Terms of Service 

 

General Terms & Conditions of DiveCentre24 software licence

Regulations define the rules of the Impulse sp. z o.o. service of sharing among users – for the time of subscription – software to run the dive center / diving base and providing technical support during the period of the use of this software.

Use of the Software is conditional upon acceptance of the terms of these regulations by the User and the respect of its valid laws and regulations.

These Regulations are the rules referred to Article. 8 of the Act of 18 July 2002. on electronic services (Dz. U. of 2002. No. 144, item. 1204 after later changes – Hereinafter the Act on electronic services).

 

Definitions
  • Regulations – these regulations specifying the rules of the service of providing users, for time of subscription, with the software to run the dive center / diving base and providing the technical support for the time of usage of the software;
  • Service – Internet service run by Impulse sp. o.o.
  • Diving center / diving base – a form of commercial activity realizing/ meeting/ completing business objectives with the appropriate software.
  • Software (Software DiveCentre24) – a computer program according to the Law, Act of February 4, 1994. about copyright and related rights (Dz. U. of 1994. , Nr. 24, pos. 83 , after later changes), for running a diving center / diving base, shared by Impulse sp . o.o. as a service given under the Rules.
  • Assistance – technical support for the User of the Software.
  • Impulse (Organizer) – the organizer of the Service, Impulse sp. z o.o. operating at Warsawska Street 13/24, 84-300 Lebork, Poland
  • The service – a service provided by Impulse to the User under this Agreement.
  • User – the adult or (agreed by legal representatives) person under eighteen, legal person or organizational unit without legal personality who uses the services provided by the Service
  • Account – an individual electronic account activated by the Service for the users to enable them to use the Website’s services.
  • Consumer – a physical person performing a legal act (contract for the provision of services) not directly related to its business or professional activity.

 

DiveCentre24 Software

Impulse declares that it has exclusive copyright to the Software DiveCentre24, except of its elements, which are derived from the library coming from so-called on open source software (open source library). Libraries were attached to the Software and are distributed as part of the Software under the terms of the rules of operating them.

The user is obliged to comply with the Regulations including the terms and conditions of the usage of the Software DiveCentre24, including taking into account the principles of the license to use the the open source libraries contained in the Software. The User acknowledge that failure to comply with these obligations may result in a violation of the exclusive copyright to the Software and in this case the User could be called to legal liability.

 

Preliminary rovisions

The contract for the trial service expires within 21 days or with the date of signing agreement to start using the paid services. In the case of usage of the service within the trial period

  1. The User may unsubscribe at any time from the use of testing services;
  2. The user has no obligation to sign a contract for the provision of paid services.

The contract for the paid services is concluded with the receiving of an e-mail by the User, which will confirm correct fees payment by the User. Using of the Service requires payment of the fee on the day of signing the contract. The User can also make a payment using available in Service electronic purchase option after fulfilling of the contract conditions.

The above does not apply to users who, based on individual agreement with the Impulse entered into an agreement for the provision of paid services with the establishment of the payment in arrears.

Impulse reserves the right to terminate the contract with the User with immediate effect (without notice) in the case of retention by the User that the contract for the provision of paid services is committed to payments in arrears with payments to the Impulse for a period longer than 30 days, counting from the deadline for the payment specified in the invoice and ineffective expiry of the deadline for payment of outstanding debts by Impulse directed to the User. Regardless of the power to terminate the contract with the User with immediate effect (without notice) in the case of deposition by the user with payments for longer than 7 days from the deadline for the payment specified in the invoice Impulse is entitled to suspend the provision of services to the User and blocking your access, until the settlement of outstanding debt by the user.

When buying at a promotional price, the extension of the contract goes back to the standard price.

A user who is a consumer and has concluded a contract for the provision of the Services, may withdraw from it without giving reasons, making a statement in writing within fourteen (14) days from the date of the above agreement. To meet with the deadline, you must send a statement before its expiry. The right of withdrawal is not entitled to a consumer for the provision of services by the Organizer started, with the consent of a consumer, before the expiry of the above (ie . 14 -day) period. Continuing usage of the Software by the consumer despite the withdrawal will be in violation of copyrights Impulse Software.

When submitting orders – until sending the order form – The user has the ability to modify the input data and the selection of services. To do this, follow the prompts user messages and information available on the site.

Impulse is not liable for damages resulting from disclosure your login and password used to register at DiveCentre24 to any third party.

 

Detailed conditions for the provision of services

Providing User Software DiveCentre24 occurs on the server Impulse (on- line) on which the software is installed, and the user does not have the right to download (multiplication equipment) software and install it on another server.

As part of the agreement for the provision of services Organizer guarantee you paid and non-exclusive license to use the Software in accordance with its intended purpose and only for the duration of the subscription. This license entitles you to multiply the temporary Software via its display and use for the purpose of a diving center / diving base.

The user is not entitled to provide the Software to third parties free of charge or after taking charges.

The contract for the provision of services is concluded for a period of one (1) subscription period , and the license to use the Software is granted for the same period. The agreement shall be extended for a further period of one (1)  subscription period, beginning after the expiration of the current contract period, in case of using  the option to extend through functions available in the Service. In the same way the contract can be renewed for successive periods of subscription. The conditions described in this paragraph shall not apply in the case of a contract for an indefinite period, which is possible  on the basis of individual arrangements between the Impulse and the User.

In the case of a contract for an indefinite period and Impulse User has the right to terminate the contract with 30 days’ notice effective at the end of the calendar month.

During subscription the User is entitled to use Assists including technical support on issues related to using the Software, consisting of counseling the problem over the phone or via e-mail.

If errors are detected in the operation of the Software or its updated version the User has the right to request the Impulse to remove them in a timely manner, dependent on the nature and complexity of the error (warranty repair) .

Changing the price list does not apply to Members who at the time of changing uses the Services based on the contract.

During the services, the User has the ability to change the package, with the agreement of Impulse. In the event of changes in service more expensive, the remaining period of validity will be converted according to the parameters of the service more expensive. Changing to a cheaper service does not extend the paid period.

In the case where a change of pricing applies to users using the service within the subscription period, the User is entitled to terminate the Agreement within 14 days from the date of receiving the notification about the changes in the price list, without having to pay any compensation. In the absence of termination of the contract within that period a new price list apply to the User. Denunciation shall be submitted in writing and sent to the following address: Warszawska 13/24, 84-300 Lebork, Poland

Impulse responsibility for improper performance of a contract for providing the services is limited to the equivalent of 1-year fee for that service. This limitation does not apply to Users who are Consumers.

Impulse guarantees service availability DiveCentre24 during the subscription period at 99.9% per annum. In the case of interruption to the Services during the paid subscription period whose total duration exceeds the maximum allowable downtime of the service, Impulse is obliged to extend the period of subscription services for two days for each commenced 24 hours total duration of interruptions .

Impulse reserves the possibility of interruptions in ensuring the availability of the Software for the provision of services – to update the Software. The terms of interruptionthe Users are informed via email in advance by Impulse. Impulse shall endeavor the interruptions periods/ dates were the least onerous for the functioning of the Centre Diving / diving base for Users, to conduct which the Software is used.

Impulse is not liable for malfunctions caused by the Software: its misuse by the User, including its unauthorized modification, a malfunction or the User’s other computer software acts of third parties that are not subcontractors Impulse or force majeure.

 

Complaints

Users have the right to make complaints concerning the quality of the Services.

Complaints are submitted electronically to the following e -mail helpdesk@divecentre24.com

Impulse ‚s answers the complaint as soon as possible, but no longer than 14 days. The answer to the complaint is sent to you via e-mail.

 

Final Agreements

Rules can be changed, the Members will be notified about in accordance with the rules in the Republic of Polish law.

In case the change of the Regulations applies to the Users using the Services as part of the subscription period, the User is entitled to terminate the contract for the provision of services within 30 days from the date of receiving the notification about the changes to the Regulations, without having to pay any compensation. In the absence of termination of the contract within that period the new Rules apply to the User. Resignation shall be submitted in writing and sent to the following address: Warszawska 13/24 , 84-300 Lebork, Poland

The contract of providing Services is concluded in English.

Users can get access to these Rules at any time via a link found on the main page and download it and print it. Consolidation, security, access and confirmation of the relevant information to the User  according to the Contract of providing the Service happens through the placement of the Regulations on the given page .

The law applicable to the Contract for providing the Services is the law applied in the territory of the Republic of Poland.

 

Privacy Policy

 

Administrator of Users’ personal data and the users of the Service within the meaning of the Act on the Protection of personal data is the Organizer.

The Organizer provides security entrusted to him by the Members to the processing of personal data . The processing of personal data carried out in accordance with the rules in force in the Republic of Polish law, and in particular: the Law on Personal Data Protection Act on electronic services and the relevant implementing acts ..

Processing of the User’s personal data takes place in order to provide the Service.

Personal data is collected by the Service may also be used to inform Users of the Service and the services provided by it.

The organizer reserves the right to disclose selected information concerning the User or any other person that uses the Service to the competent authorities or to third parties which submit a request for such information, based on an appropriate legal basis only if it is consistent with the provisions in force in the Republic of Polish law . Apart from the cases indicated above, information about the User or the person using the Website will not be disclosed to any third party without the agreement form the User or the person using the Website.

As part of the Service the following personal data is processed:

  • your name or company name of the User,
  • VAT registration number or other identification number of the User,
  • domicile or registered of the User
  • User’s e-mail address
  • User’s phone number

Sharing of personal data by the Users is voluntary, however it is required to provide Users with the Service. The data are provided by the User at the stage of registration on the Website and at the stage of correction or update data.

User is obliged to immediately inform Impulse about the change of User’s personal data. In the absence of notification of changes of personal data within 3 days from the date of the modification, the existing User data is considered valid.

The organizer announces that at the moment of the merger by the User or another person with the Service in the System logs the service occurs number information (including IP), and the type of User’s device or another individual with whom the User or another person connects with the Service. The organizer announces that it will be processed in accordance with the regulations in force in the Republic of Polish law, including data on the number (including IP), and the type of the User’s devices and other person that uses the Service, as well as connection time of above mentioned people with a service. These data are processed in particular for technical purposes and to collect general statistical information.

Organizer uses cookies, to collect information related to usage of the Service by the User or another person. Cookie files allow you to:

  • adapt services to the needs of users and other people using the service,
  • process viewing statistics of pages of the Service.

The organizer shall take the appropriate technical and organizational measures to ensure the security of personal information provided by Users, in particular to prevent access to them by third parties or processed in violation of the law, to prevent loss of data, their damaged or destroyed.

If the organizer is to consent to receive commercial information by electronic means (eg. Via e-mail, SMS, bluetooth, and others), a person who has expressed the above agreement shall be entitled to withdraw consent by the panel Divecentre24.com available at app.divecentre24.com

Each User has the right to access their personal data, the right to correct it, to supplement and to stop the right to the processing of the data  and to remove them. To do this, please send email to: helpdesk@divecentre24.com or call +48 609 226 559

After the completion of your use of the Service Organizer can process your personal information to the extent necessary for the following purposes:

settlement services or claims appearing in User’s case,

determine whether the usage of the Service was in accordance with the Regulations and the laws and explain the circumstances of any unauthorised use of the service.

provide the User with materials constituting advertising or promotion of the Service (only if  the Organizer has valid agreement from the User to make these activities).

Impulse has the right to publish on its website information including names and addresses of Internet Diving Centres / diving bases run by the Users using the Software, with the proviso that the Impulse undertakes deleting the information based on the individual request made by the User to which the information relates.

Impulse has the right to use the selected data characterising Centres nukes / Diving Bases conducted by the Users using the Software (including the quantity of products , transactions and customers) – to do their own analyses, which aim is to ensure the development of the functionality of the Software. These data may be published by Impulse, but only within the framework of collective summaries, in a way that does not individualising individual dive centres /diving bases. The use of the data does not include the personal data of customers.