are reliable and consistent with the actual state of affairs; however, it is not liable for situations in which the tests present a result different from reality. In such a case, a User who notices an irregularity in the operation of the service should notify the Administrator of the fact; the Administrator will make every effort to remedy the situation, but is not obliged to do so.
§ 6 Protection of personal data – privacy policy
On the basis of the consent obtained from the User, the Administrator has the right to process the personal data received from Users for marketing and promotional purposes. The data provided by the User may be processed for marketing purposes only by the Administrator and entities authorised by it in accordance with the provisions of the General Regulation of the European Parliament and of the Council (EU) No 2016/679 of 27 April 2016.
While the user is using the Utilitia service and the utilitia.pl website, the following data is collected automatically:
The user's IP address
Type of browser and operating system. This data is collected solely for statistical purposes and may be passed on only to the bodies authorised to receive it in the event of a suspicion that the user has committed an offence.
The Administrator protects Users' personal data in compliance with the requirements set out in the applicable legal provisions. Passwords are stored using the SHA2 hash function together with an added so-called Salt.
The User has the right to access their data and the right to correct it. The provision of personal data by the User is voluntary.
The User has the right to demand that the processing be discontinued and/or that the data referred to above be deleted – in which case, the deletion of the data necessary to provide the e-service shall be equivalent to a declaration of termination of the agreement.
The privacy policy published on the page: http://utilitia.pl/polityka-prywatnosci forms part of the agreement for the provision of e-services on the utilitia.pl portal.
A user of the utilitia.pl website authorises the operator of the utilitia.pl website and of the Utilitia service to send correspondence to the User's email address.
Some areas of the utilitia.pl website or of the Utilitia service may use cookies, i.e. small text files sent to the User's computer that identify the User in a way needed to simplify or complete a given operation. Cookies work on condition that they are accepted by the browser and not deleted from the disk.
The privacy policy may change; in such a case it will be placed in the same location as the present document, i.e. http://www.utilitia.pl/terms.
The entity processing and collecting users' data is the administrator, i.e. Utilitia Ltd. with its registered office in Kraków, ul. Świętokrzyska 14 (30-015), operating on the basis of an entry in the Register of Entrepreneurs of the National Court Register under KRS No. 000032109, holding statistical number REGON 120838380, using in commercial transactions tax identification number NIP 5130177917 – owner of the utilitia.pl website and operator of the Utilitia service.
§ 7 Intellectual property
The User may post content in Entries only on condition that they hold all the rights necessary for its lawful exploitation. The User holds the copyright to Entries that meet the above conditions. Should Entries not meeting these conditions be posted, the User alone is responsible for satisfying the claims of third parties arising from the infringement of the rights referred to above.
Upon entering content in Entries, the User grants the Administrator a licence for the term of the agreement and the following 5 years to use the content entered by the User, including:
publishing Entries on the utilitia.pl pages,
fixing and reproducing Entries – producing copies of the work by a specified technique, including printing, reprographic and digital techniques,
placing on the market, lending or renting the original or copies,
public performance, exhibition, display, screening, broadcasting and rebroadcasting, as well as making Entries publicly available in such a way that everyone can access them at a place and time of their own choosing,
entering into computer memory,
publication on the Internet.
The Administrator has the right to distribute and use Entries posted by the User on utilitia.pl in any manner for the term of the agreement and for the following 5 years.
§ 8 Transitional and final provisions
The Administrator reserves the right to amend the Terms and Conditions for important reasons including:
changes in the law;
organisational reasons, in particular:
changes to the activity conducted by the Administrator in the form of changes to its profile,
changes to the services provided, including the introduction of new services,
changes to the address details, name or legal form of the Administrator
changes to the payment methods,
other technical changes related to the operation of the utilitia.pl website.
Every user will be informed of the content of the changes to the terms and conditions by placing on the home page of the utilitia.pl website information about the change to the Terms and Conditions, visible for at least 14 calendar days, after which the Terms and Conditions enter into force, subject to § 8(4).
A user of the utilitia.pl website will additionally be notified of the change to the Terms and Conditions by sending information about the change to the Terms and Conditions to their email address.
Changes to the Terms and Conditions in relation to a given User will enter into force no earlier than 14 calendar days after the User has been informed of the change to the Terms and Conditions in the manner indicated above
In the event of non-acceptance of a change to the Terms and Conditions, a User who has registered on the utilitia.pl website has the right to terminate the agreement for the provision of the service. A declaration of termination of the agreement may be submitted within 14 calendar days of receiving information about the change to the Terms and Conditions at the email address, by sending Utilitia Ltd. via email to: biuro@utilitia.pl a request to delete the Account together with an indication of the email address currently registered on the utilitia.pl website.
The User is responsible for providing an email address to which they do not have access, in particular an incorrect address or one belonging to another entity, and for the resulting consequences, in particular in the form of not receiving the notification specified in § 8(3).
The User bears the risk of not receiving the notification specified in § 8(3) for reasons beyond the Administrator's control.
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code apply.