§1 General Provisions

The following Terms and Conditions define the general rules of participation in the “Innovation Waves: Entertainment” event, organized on 24.08.2023, by the company Miquido spółka z ograniczoną odpowiedzialnością spółka komandytowa (“Miquido Limited Liability Company” limited partnership) with its registered office in Kraków (address: ul. Zabłocie 43a, 30-701 Kraków) entered into the register of entrepreneurs of the National Court Register by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number: 0000651969, NIP: 9452138173 and the rules of obtaining access to the Recording.

Terms and Conditions are available on the event website at https://lp.miquido.com/innovation-waves-entertainment-terms-and-conditions and are available for inspection at the registered office of the Organizer. Upon the request of the Participant, the Organizer will make the Terms and Conditions available in a manner that enables the Participant to access, reconstruct and to record their content with the use of Participant’s ICT system.

The terms used in the Terms and Conditions mean:

Agreement – Event Participation Agreement and/or Recording Access Agreement. 

Compatibility – the interaction of digital content, digital service with computer hardware or software that is normally used to use digital content, digital service, of the same kind, with no need to transform them.

Consumer – a natural person performing with an Entrepreneur legal act, for purposes unrelated to his/her business or professional activity.

Entrepreneur – a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, conducting in its own name business or professional activity and performing a legal action directly related to its business or professional activity.

Entrepreneur with consumer rights – a natural person who enters into an agreement directly related to his/her business activity, when the content of such agreement shows that it does not have a professional character for him/her, arising from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

Event – an online webinar called “Innovation Waves: Entertainment” organized on August 24.08.2023, aimed at the exchange and dissemination of knowledge, networking, and promotion of the Organizer. The Event is conducted via platform https://www.livewebinar.com/.

Event Participation Agreement – contract for the provision of digital services between the Organizer and the Participant, concluded remotely by electronic means, the subject of which is the possibility for the Participant to participate in the Event organized by the Organizer and making the Recording of the Event available to the Participant. 

Functionality – the ability of the digital content or digital service to serve its functions, given its intended use.

GDPR – 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 (General Data Protection Regulation).

Interoperability – the ability of the digital content, digital service to interact with a computer equipment or software other than those normally used to use the digital content, digital service of the same kind.

Organizer – Miquido spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Krakow (address: Zabłocie 43a, 30-701 Kraków), NIP:9452138173, e-mail address: marketing@miquido.com, telephone number: +48 536 083 559.

Participant – Consumer, Entrepreneur or with consumer rights who concludes the Agreement with the Organizer. Only an adult can be a Participant.

Recording Access Agreement – contract for the provision of digital content between the Organizer and the Participant, concluded remotely by electronic means, the subject of which is the providing the Participant access to the Recording. 

Recording – audio-visual recording of the Event made available by the Organizer at the request of the Participant (video on demand) as digital content created and delivered in digital form not recorded on a tangible medium.

Terms and Conditions – these terms and conditions.

§ 2 General terms of participation, concluding and terminating the Agreement

1. The provisions of this paragraph apply to the conclusion of the Event Participation Agreement and Recording Access Agreement.
2. The Participant's acceptance of Terms and Conditions expresses willingness to conclude the Agreement.
3. Acceptance of the Terms and Conditions is voluntarily but required to conclude the Agreement.
4. The content of the Agreement is determined by Terms and Conditions together with attachment.
5. The Participant is obliged to comply with Terms and Conditions from the moment of the first action leading to the possibility of concluding the Agreement.
6. Conclusion of the Agreements is free of charge for the Participant.
   Participation in the Event as well as obtaining access to the Recording are possible after meeting the following technical requirements by the Participant:
   1. Possessing a computer, laptop, phone, or other similar device with access to the Internet,
   2. Having access to a web browser (for example: Google Chrome, Safari, Opera),
   3. Possessing an active email address.
      

I. Event Participation Agreement

1. Interest in participating in the Event must be expressed by completing the registration form available at https://lp.miquido.com/innovation-waves-entertainment from 24.08.2023 to 24.08.2023.
2. The Organizer provides registration using the platform HubSpot.
3. The Organizer within a maximum of 30 days from completing the form described in section 1 sends a confirmation of the Participant's registration to e-mail address provided in registration form with link enabling to enter the Event. Once the Participant receives confirmation of registration, the Event Participation Agreement is concluded.
4. The number of seats allowing participation in the Event is limited. The Organizer has the right to close the registration if the pool of all available seats is exhausted before the deadline indicated in section 1. In such case, the person signing up for the Event will not have the possibility to complete the registration form or will receive an email notification about the lack of seats for the Event.
5. Only the person who has received confirmation of participation is entitled to participate in the Event. The Participant is not entitled to share the link to the Event with other people.
6. The Participant is obliged to, in particular:
   
   1. Not to provide or transmit content prohibited by law, e.g. content that promotes violence is defamatory or violates the right of third parties,
   2. Participate in the Event in a manner that does not cause any interference, in particular by using specific software or devices,
   3. Refrain from taking any actions aimed at obtaining the Organizer’s confidential information,
   4. Use the services offered by the Organizer in a way that is not inconvenient for other Participants and the Organizer, with respect for their personal rights (including the right to privacy) and other rights they are entitled to. 
      
7. In the event of a breach of the obligations described in section 6, the Organizer may deprive the Participant of the right to participate in the Event, as well as restrict access to some or all the functionality of the Event with immediate effect.
   The Organizer reserves the right to change the date of the Event or the speakers because of circumstances independent of the Organizer.
8. The Organizer has the right to withdraw from the Event Participation Agreement, no later than 7 days before the scheduled date of the Event, if insufficient number of Participants sign up for the Event. The Organizer will immediately notify the Participant of this fact.
9. The Participant has the right to withdraw from the Agreement at any time before the start of the Event. The statement of withdrawal from the Agreement should be sent to the marketing@miquido.com. The
10. Organizer will promptly send the Participant a confirmation of receipt of the withdrawal statement by email.
    

II. Recording Access Agreement

1. A person wishing to access the Recordings fills out the form available at https://lp.miquido.com/innovation-waves-entertainment.
2. Filling out the form referred to in section 1 will be possible no earlier than after the Event took place.
3. The Organizer provides the form described in section 1 via the platform HubSpot.
4. The Organizer within a maximum of 30 days from filling out form described in section 1 sends a link enabling to enter the Recording to email address provided during the procedure described in section 1.
5. Once the Participant receives link to the Recording, the Recording Access Agreement is concluded.
   The Organizer can stop providing access to the Recording at any time with the immediate effect. The Organizer will immediately notify the Participant of this fact.
6. The Participant is obliged to, in particular:
   
   1. Not to infringe the copyright to the Recording and the works contained within it,
   2. Access the Recording in a way that does not interfere with its streaming, in particular by using specific software or devices,
   3. Refrain from taking any actions aimed at obtaining the Organizer’s confidential information.
      

§3 Functionality, Interoperability, Compatibility

1. Digital content and digital services are provided by the Organizer in English language.
2. The Event will be delivered as a live online broadcast, and the Recording will be posted as a playable file.
3. Digital content and services are provided using the third-party platforms indicated in Terms and Conditions. To ensure the Functionality, Compatibility and Interoperability of the Digital Content and Services, the Participant should comply with the technical requirements and download the updates indicated by the entities responsible for the functioning of such platforms.
4. Digital content and services are current as of the date of delivery. The Organizer is not obligated to provide updates after their delivery.
   

§4 Copyrights

1. The Event and the Recording, as well as works presented within them are subject to protection by copyright laws.
2. Organizer, which owns intellectual property rights to the Event and the Recording hereby grants the Participant effective upon the commencement of the Agreement, a non-exclusive, royalty free license to view the provided materials - only for personal use. Other than with respect to this license, the Participant will have no legal right to use, sell, rent, present or distribute in any form any of the provided materials.
   

§5 Withdrawal from the Agreement

1. The Participant being a Consumer or Entrepreneur with consumer rights has the right to withdraw from the Agreement within 14 days from its conclusion.
2. The right indicated in section 1 is exercised by the Participant being the Consumer or the Entrepreneur with customer rights by sending an appropriate statement to the Organizer's registered office address or by e-mail to marketing@miquido.com. The statement can be made using the form attached to Terms and Conditions as attachment no. 1.
3. The Organizer will promptly send to the Participant being the Consumer or the Entrepreneur with consumer rights a confirmation of receiving the statement of withdrawal.
4. Due to the fact that participation in the Event and the use of the Recordings is free of charge, effective withdrawal from the Agreement does not create an obligation to reimbursement of any benefits by the Organizer. At the same time, in the event of effective withdrawal from the Agreement, the Participant is obliged to immediately stop participating in the Event or using the Recordings.

§6 Complaints

1. The Participant files a complaint at marketing@miquido.com or sends it by mail to the Organizer's address, immediately, but no later than within 14 days from the occurrence of the circumstances covered by the complaint. This term is not binding for Participants being are Consumers or Entrepreneurs with consumer rights.
2. The complaint must include:
   
   1. Identification of the Participant (including his/her name, surname, postal address, e-mail address, and in the case of legal persons and other entities name, postal address and details of the person authorized to representing the Participant in connection with the complaint),
   2. Description of the problem that gives grounds for the complaint,
   3. Participant's expectations on how to solve the reported problem.
      
3. The Organizer has the right not to review a complaint in case any of the elements indicated in section 2 are missing. The provision does not apply to the Participant being the Consumer or Entrepreneur with consumer rights.
4. The Organizer reviews the complaint within 14 days of its reception and informs the Participant of its review at the e-mail address provided when filing the complaint. In case of lack of response within the period indicated in the first sentence, the Organizer is considered to have accepted the complaint.
5. The Organizer is responsible to the Participant being the Consumer or Entrepreneur with consumer rights for the delivery of digital content or digital service in accordance with the agreement.
6. In the event of non-compliance of the digital content or digital service with the Agreement, the Participant being the Consumer or Entrepreneur with consumer rights is entitled to execute the rights indicated in Chapter 5b of the Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
   

§7 Liability

1. The Organizer is not responsible for the Participant's inability to participate in the Event or use the Recording for any reason whatsoever.
2. The Organizer is not responsible for the consequences of false or incorrect data provided by the Participant.
3. The Organizer is not responsible for any consequences of malfunctioning of platforms external to the Organizer used to provide digital services or digital content under these Terms and Conditions. The Organizer is not responsible for messages, confirmations and other data lost or forfeited on the internet.
4. To the extent that is permitted by the applicable law, in particular subject to art. 473 § 2 of  the Polish Civil Code, the Organizer is not liable for any damages related to the carrying out the Event and/or access to the Record, including damages resulting from the Participant’s participation in the Event and/or access to the Record or the Participant’s inability to participate in the Event and/or access to the Record, in particular for the damages resulting from defects/failures/faults. This provision does not apply to the Participant or Entrepreneur with customer rights.
5. The Organizer is not responsible for the consequences of Force Majeure. Force Majeure is considered to be an event beyond the control of the Organizer that makes the performance of obligations impossible or that may be considered impossible due to the existing circumstances. Force Majeure includes, in particular, failures or disruptions in the supply of electricity or the Internet, acts of war, or acts of state or local government authorities in the formulation of policies, laws and regulations affecting the performance of obligations.
   

§8 Non-judicial ways of processing complaints and claims

1. Specific information on the possibility for the Participant or Entrepreneur with customer rights, to use out-of-court procedures for processing complaints and claims and the rules of access to these procedures are available at the offices and on the websites of district (city) consumer advocates, social organizations whose statutory tasks include protection of consumer protection, District Trade Inspection Inspectorates and at the following web addresses of the Office of Competition and Consumer Protection:
   1. http://www.uokik.gov.pl/spory_konsumenckie.php,
   2. http://www.uokik.gov.pl/sprawy_indywidualne.php,
   3. http://www.uokik.gov.pl/wazne_adresy.php.
      
2. The Participant being the Consumer or Entrepreneur with customer rights has the following examples of non-judicial means of complaint processing and claims investigation:
   1. Request the permanent arbitration consumer court, as referred to in Article 37 of the Act of December 15 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Organizer,
   2. Request the regional inspector of the District Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for initiation of mediation proceedings for amicable termination of the dispute between him and the Organizer,
   3. Obtain free support in resolving a dispute between him and the Organizer, also using the free assistance of the district (city) consumer advocates or a social organization whose statutory tasks statutory tasks include consumer protection.
      

§ 9 Personal Data Protection

1. The personal data controller is Miquido sp. z o.o. sp.k. with its registered office in Cracow (address: ul. Zabłocie 43a, 30-701 Kraków), NIP: 9452138173, e-mail address: marketing@miquido.com, phone number: +48 536 083 559.
2. Personal data will be processed only for the purpose and scope specified in the given consent, as well as for purposes related to the execution of the Agreement, including participation in the Event, and obtaining access to the Recording.
3. The legal basis for the processing of data is art. 6 (1) (b) GDPR and art. 6 (1) (a) of GDPR.
4. The data will be transferred to the companies providing services supporting organization of the Event which are:
   1. RTCLab Sp. z o.o. based in Gdańsk, al. Grunwaldzka 212,
   2. HubSpot, Inc.; HubSpot Ireland Limited
5. Subject to section 4, the Organizer will also not subcontract the processing of personal data without the prior consent of the person whose data is being processed, with the with the exception of carefully selected suppliers performing specific functions on behalf of the Organizer (e.g., companies assisting the Organizer in providing services to customers, e.g., accounting or legal services).
6. In case Participant expressed consent to process data – the Organizer informs that such consent may be withdrawn at any time, and the withdrawal of the consent does not affect the lawfulness of the processing which were carried out on the basis of the consent before its withdrawal.
7. Providing personal data is voluntary but necessary to conclude Agreement.
8. Personal data will not be kept longer than necessary and permitted by law.
9. The Organizer may transfer Participant’s personal data to third countries in connection with the use of the services of external entities who store the personal data entrusted to them on servers located outside the European Economic Area (EEA). The Organizer transfers personal data outside the EEA to third countries only if it is necessary to achieve business purposes and when the third country ensures an adequate level of protection, through.
10. In each individual case when personal data is transferred outside of the European Economic Area (EEA), to a country that does not guarantee the same or an adequate level of personal data protection that follows from the legal regulations in force in Poland, the Organizer will make sure that this is done on a valid legal basis and with the legally required security measures employed.
11. The Organizer informs that the Participant has the right to access, correct, delete, and transfer his personal data, to restrict the processing of the data and object to it, as well as the right to lodge a complaint with the supervisory authority (PUODO).
    

§ 10 Final provisions

1. The Organizer reserves the right to change Terms and Conditions. The Participant will be informed about this fact.
2. The current version of Terms and Conditions is available on the website ​​https://lp.miquido.com/innovation-waves-entertainment-terms-and-conditions and applies from the date of the publication.
3. The law applicable to the agreement is the Polish law under which the Agreement shall be performed and interpreted. However, the choice of Polish law does not deprive the Participant being the Consumer or the Entrepreneur with consumer rights of the protection afforded to him by provisions that cannot be excluded by contract under the law of the Consumer's country of residence.
4. In matters not covered by Terms and Conditions, the applicable provisions of law shall apply.
5. Settlement of possible disputes arising between the Organizer and the Participant being the Consumer or Entrepreneur with customer rights will be submitted to the competent common courts in accordance with the provisions of the provisions of the Code of Civil Procedure.
6. Settlement of potential disputes arising between the Organizer and the Participant, who is the Entrepreneur, is subject to the court competent for the seat of the Organizer.
   

WITHDRAWAL FORM TEMPLATE

Please be advised that this form must be completed and returned only if you wish to
withdraw from the Agreement. The use of the form is optional.

Addressee: Miquido spółka z ograniczoną odpowiedzialnością spółka komandytowa with
based in Krakow (address: Zabłocie 43a Street, 30-701 Krakow), NIP: 9452138173, e-mail: marketing@miquido.com, tel. no.: +48 536 083 559

I/We(*) hereby inform(*) about my/our withdrawal from the Agreement for the provision of the following digital service and/or digital content

Date of conclusion of the agreement:

Name of the Consumer(s)/ Entrepreneur with consumer rights (*):

Address of the Consumer(s)/ Entrepreneur with consumer rights (*):

Signature of the Consumer(s)/ Entrepreneur with consumer rights(*):
(only if the form is sent on paper)

Date and signature:
(*) Delete not necessary.