1. These regulations (hereinafter referred to as the "Regulations") define the rules for the provision of Digital Services and the delivery of Digital Content via the Internet for mobile phones, tablets and computers, offered by K&C Offshore SAL ("Organizer"). Contact with the Organizer is possible electronically at the e-mail address: vas@kncee.com and by phone: 22 244 40 22 (Monday to Friday from 9 a.m. to 4:30 p.m.). The remaining details of the Organizer are given below:
K&C Offshore SAL Badawi Bldg, underground -1 floor, Main Road, Zouk Mosbeh, Lebanon
2. Everyone is obliged to read the Regulations before using the Service. Using the Service is possible subject to accepting the Regulations.
3. The Services (defined below) can be used by Users of the Polkomtel Sp. z o.o. network ("PLUS") Orange Polska S.A. ("ORANGE"), T-Mobile Polska S.A. (T-MOBILE), hereinafter also referred to as the "Operator" or "Operators".
4. Users are obliged to use the Service and the Website within the limits of the law in force in Poland and in accordance with the provisions of these Regulations.
5. The Organizer makes the Regulations available free of charge in a manner that enables obtaining, reproducing and recording the content of the Regulations using the IT system used by the Organizer, i.e. on the website: https://lovecooking.online/terms.html. The Regulations are also available at the Organizer's registered office.
§2 DEFINITIONS
1. User – an adult natural person using the Service based on these Regulations, whereby persons with limited legal capacity may use the Services provided that their legal representative gives their consent, and persons lacking legal capacity, provided that their legal representative acts on their behalf.
2. Digital Content – data generated and delivered in digital form indicated on the Service. The Digital Content Database offered by the Organizer is updated on the Service periodically by the Organizer. The amount and type of Digital Content available on the Service are variable over time.
3. Digital Service – a service that allows for: a) generating, processing, storing or accessing data indicated on the Service in digital form; b) joint use of data indicated on the Service in digital form, which have been sent or generated by the User or other users of this services; c) other forms of interaction, indicated on the Website, using data in digital form.
4. Service (Services) - paid delivery of Digital Content or provision of Digital Services by the Organizer via the Website, at the individual request of the User.
5. Fee - the amount of money specified at the time of placing the order, which the User is obliged to pay for the Service. The fee may be one-time or cyclical, depending on the offer.
6. Website - a multimedia platform on the Internet, within which it is possible to use the Service, available at: https://lovecooking.online.
7. Agreement - an agreement for the provision of the Service, concluded between the User and the Organizer by accepting the Regulations and the description of the service on the Website.
8. SMS / SMS message (Short Message Service) - a short text message consisting of no more than 160 characters (letters, numbers, special characters), which can be sent to any mobile phone, containing content entered by the sender.
9. Access Service - a service provided by the Operator on the basis of the relevant regulations of a given Operator, enabling the Operator's subscribers (Users) to order paid access to the Service and make payment for the order by adding the due fee to the invoice for the purchase of telecommunications services of a given Operator (in the case of a postpaid subscriber) or by deducting the amount due from the funds accumulated in the subscriber's account (in the case of a prepaid subscriber).
§3 RULES OF USING SERVICES
1. A detailed description of the Services offered by the Organizer, along with their prices, are available on the Website.
2. Due to the fact that the database of Services on the Website is updated periodically, their availability and descriptions are variable over time.
3. The Organizer has the right to update and develop the functionality of the Services and the Website.
4. Services on the Website are subject to payment.
5. The Service can only be purchased using the Access Service.
6. The Organizer may periodically offer Services as part of a promotion, the terms and availability of which will be indicated on the Website each time.
7. The Agreement is concluded upon payment of the Fee or (in the event that the User selects payment methods available to him from bottom) at the moment the User places an effective order to transfer funds to the Organizer.
8. The User may withdraw from the Agreement within 14 days from the date of conclusion of the Agreement without giving a reason and without incurring any costs, by submitting a declaration of withdrawal from the Agreement to the Organizer, e.g. by sending the declaration to the e-mail address: vas@kncee.com. To meet the deadline, it is sufficient to send the declaration before its expiry. The declaration may also be submitted on a form, the template of which constitutes Annex No. 2 to the Act of May 30, 2014 on consumer rights and an annex to the Regulations. In the event of withdrawal from the Agreement, the Agreement shall be deemed not to have been concluded.
9. The right of withdrawal does not apply in the cases specified in Art. 38 of the Act of May 30, 2014 on consumer rights, including in the case when the performance of the service has commenced with the express consent of the consumer before the expiry of the withdrawal period and after informing him of the loss of the right to withdraw from the Agreement.
10. Expressing consent to commence the provision before the expiry of the withdrawal period is voluntary. Due to the nature of the Services provided "at the request" of the User, in the case of a distance or off-premises Agreement, the Organizer may provide the Service after receiving from the User express consent to commence the provision before the expiry of the withdrawal period. A declaration covering the above consent is submitted when ordering the Service.
11. Using the Service requires access to the Internet. The Service fees do not include the costs of data transmission over the Internet related to using the Service, which the User pays in accordance with the tariff of the Operator whose services he uses.
12. The Services are available in the territory of the Republic of Poland. The Organizer may also offer the Service to Users outside the territory of the Republic of Poland, in which case the appropriate information will appear in the description of the service.
13. Users are entitled to transfer Services and use them also during a temporary stay in another country within the European Union or the European Economic Area, if there has been a positive verification of the actual and permanent place of residence in the territory of the Republic of Poland, on the principles specified by law, including based on checking the IP address (Internet Protocol) from which the User gains access to the Service and having a contract for the provision of telephone services with a provider of services provided in the territory of the Republic of Poland.
14. The Service provided as part of the exercise of the right to transfer Services during a temporary stay is provided to the same extent and on the same terms as those available to the User in the territory of the Republic of Poland.
§ 4 METHOD OF USING THE SERVICES
1. Purchase of the Service on the Website, using the Access Service, is possible in the following manner: a) The User enters his/her telephone number on the activation page of the Website (if the User's number is recognized by the system, the system will automatically enter the User's telephone number on the activation page) and clicks on the separate button "Continue" (or with similar content). Then the User receives from the Operator, to this telephone number, a free SMS message with a unique PIN authorization code, which the User then also enters on the subject page and confirms it by clicking on the separate field "I order and pay" (or similar content) or b) the User, in the case of authentication of his telephone number as belonging to the Operator's network, clicks on the button "Click to accept the regulations" (or similar content) on the activation page, and then, to confirm the activation, clicks on the button "Click to order and pay" (or similar content).
2. The Service can be deactivated at any time by sending a free SMS message with the content specified below to the number indicated below. Deactivation of the Service is free of charge.
3. The SMS message deactivating the Service should always be sent from the mobile phone number that was used when ordering the Service.
4. Deactivation of the Service results in the termination of access to the Service.
5. From the moment of activation of the Service, access to the Service will be extended at a frequency selected by the User and at the rates specified below: Operator: PLUS, ORANGE, T-MOBILE Frequency of access extension: every 7 days Price: PLN 9.99
§ 5 SERVICE FEES
1. The User is charged a fee, the amount of which, together with the frequency of automatic access extension, is specified in § 4, section 5 of the Regulations.
2. Fees are collected by the Operators by adding a fee to the invoice for the purchase of telecommunications services of a given Operator (in the case of a postpaid subscriber) or by deducting the amount due from the funds accumulated in the subscriber's account (in the case of a prepaid subscriber).
3. The fees are gross prices and include value added tax (VAT), in accordance with the rate specified by applicable law.
§ 6 OTHER RULES FOR USING THE SERVICES
1. The User's ability to use the Service is subject to the User's proper fulfillment of the requirements resulting from these Regulations. In particular, each User is obliged to ensure on their own that the following minimum technical requirements are met in order to use the Service and the Service: a) a mobile phone equipped with an active SIM card in the network of one of the Operators, with functionalities enabling the activation and use of the Service (including receiving SMS messages, no blockings within the meaning of the relevant regulations of the given Operator preventing the use of the Access Service), b) connection to the Internet; c) a computer, telephone or other digital device with installed software allowing browsing websites (e.g. Internet Explorer 6 and higher, Firefox 4 and higher, Opera 10 and higher, Safari 3 and higher, Google Chrome), properly configured (in particular in terms of data transmission or other elements conditioning the use of the Service); d) proper configuration of the above-mentioned devices, in particular in terms of data transmission.
2. The User should be authorized to use the devices referred to in paragraph 1 above to the extent that allows him to use the Website and the Service.
3. Additional information regarding the functionality and interoperability of the Services, including compatibility with the phone model or computer software or other intended device on which the Services are to be played, as well as any technical means of protecting them, may also be provided on the Website for the Services selected by the User.
4. The User should protect the password and access to his mobile phone/computer or account enabling the use of the Website or Services against unauthorized use by third parties.
5. The User gaining access to the Service has the right to use it only to the extent specified in these Regulations, i.e. to the extent of playing the Service on a phone, computer or other intended device. In particular, the User is not authorized to copy, reproduce, modify, present, publish or distribute in any way the manner of the Service or its part. The User obtains the right to use the Service to the extent described above only for their own use (i.e. for the use of the person for whom the given Service is provided). In particular, this means that it is not permissible to use the Service or its part for commercial purposes, including using it for the purposes of business activities, reselling it, or making it available to third parties in other forms.
§ 7 LIMITATIONS. COPYRIGHT
1. There may be short-term interruptions in access to the Service, lasting no longer than 5 hours per month, caused by necessary maintenance and/or technical work. In the event of interruptions in access lasting longer due to a failure, the Organizer will make every effort to remove the failure in the shortest possible time.
2. The Service is available using teleinformatic data transmission, during which there may be objective circumstances and factors that affect the possibility of using the Service, such as weather conditions, incorrect installation, insufficient signal quality, fault or failure of the teleinformatic network, beyond the Organizer's control.
3. The Service has a territorial (geolocation) licensing restriction and, unless otherwise indicated in the description of a given Service, is available to Users logging in from the territory of the Republic of Poland (identified by Polish IP) and for Users positively verified as having a real and permanent place of residence in the Republic of Poland. The presentation of the offer on the Website takes into account the territorial licensing restrictions concerning the offered Services.
4. The content of some Services constitutes works subject to protection in accordance with the provisions of applicable law. The Organizer may use authorization and encryption systems for the Services. The User is authorized to use the Services only for their own personal use. The User is not authorized to publicly or commercially make the Services or their elements available in any form.
5. The Services may have (regardless of the technical requirements specified in the Regulations above) licensing or technical restrictions (including hardware restrictions), as a result of which the Services may be unavailable or their availability may be limited to a specific type or number of Equipment. Information on hardware restrictions will be available on the Website in the description of a given Service.
6. The possibility of using the Service may be limited in the event of an attempt to use the Service simultaneously on several Equipment (when the permitted number of devices has been exceeded) or in the event of an attempt at unauthorized access to the User Account on the Service.
7. The User is prohibited from providing content of an illegal nature.
§ 8 LIABILITY
1. The Organizer is liable for failure to deliver the Service on time and for the Service not being in compliance with the Agreement.
2. If the Service is not delivered on time, the User has the right to request its delivery in the complaint procedure specified in § 9. If the Organizer fails to deliver the Service immediately or within an additional period expressly agreed with the User, the User may withdraw from the Agreement. The User may withdraw without requesting the Service to be delivered if: a) the Organizer has declared or it clearly follows from the circumstances that the Service will not be delivered, or b) the User and the Organizer have agreed or it clearly follows from the circumstances of the Agreement that the specified date of delivery of the Service was of significant importance to the User, and the Organizer has not delivered it within that period.
3. In the event that the Service is provided in a manner inconsistent with the Agreement, the User may request that the Service be brought into compliance with the Agreement by filing a complaint referred to in § 9.
4. The User may submit a declaration of price reduction or withdrawal from the Agreement if, according to the Organizer's response to the request submitted under par. 3, bringing the Service into compliance with the Agreement is impossible or requires excessive costs: a) the Organizer will not bring the Service into compliance with the Agreement in accordance with the request submitted by the User; b) the lack of compliance with the Agreement continues to exist, despite the fact that the Organizer has attempted to bring the Service into compliance with the Agreement in accordance with the request submitted under par. 3; c) the lack of compliance of the Service with the Agreement is significant enough to justify immediate withdrawal from the Agreement; d) it is clear from the Organizer's statement submitted in response to the request submitted under par. 3 that the Service will not be brought into compliance with the Agreement within a reasonable time or without excessive inconvenience.
5. In the event that the request for price reduction referred to in par. 4 is recognized as justified, the Organizer will make this reduction in proportion to the price of the Service resulting from the Agreement and the value of the Service inconsistent with the agreement, taking into account its duration.
6. The right to withdraw from the agreement referred to in paragraph 4 shall not apply if the lack of compliance with the Agreement is immaterial.
7. The Organizer is entitled to refuse to recognize the User's statement on the Service's inconsistency with the Agreement, among others, in the event that: a) the User's Digital Environment is not compatible with the technical requirements referred to in the Agreement; b) the User fails to fulfill the obligation to cooperate in order to determine whether the lack of compliance of the Service with the Agreement in due time results from the characteristics of the User's Digital Environment.
§ 9 COMPLAINTS
1. The User has the right to file a complaint.
2. The complaint may be filed: a) electronically - using e-mail to the e-mail address: vas@kncee.com, b) in writing – to the Organizer's address provided in the Regulations.
3. The complaint should include: a) first and last name and MSISDN number used to order the Service, b) specification of the subject of the complaint and the period covered by the complaint, presentation of the circumstances justifying the complaint, in particular indication of the time of occurrence of the problem regarding the Service, c) User's signature – in the case of a complaint submitted in writing.
4. The complaint will be considered within a reasonable time. In particularly complicated cases or cases requiring additional explanations, the complaint will be considered no later than within 14 days of its receipt.
5. The response to the complaint will be provided in electronic form to the e-mail address from which the complaint was sent by the User. In the case of a complaint submitted in writing, the User should indicate the method of communication, providing the e-mail address or residential address for the response in writing.
6. The Organizer may request the User to supplement the information necessary to consider the complaint, in particular in order to determine whether the lack of compliance of the Service with the Agreement results from the characteristics of the User's Digital Environment. If the User fails to supplement it, the complaint will be left without consideration. The User is obliged to cooperate in supplementing the data necessary to consider the complaint.
7. The User has the right to pursue claims in court proceedings or, in the case of a consumer, in mediation proceedings or before an arbitration court. The principles and procedures for access to out-of-court claims by consumers are specified separately in the regulations or documents establishing institutions conducting such activities or internal acts issued by them (e.g. regulations, statutes).
§ 10 PERSONAL DATA, PRIVACY POLICY
1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("Regulation"), the administrator of the personal data of users of the Service is the Organizer (referred to in § 10 of the Regulations as the "Administrator"). Address data indicated in §1 of these Regulations.
2. The personal data of Users will be processed in accordance with the Regulation on the basis of Art. 6, sec. 1 letter b, f for purposes related to the provision of the Service, including consideration of potential complaints, as well as for the purpose of implementing legally justified interests of the Administrator, i.e. in order to determine, pursue the Administrator's claims or defend against submitted claims.
3. Personal data will be processed during the period of provision of the Service until a possible request for their removal by the User or until the expiry of the period appropriate for the limitation of a claim for the provided Service. Information necessary to handle a complaint will be processed until the expiry of the rights in this respect. However, in the scope of determining and pursuing the Administrator's claims or defending against submitted claims - until the expiry of the limitation of potential claims. Personal data may be processed outside the indicated period, if such a necessity results from the provisions of applicable law.
4. In connection with the User's use of the Services, the Administrator collects their data to the extent necessary to provide the individual Services offered, including telephone number, IP, first name, last name, address, email, as well as information about the User's activity on the Website, including the device's IP, location data, internet identifier and information collected via cookies and other similar technologies. Cookies and similar technologies do not identify the User and their identity is not determined. Cookies and similar technologies, when they do not allow for the identification of a natural person on their own, may constitute personal data only when combined with other unique identifiers or other information allowing for the identification of that natural person.
5. Providing personal data is voluntary, but necessary for the provision of the Service or for considering a submitted complaint.
6. Personal data may be disclosed to employees or associates of the Administrator, as well as entities providing support to the Administrator. Personal data may also be transferred to entities and bodies to which the Administrator is obliged or authorized to provide personal data on the basis of generally applicable legal provisions.
7. Persons whose personal data is concerned have the right to access the content of their data and to rectify, delete, limit processing, the right to transfer data and the right to object to processing, as well as the right to withdraw the consent granted, which will not affect the lawfulness of processing carried out before the withdrawal of consent. Persons whose personal data is concerned have the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that the processing of their personal data violates the provisions of the Regulation.
8. The User's personal data may be transferred to countries/international organizations outside the European Economic Area, when these countries/organizations have been recognized by the European Commission as providing an adequate level of protection of personal data to the level of protection applicable in the European Economic Area, or provided that appropriate safeguards are applied, which may consist in the use of binding corporate rules, standard data protection clauses adopted by the European Commission, standard data protection clauses adopted by the President of the Personal Data Protection Office or contractual clauses approved by the President of the Personal Data Protection Office.
9. The Organizer conducts ongoing risk analysis to ensure that personal data is processed by it in a secure manner - ensuring, above all, that only authorized persons have access to the data and only to the extent necessary for the tasks they perform. The Administrator ensures that operations on personal data are recorded and performed only by authorized employees and associates.
10. Personal data will not be subject to profiling or automated decision-making.
11. Requests, statements and all correspondence concerning personal data should be directed in the manner indicated in the Regulations appropriate for complaints.
12. In connection with the use of the Service, cookies or similar technologies are used to provide the User with access to the Service, improve its operation, profile and display content tailored to the User's needs.
13. Cookies are small text files saved in the User's telecommunications terminal device (computer, telephone, tablet, etc.), during the use of the Service, allowing for the saving and reading of information that the Organizer and other entities providing services to it (e.g. analytical and statistical) or trusted partners use for various purposes, which can be divided into the categories described below.
14. Technologies similar to cookies include, among others, local storage, session storage and service workers, which operate on the basis of technology using a separate part of the browser's memory to store data saved by the Service. For simplicity, cookies and similar technologies will be collectively referred to as "cookies".
15. The Organizer uses two types of cookies or similar technologies, based on their lifetime: a) session cookies - files stored on the User's device until the User logs out or leaves the Service; b) permanent cookies - files stored on the User's device until the User deletes them or until the cookie expires on the date specified in the cookie specification.
16. The Administrator and other entities providing services to the Administrator (e.g. analytical and statistical) or trusted partners use cookies for various purposes, which can be divided into the following categories: a) Required cookies, necessary to use the Service: - cookies with data entered by the User for the duration of the session (user input cookies); - authentication cookies used for Services requiring authentication for the duration of the session (authentication cookies); - cookies used to ensure security, e.g. used to detect abuses in the scope of authentication (user centric security cookies); - session cookies of multimedia players (e.g. flash player cookies), for the duration of the session (multimedia player session cookies); b) Functional cookies, facilitating the use of the service: - persistent cookies used to personalize the User interface for the duration of the session or slightly longer (user interface customization cookies), - cookies used to monitor traffic on the website, i.e. data analytics - these are files used to analyze how the Service is used by the User, to create statistics and reports on the functioning of the Service; c) Marketing cookies, enabling the delivery of advertising content - the Administrator and its Trusted Partners also use cookies for marketing purposes, e.g. in connection with directing behavioral advertising to Users.
17. The use of cookies and personal data collected through them for marketing purposes of trusted partners requires the User's consent. This consent may be withdrawn at any time.
18. The User may change the settings of cookies or similar technologies at any time by changing the privacy settings in the browser or application or changing the settings of their account on the Service, provided that such change may result in the lack of access to some Services. Changing the privacy settings is possible by selecting the appropriate option in the browser or application settings. In the case of the most popular web browsers, the User may independently manage privacy settings, including cookies, in particular by accepting cookies, changing cookie settings and blocking or deleting cookies. The method and scope of changing privacy settings depends on the type or version of the browser or application that the User is using. Detailed information on changing privacy settings is available on the websites of these providers.
§ 11 FINAL PROVISIONS. CHANGES TO THE REGULATIONS
1. The Organizer is authorized to introduce changes to the Regulations.
2. A change to the Regulations that is not necessary to maintain the Service's compliance with the Agreement may be made in justified cases such as: a) changes to legal regulations affecting the content of the Regulations and the need to adapt the Regulations in order to maintain their compliance with the law; b) changes resulting from the need to adapt the Regulations to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorized public administration bodies; c) improving the operation of the Service and User service; d) changes related to the security of the provision of the Service; e) counteracting abuses related to the use of the Service; f) technological and functional changes to the Service; g) changes in the scope of introducing new, additional functions, options of the Service; h) editorial changes related to the need to correct, remove editorial errors, mistakes; i) changes of an administrative nature, in including changes in identifying or contact data.
3. The Organizer will inform Users about the changes indicated in par. 2 above by publishing information about the changes made on the website: https://lovecooking.online.
4. The publication will take place 14 days in advance, provided that this deadline is possible due to the nature of the changes being introduced.
5. In the event of a change to the Regulations that significantly and negatively affects access to or use of the Service, the Organizer will inform the User about this change and the date of its implementation 14 days in advance on a durable medium, provided that this deadline is possible due to the nature of the changes being introduced.
6. If the User does not accept the changes introduced in accordance with par. 5, they are entitled to terminate the Agreement without observing the notice period, no later than within 30 days from the date of making the change or informing about it, if the information was provided later than the change.
7. The right to terminate shall not apply if the Organizer has provided the User with the right to maintain, without additional costs, the Service in accordance with the Agreement, in an unchanged state.
8. In matters not regulated by the Regulations, the provisions of applicable law shall apply.
9. The Organizer exercises due diligence to protect the privacy and personal data of Users and takes actions to increase the security of using the Service and to improve the use of the Service, but it is not possible to completely eliminate all threats related to using the Internet, including the risk of unlawful interference by unauthorized persons. Current information on the occurrence of specific threats related to the use of services provided electronically, the functionalities of digital content and the means of their protection are available on the Service.
10. Agreement is concluded in Polish.
11. This agreement is subject to Cypriot law. However, the choice of foreign law does not deprive Users ordering Services based on these Regulations of their rights resulting from the mandatory provisions of the law of the country of their permanent residence.
12. In the event that the Organizer is a party to the code of good practices, information about these codes and the method of familiarizing oneself with them is available at http://kncee.com/.
13. The User has the right to withdraw from the agreement within 14 days of its conclusion, however, the User's consent to commence the performance of the service (ordering paid access) before the expiry of the withdrawal period, as well as confirmation that the User is aware of the loss of this right, will be associated with the loss of the right to withdraw from the Agreement at the time of activation of the Service.
14. These Regulations enter into force on November 21, 2023. SAMPLE WITHDRAWAL FORM (it should be completed and returned only if you wish to withdraw from the Agreement) • Addressee: • I, hereby inform about my withdrawal from the Agreement: • Date of conclusion of the Agreement: • User's name and surname: • MSISDN (telephone number to which the withdrawal applies): • User's Address: • User's Signature: (only if the form is sent in paper version) • Date:
