Terms and conditions (valid until February 04, 2021)
Through the getpubli.com you can download a free Publii app and purchase themes and add-ons upgrading the application.
That’s it for the introductions. Let’s talk business. Our formal registration information as application provider and administrator of the getpublii.com website is: TIDYCUSTOMS Boguslaw Mitro, ul. Ludowa22, 33-380, Krynica- Zdrój, Poland, Tax Identification Number: 7342553332.
Below you can find our Terms of Service which include information on how to place an order and conclude a contract, available payment methods, order processing rules and procedure of withdrawal from the contract.
Remember that you can contact us at any time by writing an e-mail to email@example.com.
We hope your experience with Publii will be pleasant.
For the purpose of this Terms of Service, following definitions shall apply:
- Administrator - Boguslaw Mitro TIDYCUSTOMS, ul. Ludowa22, 33-380, Kudowa Zdrój, Poland, Tax Identification Number: 7342857799,
- Consumer - natural person who concludes a contract with the Administrator which is not directly related to the Consumer’s business or professional activity; Consumer is also a User,
- Terms of Service - this document, available at https://getpublii.com/terms-and-conditions/,
- Website - a website available at https://getpublii.com,
- User - natural person legal person or legal person without corporate status operating a business, who uses the Website.
2. Preliminary provisions
- Through the Website, the Administrator provides electronically supplied services, which allow the User conclusion of contracts for electronically supplied services and service provision, as well as provides the opportunity to pay for access to update themes and add-ons by purchasing the themes or add-ons.
- Computers or other devices do not require any special technical conditions in order to access the Website. The following are sufficient:
- internet connection,
- standard and up-to-date operating system (Windows, Linux, Mac OS),
- standard and up-to-date Internet browser (Safari, Chrome, Firefox),
- active e-mail address.
- For browsing purposes only, the Website can be accessed anonymously, without the need to provide any personal data. However, creating an account and concluding contracts through the Website requires providing specified personal data such as full name, user name, e-mail address. If the User makes a purchase in the course of their business, they must provide additional business information (name, address, Tax Identification Number).
- While using the Website, it is prohibited to provide illegal content, in particular by transferring such content through the forms available on the Website.
- Depending on the User's location, prices can be expressed in different currencies. If the User does not conduct a business activity, prices quoted on the Website might be increased by VAT. The final gross price is shown at the stage of placing an order.
- The Administrator shall ensure that any data transmitted as part of use of the Website is secure, i.e. That any information shall be transmitted confidentially in its entirety and completeness. The Administrator is not liable for any unauthorized access to transmitted data resulting from circumstances pertaining to the User, such as, for example, spyware installed on the User's device.
- In order to ensure the security of the User and the data transmission, the Administrator shall take technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Administrator may decide to suspend or terminate the Website at any time. The Administrator may also decide to change, withdraw or add new Website functionalities at any time. The termination of the Website does not deprive the User of any rights resulting from agreements concluded via the Website, in particular in the scope of access to updates and technical support during the term of the contract wherein these services may be provided outside of the Website.
- The Administrator is entitled to the support of third parties in connection with the functioning of the Website, in particular to ensure the proper functioning, development and service of the Website.
- The User is obliged to use the Website in a manner consistent with the law, the Terms of Service and principles of morality, as well as to:
- use the Website in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not to take any steps to gain possession of information not intended for the User,
- not to use the Website in a way that is inconvenient for other Users and for the Administrator.
- The Administrator may block access to the Website to a User who violates the provisions of paragraph 10 above.
3. Free services
- Basic electronically supplied service provides the User with access to publicly available content of the Website which consists of all materials therein available free of charge.
- The Administrator provides the User with the possibility of downloading the Publii application, as well as any free themes and add-ons. The Administrator decides which themes and add-ons are available for free and which are not.
- Publii application, as well as themes and add-ons, are distributed under the GPL 3.0 license which can be accessed here: https://getpublii.com/license.html
- The Administrator also provides the User with the option to create a user account on the Website. Account registration is equal to concluding a contract with the Administrator on maintaining User's account. Registration requires filling in and submitting the form as well as reading and accepting the Terms of Service. Registration ends with a redirection to the confirmation page. With this moment, the contract on maintaining User's account is considered to be concluded between the User and the Administrator. Contract on maintaining User’s account if free of charge which means that the User does not incur any fees for the account itself.
- Through the Website, the User can purchase paid themes and add-ons for the Publii application.
- In order to make a purchase, the User is required to have an account on the Website. Account creation is described in § 3 paragraph 4 of the Terms of Service.
- In order to make a purchase, the User must choose selected theme or add-on, fill in the order form, choose one of the two available payment options: PayPal or Stripe, read and accept the Terms of Service and click the "Order Now with obligation to pay" button. At the moment of clicking “Order Now with obligation to pay” button the User, depending on the selected payment option:
a) PayPal: will be redirected to PayPal website in order to make the payment. After the payment has been made successfully, the User will be redirected back to the Website with the payment confirmation. With this moment, a contract between the Administrator and the User is concluded.
b) Stripe: will stay on the checkout page and enter the debit or credit card information. After the payment has been made successfully, the User will be redirected to the Website with the payment confirmation. With this moment, a contract between the Administrator and the User is concluded.
- When making the purchase, the User gains access to files that constitute the purchased theme or add-on. These files can be accessed and downloaded for the period of 6 months from the conclusion of the contract. The User can use the files at anytime, anywhere.
- Moreover, on the basis of the concluded contract the Administrator will provide the User with access to updates for the purchased theme or add-on for a period of 6 months from the conclusion of the contract. The Administrator will also provide technical support for the purchased items for a period of 3 months from the conclusion of the contract.
- Access to updates and technical support may be provided via the Website or by different means, in particular via e-mail or file hosting services.
- The Administrator only supports its theme or add-on, purchased on the Website. The technical support service includes assistance in the installation, configuration, and use of purchased products.
- The Administrator does not customize its theme or add-on or support any third party customizations of the purchased items. A customization is anything that changes the way the theme and add-on look or function relative to how the Administrator makes its theme or add-on available to you.
- Access to updates does not guarantee that any updates will be released during the access period.
- Waiting period for inquiries submitted by the User as part of technical support should not exceed 5 business days.
- The contract is concluded for a definite period of 6 months, whereas the obligation to provide technical support covers only the first three months of the contract, in accordance with paragraph 5 above. For the avoidance of doubt, the Administrator emphasizes that the contract expires after 6 months, which means that after this period the Administrator has no obligations related to updating the purchased theme or add-on or providing technical support.
- After the contractual 6 month period expires, the User shall receive a message with a reminder that access to the purchased files will no longer be available, and information as to the available options for renewing file access. Any such renewal will include access only to downloads of the specified files; technical support is not included. Should the User require additional technical support beyond the scope of the initial contractual period of 3 months, the User may request a quote for the required services via Publii's Customization Service.
- The contract is not subject to termination during its term.
- The User cannot withdraw from the contract. As part of the conclusion of the contract, the User agrees to be provided witch digital content in the form of files constituting the purchased theme or add-on before the due date of withdrawal from the contract resulting in the loss of the right to withdraw from the contract.
- Payment in arrears of the contracts concluded through the Website can only be made via PayPal or Stripe.
- The only available methods of payment for the purchase are via PayPal or Stripe. Therefore, the Administrator does not process any data related to the payment.
- If the User requests an invoice documenting the payment, they will receive it in electronic form to the e-mail address assigned to their user account.
6. Themes and add-ons
- Themes and add-ons available on the Website are compatible exclusively with the Publii app.
- The Consumer is obligated to keep the Publii app up-to-date to ensure the correct work of themes and add-ons.
- Our team makes use of new capabilities available in modern, up-to-date browsers, and that’s why our themes and add-ons support only modern browsers.
- Themes and add-ons available on the Website are distributed under the GPL 3.0 license which can be accessed here: https://marketplace.getpublii.com
7. Maintenance breaks and technical issues
- The Administrator shall ensure that the Website works in an uninterrupted manner.
- The Administrator is entitled to temporary interruptions in the operation of the Website for technical reasons. The Administrator will notify the User in the form of an e-mail about the planned maintenance break.
- The Administrator informs the User that temporary maintenance breaks may also be unplanned, in particular due to malfunctioning of the Website unforeseen by the Administrator.
- The Administrator aims to ensure that the Website is fully functional, but cannot guarantee that the User will not encounter various technical issues while using the Website. The User shall inform the Administrator of any technical issues or temporary unavailability of the Website.
- The Administrator is not liable for limitations or technical issues in the ICT systems used by the User, which prevent or hinder the use of the Website.
- All complaints related to the use of the Website as well as purchased themes and add-ons can be submitted by e-mail to the email address of the Administrator: firstname.lastname@example.org
- The complaint should contain User's identification and contact details, description and justification as well as claims related to the complaint.
- The Administrator shall consider the complaint within 14 days from the date of receipt of the complaint. He shall notify User about his decision by sending an e-mail.
- The administrator of the User’s personal data, in accordance with the Act on the Protection of personal data is the Administrator.
10. Non-judicial ways of considering complaints and assertion for claims
- The Administrator agrees to submit any disputes arising in connection with contracts concluded through the Website by way of mediation proceedings. Details shall be determined by the parties to the conflict.
- The Consumer has the ability to use non-judicial ways of considering complaints and assertion for claims. Inter alia, the Consumer has the ability to:
- ask the Permanent Consumer Arbitration Court requesting the settlement of the dispute arisen from the concluded contract,
- ask the provincial inspector of Trade Inspection requesting initiation of the mediation proceedings on the amicable settlement of the dispute between the Consumer and the Administrator
- ask for assistance from the district (municipal) consumer advocate or social organization which statutory tasks include protection of the consumer.
- More detailed information on non-judicial ways of considering complaints and assertion for claims can be found at http://www.polubowne.uokik.gov.pl.
- The Consumer may also use the ODR website available at http://ec.europa.eu/consumers/odr. The Store is used as a mean of settlement of disputes between Consumers and entrepreneurs seeking non-judicial ways of settlement of the dispute concerning contractual obligations arising from the electronic sales contract or service contract.
11. Other provisions
- The Administrator reserves the right to introduce and withdraw offers and product sales as well as to change prices without prejudice to the right acquired by the Consumer, including contract terms concluded before the change.
- The law applicable to the contracts concluded through the Website is Polish law. This does not deprive the Consumer of the right to invoke rights under the law of the country in which they have their residence.
- All disputes arising in connection with the contract concluded through the Website shall be settled by the Polish common court having jurisdiction over the Administrator’s place of residence. This provision does not apply to Consumers, for which the jurisdiction of the court results from the law.
- The Administrator reserves the right to make changes to the Terms of Service. For the remitted contracts concluded before changes to the Terms of Service, the Terms in force at the date of conclusion of the Contract applies.
- Users who have an account on the Website will be notified about the changes to the Terms of Service by e-mail to the address assigned to the account. If the User does not accept the new Terms of Service, they have the right to terminate the contract on maintaining User's account at any time by deleting the account or submitting to the Administrator an appropriate statement, in any form, about the termination of the contract.
- Terms of Service comes into force on 24.05.2018