Last updated February 15, 2022

1. Agreement to terms
2. Intellectual property rights
3. User representations
4. Products
5. Purchases and payment
6. Prohibited activities
7. User generated contributions
8. Contribution license
9. Submissions
10. Site management
11. Term and termination
12. Modifications and interruptions
13. Governing law
14. Dispute resolution
15. Corrections
16. Disclaimer
17. Limitations of liability
18. Indemnification
19. User data
20. Electronic communications, transactions, signatures
21. Miscellaneous
22. Contact us

1. Agreement to terms

These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an you and us, concerning your access to and use of Our website (https://proargi9.plus) as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected to Our website. You agree that by accessing Our website, you have read, understood and agreed to be bound by all of these terms and conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using Our website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on Our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you about any changes by updating the “last updated” date of these terms and conditions and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable terms every time you use Our website so that you understand which terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of Our website after the date such revised terms and conditions are posted.

The information provided on Our website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Our website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual property rights

Unless otherwise indicated, Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on Our website (collectively, the “content”) and the trade marks, service marks and logos contained therein (the “marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Poland, international copyright laws and international conventions. The content and the marks are provided on Our website “as is” for your information and personal use only. Except as expressly provided in these terms and conditions, no part of Our website and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use Our website, you are granted a limited license to access and use Our website and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Our website, the content and the marks.

3. User representations

By using Our website, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these terms and conditions;

(2) you are not a minor in the jurisdiction in which you reside;

(3) you will not access Our website through automated or non-human means, whether through a bot, script or otherwise;

(4) you will not use Our website for any illegal or unauthorized purpose; and

(5) your use of Our website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Our website (or any portion thereof).

4. Products

We make every effort to display as accurately as possible the colors, features, specifications and details of the products available on Our website. However, we do not guarantee that the colors, features, specifications and details of the products will be accurate, complete, reliable, current or free of other errors and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. Purchases and payment

We accept the following forms of payment:

You agree to provide current, complete and accurate purchase and account information for all purchases made via Our website. You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax/VAT will be added to the price of purchases as deemed required by us. We may change prices at any time.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through Our website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6. Prohibited activities

You may not access or use Our website for any purpose other than that for which we make Our website available. Our website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of Our website, you agree not to:

Systematically retrieve data or other content from Our website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.

Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable or otherwise interfere with security-related features of Our website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of Our website and/or the content contained therein.

Disparage, tarnish or otherwise harm, in our opinion, us and/or Our website.

Use any information obtained from Our website in order to harass, abuse or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use Our website in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to Our website.

Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Our website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of Our website.

Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt or create an undue burden on Our website or the networks or services connected to Our website.

Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of Our website to you.

Attempt to bypass any measures of Our website designed to prevent or restrict access to Our website or any portion of Our website.

Copy or adapt Our website’s software, including but not limited to flash, php, html, javascript or other code.

Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up apart of Our website.

Except as may be the result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses Our website or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on Our website.

Make any unauthorized use of Our website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

Use Our website as part of any effort to compete with us or otherwise use Our website and/or the content for any revenue-generating endeavor or commercial enterprise.

7. User generated contributions

The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on Our website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, “contributions”). Contributions may be viewable by other users of Our website and through third-party websites. As such, any contributions you transmit may be treated in accordance with Our website privacy policy. When you create or make available any contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display or performance and the accessing, downloading or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.

You are the creator and owner or you have the necessary licenses, rights, consents, releases and permissions to use and to authorize us, Our website and other users of Our website to use your contributions in any manner contemplated by Our website and these terms and conditions.

You have the written consent, release and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by Our website and these terms and conditions.

Your contributions are not false, inaccurate or misleading.

Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.

Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us).

Your contributions do not ridicule, mock, disparage, intimidate or abuse anyone.

Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your contributions do not violate any applicable law, regulation or rule.

Your contributions do not violate the privacy or publicity rights of any third party.

Your contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;

Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.

Your contributions do not otherwise violate or link to material that violates, any provision of these terms and conditions or any applicable law or regulation.

Any use of Our website in violation of the foregoing violates these terms and conditions and may result in, among other things, termination or suspension of your rights to use Our website.

8. Contribution license

You and site agree that we may access, store, process and use any information and personal data that you provide following the terms of the privacy policy and your choices (including settings).

By submitting suggestions or other feedback regarding Our website, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on Our website. You are solely responsible for your contributions to Our website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding Our website or the offerings (“submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

10. Site management

We reserve the right, but not the obligation, to: (1) monitor Our website for violations of these terms and conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, to remove from Our website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage Our website in a manner designed to protect our rights and property and to facilitate the proper functioning of Our website.

11. Term and termination

These terms and conditions shall remain in full force and effect while you use Our website. Without limiting any other provision of these terms and conditions, were serve the right to, in our sole discretion and without notice or liability, deny access to and use of Our website (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in Our website or delete.

Any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

12. Modifications and interruptions

We reserve the right to change, modify or remove the contents of Our website at anytime or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Our website. We also reserve the right to modify or discontinue all or part of the offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of Our website.

We cannot guarantee Our website will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to Our website, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify Our website or at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use Our website during any downtime or discontinuance of Our website. Nothing in these terms and conditions will be construed to obligate us to maintain and support Our website offerings or to supply any corrections, updates or releases in connection therewith.

13. Governing law

These terms shall be governed by and defined following the laws of Republic of Poland, yourself irrevocably consent that the court shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

14. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy or claim related to these terms and conditions (each “dispute” and collectively, the “disputes”) brought by either you or us (individually, a “party” and collectively, the “parties”), the parties agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any disputes seeking to enforce or protect or concerning the validity of any of the intellectual property rights of a party; (b) any dispute related to or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above and the parties agree to submit to the personal jurisdiction of that court.

15. Corrections

There may be information on Our website that contains typographical errors, inaccuracies or omissions that may relate to Our website, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on Our website at any time, without prior notice.

16. Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of Our website services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with Our website and your use thereof, including, without limitation, the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of Our website’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes or inaccuracies of content and materials, (2) personal injury or property damage of any nature whatsoever, resulting from your access to and use of Our website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from Our website,(5) any bugs, viruses, trojan horses or the like which may be transmitted to or through Our website by any third party and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via Our website. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through Our website, any hyperlinked website or any website or mobile application featured in any banner or other advertising and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

17. Limitations of liability

In no event will we are liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of Our website, even if we have been advised of the possibility of such damages.

18. Indemnification

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) use of Our website; (2) breach of these terms and conditions; (3) any breach of your representations and warranties set forth in these terms and conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Our website with whom you connected via Our website. Not withstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

19. User data

We will maintain certain data that you transmit to Our website for the purpose of managing the performance of Our website, as well as data relating to your use of Our website Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Our website. You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. Electronic communications, transactions, signatures

By visiting Our website, sending us emails and completing online forms constitute electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on Our website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via Our website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

21. Miscellaneous

These terms and conditions and any policies or operating rules posted by us on Our website or in respect to Our website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision. These terms and conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control If any provision or part of a provision of these terms and conditions is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these terms and conditions and does not affect the validity and enforce ability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of Our website. You agree that these terms and conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto to execute these terms and conditions.

22. Contact us

In order to resolve a complaint regarding Our website or to receive further information regarding use of Our website, please contact us at admin(at)proargi9.plus