These terms and conditions (hereinafter: “Terms and Conditions”) lay down provisions of using the Designer’s Platform entitled WaterFolder, available at www.waterfolder.com (hereinafter: “Website”)
These Terms and Conditions enter into force on 01.03.2021.
The Website is run by RETENCJAPL Sp. z o.o. with its headquarters in Gdańsk, ul. Marynarki Polskiej 163, 80-868 Gdańsk, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Gdańsk-Północ [North] in Gdańsk, 7th Commercial Division of the National Court Register under no. KRS 0000570277, VAT ID 5842743299, REGON 362196557 (hereinafter: “Operator”).
In the meaning of these Terms and Conditions, each person visiting or using the Website at www.waterfolder.com is called its User (hereinafter: “User”).
The subject of the Operator’s activity is providing the User with the possibility to choose, generate, keep and download (hereinafter: the “Services”) data concerning the parameters of water and sewage equipment to be constructed in a given location in a digital form and, upon request of the User, also more specific data comprising the above mentioned parameters and initially tailored product solutions offered by Manufacturers cooperating with the Operator (hereinafter: “Product”). In the meaning of the Terms and Conditions, the Product is understood as:Numerical values of parameters and technical description of water and sewage equipment, selected on the basis of the input data, for the location indicated by the User, described by the coordinates in the WGS 84 system, the name of the investment to be created in the given location and if the User wishes to receive them electronically, also the numerical values of the parameters and a more detailed technical description of the water and sewage equipment, including the initial product proposal offered by the Manufacturers cooperating with the Operator.
§ 2 Conclusion of the service agreement and the scope of Services provided
The conclusion of a Service agreement between the Operator and the User (hereinafter: “Service Agreement”) takes place upon filling in the registration form available on the Website correctly and upon acceptance of these Terms and Conditions. In order to conclude the Service Agreement, it is necessary to provide the above mentioned data. The provision of personal data is voluntary but necessary for the Operator to perform the Service. The User undertakes to fill in the form with correct data.
The Operator reserves the right to refuse to conclude the Service Agreement with the User on any grounds, especially if the User’s account was previously deleted due to the breach of provisions of the Terms and Conditions.
The Service Agreement is concluded for an indefinite period. The contents of the Terms and Conditions form an integral part of the Service Agreement.
The refusal to accept the Terms and Conditions renders the conclusion of the Service Agreement impossible. The Operator may refuse to provide Services to a given User in the event that the User refuses to accept the Terms and Conditions or provides false data in the registration form.
The User who makes use of the tools available on the www.waterfolder.com website, in order to be able to select the chosen device, is obliged to fill in the electronic form placed on the Website (“Form”), providing information necessary to perform calculations and indicate Products matching the User’s needs.
As part of the services provided on the Website, the Operator collects information about the User’s selections. This information can be made available to Partners cooperating with the Operator (hereinafter: “Manufacturers”) in an anonymous form (i.e. without linking specific parameters and selections with the investment and User’s data) in order to enable the Manufacturers to analyse them in terms of optimising the product offer.
As part of the services available on the Website, the User may also ask to send to the email address specified by it detailed results of calculations and preliminary product proposal related to these calculations by the Manufacturer cooperating with the Operator and offering a specific product range. In such a case, the Operator, in order to prepare more detailed data including the initial product offer and to enable further correspondence in this matter, will provide the Manufacturer with information about the parameters entered by the User, investment data and results of calculations as well as the User’s data in the scope of: name, surname, email address and data (name, registered office) of the company represented by the User in order to enable the Manufacturer to present the information requested by the User directly by electronic means and allow for further contact in this matter.
From the level of the chosen selection tool, the User also has the opportunity to ask for direct contact with the Manufacturer’s representative (e.g. in the case of non-standard inquiries, the need for consultations on available products, etc.). The User may also specify the preferred form of contact (by email or telephone) with the Manufacturer’s representative. The Operator will then make the content of the inquiry and the User’s data in the scope of: name and surname, email address, telephone number (depending on the preferred form of contact indicated by the User) and company data, such as name and address of the registered office, available to the Manufacturer.
The use of the Services referred to in this paragraph is free of charge for the User and is not tantamount to concluding a sales, delivery or other agreement with Manufacturers cooperating with the Operator and does not oblige the User to conclude such agreements or assume other obligations.
§ 3 User Account
In order to access the Website, the User must register by creating an Account following the Operator’s instructions laid down on the Website.
As a result of completing the registration form, a User Account is created, with an email address, password and the selected Account type assigned to it. In order to use the Services, the User must be registered on the Website. On its Account, the User is free to enter additional personal and business data necessary to provide the Services in a wider scope. It is also possible to store and download information about selected Products on the Account.
In the event that any data entered by the User changes, it should be immediately updated in the appropriate tab within the Account, available on the Website.
Access to the Account is possible by providing an email address and password in the login form on the Website. In the event that the User forgets the password, it will be possible to recover after completing the password recovery form correctly. The User will receive instructions to set a new password to the email address provided during registration on the Website.
The User Account is non-transferable. The User is not entitled to resell it, put it into use or make it available in any form to third parties.
The User undertakes not to post any data or content that is illegal or violates good manners, applicable law or personal rights of third parties on the Website.
The User is obliged to keep the password to the Account secret and protect it against unauthorised access.
The User is not allowed to use the data specified on the Website without providing their source, i.e. full data of the Operator and the fact that he is the owner of the Website and without providing the address of the page on which the Website is available.
§ 4 Technical requirements
For the proper functioning of the Website, it is required to use a device connected to the Internet and enable the SSL protocol of secure data transmission, JavaScript and Cookies in the web browser. In addition, in order to use the Services in full scope, the User must have an email account.
The Service Provider recommends using the latest versions of web browsers, i.e.:
Edge 14 or higher
Firefox version 49 or higher
Chrome version 49 or higher
Safari version 9.1 or higher
Opera version 42 or higher
iOS Safari version 10.1 or higher
Android Browser version 4.4 or higher
The data used to fill in the form for Account registration and use of the Website is protected by the use of secure HTTPS protocol.
The Website operates on the basis of Cookies technology, and the rules for processing cookie files are contained in the privacy policy.
The User’s compliance with technical conditions described in this paragraph is important for the proper functioning of the Website, its reliable results and a specific appearance in the web browser as well as for the security of the User’s data stored on its Account.
The User must comply with the technical conditions contained in the Terms and Conditions and any possible deviations, whether intentional or unintentional, are taken at the sole risk of the User and the User is fully responsible for the possible consequences of such deviations.
Access to the Website is possible for the User during the term of the Service Agreement 7 days a week and 24 hours a day, subject to sec. 8 below.
The Operator informs that technical breaks may occur in the proper operation of the Website due to, in particular, the need to repair it, introduce new functionalities or its maintenance as well as in connection with the creation of backup copies or processing of the collected data.
The Users will be notified of each break by an appropriate message displayed on the Website.
The Operator does not guarantee the proper operation of the Website and the reliability of its results in the event that the User makes use of the hardware or software which fails to meet the technical requirements specified in the Terms and Conditions.
The use of the Website may be impossible or difficult also in the event of improper quality of the Internet connection, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network or power outage.
§ 5 Provision of Services by the Operator
The User may use the Services provided by the Operator 7 days a week and 24 hours a day.
The selection of Products on the Website takes place by filling in appropriate forms by the User, which contain parameters required for selection.
Services on the Website are made available to the User free of charge, except for rainfall data from the PANDa Atlas.
Products are delivered in the form of general numerical data which may be copied on the Website as well as files containing detailed descriptions and preliminary product proposals relating to descriptions, sent at the User’s request to the email address indicated by the Manufacturer offering a specific product solution.
§ 6 Complaints
In matters related to the delivery of Products and Services on the Website, all complaints should be sent electronically to the following email address: support@waterfolder.com.
Complaints will be considered by the Operator within 14 days of notification. The User will be informed about the results of the complaint process via email. If the Operator fails to consider the complaint within 14 days from the date of its receipt, such a complaint will be deemed justified.
Any other problems, in particular notifications about the unavailability of the Services or their incorrect functioning on the Website, can be sent via email to the following address: support@waterfolder.com.
§ 7 Operator’s rights and obligations
The Operator undertakes to make every effort to provide the User with the Website and Products free from defects.
The Operator reserves the right to block the Account or access to selected Services temporarily in the event that the security of the Account or the Website is compromised.
In the event of a flagrant breach of these Terms and Conditions or an attempt to act to the detriment of the Operator, the Operator’s Partners or third parties on the part of the User, the Operator reserves the right to implement restrictions on the use of the User Account, including its permanent deletion.
The Operator is not responsible for the content placed by the User on its Account.
The Operator reserves the right to make the Website or access to the purchased Products temporarily unavailable.
In the event of interruptions in the access to the Website longer than 48 hours, the User will be informed about this fact electronically.
§ 8 Termination of the User Account, termination of the Agreement
An agreement concluded under these Terms and Conditions will be terminated automatically, without the need to submit additional statements upon the User’s deletion of its Account by following the instructions in this respect found in the relevant tab on the Website or when the account is deleted by the Operator.
The Operator has the right to block the User’s access to the Website in whole or in part in cases of violation of the Terms and Conditions by the User or refuse to provide the service to the User in the future if the User’s Account has been deleted by the Operator.
In particularly justified cases, the Administrator may delete the User Account, in particular in a situation where the User:
violates the rules of using the Website, including in the manner referred to in § 8a hereof;
violates in any way the Administrator’s copyright related to the Calculator;
provides unreliable or false information about the Administrator or the Website, which may compromise the reputation or image of the Operator
transfers rights and obligations under the Agreement with the Administrator without the Administrator’s prior consent expressed in writing under the pain of nullity.
§ 8a Terms of use of the Website. The Operator’s liability
The Operator makes every effort to ensure that the Website works correctly and indicates reliable results.
The Operator is not liable for the accuracy and timeliness of the data provided by the User when registering the Account; in particular, he is not responsible towards third parties whose data have been used without their knowledge and consent.
The Operator will not be liable for the disclosure of login data, including the Login and Password on the part of the User to third parties and any claims related to it, submitted by the User or third parties.
The User is not allowed to enter illegal, offensive, untrue or misleading content or to compromise the good name or image of the Operator as well as content with viruses or content that may cause disruptions or damage to the Website. In the event that the Operator receives a reliable message about the illegal nature of the stored data provided by the User, he may prevent access to such data and / or delete the User Account.
In the event of damage incurred by the Operator as a result of providing the content and data indicated in sec. 4 by the User, he will be entitled to claim damages on general terms.
§ 9 Withdrawal from the agreement / Resignation from the Service
The User, who is a consumer within the meaning of Article 22 (1) of the Civil Code, has the right to withdraw from the Service Agreement within 14 days from the date of its conclusion by submitting a written statement (a letter sent by post to the Operator’s address: RetencjaPL Sp. z o.o., ul Marynarki Polskiej 163, 80-868 Gdańsk or by email to the following address: support@waterfolder.com)) to the Operator within 14 days from the date of conclusion of the Agreement. Providing the reason for withdrawal from the Agreement is not required.
Resignation from the Service is possible at any time. For this purpose, the User is obliged to submit a written statement (letter sent by post or email) to the Operator.
The effect of withdrawal as well as resignation from the Service is the cessation to provide the User’s data and the deletion of the User’s data and Account from databases belonging to the Operator. The exception is the situation in which the Operator transferred the User’s data to the Manufacturer after the User has used the Service available on the Website.
§ 10 Intellectual property protection
All products offered by means of the Website are subject to protection under the author’s economic rights.
The User has the right to use the Products in accordance with the rules set out in these Terms and Conditions.
If the Operator obtains information about violations of the rules of intellectual property protection referred to in § 10 sec. 2 hereof, the Operator will request the User to remove the effects of violations at the User’s expense. If the User fails to comply with the request within 7 days from the date of its receipt, the Operator may raise claims against it for violation of the Terms and Conditions or other rights to the Product.
§ 11 Protection of personal data
The basis for the processing of personal data by the Operator is the performance of the agreement, the subject of which is the provision of Services.
The administrator of personal data included in the forms is the Operator.
Personal data of the Users entered into the Form is processed by the Operator only for the purpose of performing the Services. The basis for data processing is Article 6 sec. 1 letter b and f of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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).
In order to enable the proper performance of the Service referred to in §2 sec. 7 and 8 hereof, the User’s personal data will be made available to the appropriate Manufacturer (in accordance with the information provided to the User before using the said Services). The User’s personal data will be made available by the Operator to the Manufacturer upon consent given by the User. When making User’s data available, the relevant Manufacturer becomes a separate administrator of the User’s data made available to him.
Personal data will be processed by the Operator as a data administrator for the period necessary to provide the Service or until the termination of the Agreement / resignation from the Service and / or the possible objection by the person whose data is processed and after this period for the purposes and for the period required by law or in order to secure possible claims.
Users’ personal data received by the Manufacturers in the procedure specified in sec. 4 will be processed by the Manufacturers on the terms specified in the information clauses / privacy policies made available to the Users directly by the Manufacturers.
The User has the right to access the content of its personal data and the right to rectify, delete or limit the processing, the right to transfer data and the right to object to their processing as well as the right to lodge a complaint with the supervisory authority.
The provision of personal data is voluntary but necessary for the Operator to provide Services.
The Operator is not responsible for providing personal data of third parties by the Users. Any disputes arising in connection with the implementation of the agreements will be settled amicably.
The Operator, being the administrator of the personal data provided by the Users, applies appropriate technical and organisational measures to ensure data security, in particular to protect personal data against threats during the transfer of data and against access of third parties to such data.
All information on the collection, processing and protection of personal data is included in the Privacy Policy.
Acceptance of the Terms and Conditions also means acceptance of the Operator’s Privacy Policy.
§ 12 Final provisions
The current version of the Terms and Conditions is available on the Website at www.waterfolder.com in the Terms and Conditions tab.
The User is not entitled to transfer the rights and obligations under the Agreement without the prior consent of the Operator expressed in writing under the pain of nullity.
The Operator may at any time change the Terms and Conditions and any document related to them, of which he will notify the User 7 days before the change comes into force by placing relevant information and an updated version of the Terms and Conditions or a document on its Account.
All annexes to the Terms and Conditions are an integral part hereof.
In matters not covered by these Terms and Conditions, provisions of the Civil Code and other applicable Terms and Conditions will apply.