Terms of Use

1. ACCEPTANCE OF TERMS

1.    The website www.roger.pl, its structure, resources and content as well as all or parts of information, materials, documents or publications, either in electronic version or/and in a hardcopy, appended with a reference to these Terms or made available via the said website (hereinafter referred to as the “Content”), are owned by the master limited partnership Roger Spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office at 82-400 Sztum, Gościszewo 59, Poland (hereinafter referred to as “Roger”).

2.    By using the Content, the User accepts these Terms. If the User does not accept these Terms, the User should stop downloading and/or using the Content.

2. TRADEMARKS

1.    This Content contains logos, trademarks and service marks, information about products and others, which are owned or licensed by Roger. The Content may also contain third-party trademarks. The user undertakes to refrain from using them without the prior written consent of the trademark owner.

2.    In particular, the User may not place trademarks in publications, websites or other materials, the content of which discredits Roger or its products and services, violates its intellectual property or other rights, or is contrary to Polish law, the law of the User's country or international law.

3. USE OF THE CONTENT

1.    All rights to the Content are reserved. The intellectual property rights to the Content, in particular to the graphic layout of the Content, photographs and graphic elements used in the Content as well as trademarks are protected by law, in particular by the following legislative regulations: the Act of 4 February 1994 on Copyright and Neighbouring Rights, the Act of 30 June 2000 on Industrial Property Rights, the Act on 16 April 1993 on Unfair Competition and the Act of 27 July 2001 on Protection of Databases. The copyright to individual works comprising the Content belongs to their owners and may not be infringed by third parties who use the Content.

2.    Roger informs and reserves hereby that all data comprising the Content are published for general reference only and are not a binding offer. The Content cannot be modified in any way, reproduced or presented to the public, displayed, distributed or used in any other way for any commercial or public purposes without Roger's written consent. In the event of a breach of any of the above-mentioned rules of use by the User, the User shall automatically forfeit the right to use the Content.

3.    The use of any software available for downloading from the Content shall be subject to terms and conditions of relevant license agreements delivered with such software or appended to it.

4.    Technical Support may not be provided to natural persons who are not sole traders, i.e. who are consumers within the meaning of the Act — the Civil Code (consolidated text: official journal “Dz.U.” of 2014, item 121).

4. WAIVER OF LIABILITY

 1.    The User shall use the Content exclusively at its own risk. Roger reserves the right to limit or suspend, at any time, the User’s access to the Content or to any part thereof or service at any moment.

2.    Roger attaches great importance to the correctness and updating of any information comprising the Content, however, Roger explicitly waives any warranties, expressed or implied, including the warranties that access to the Content shall be uninterrupted and continuous, that the Content shall be safe and that the information published therein shall be complete, accurate and up-to-date. Users shall download any part of the Content at their own risk. The User shall bear exclusive liability for any damage to the User’s computer system or loss of data as a result of having downloaded such Content.

3.    Detailed information is contained in the technical documentation of the product, which is understood as the manual attached to the product packaging or published in the product article in the Content.

4.    Information and advice, either oral or written, as well as Technical Support obtained from Roger or through the Content shall not constitute the grounds to file any claims against Roger.

5.    Roger, its suppliers and any third-party companies referred to in the Content or companies related thereto shall in no case be liable for any damage arising out of and in connection with the inability to use of the Content or the results of using the Content or any websites linked thereto by hyperlinks or related with materials, information or services available on any such websites, regardless of whether such claims arise out of and in connection with warranties, contractual obligations, torts or any other legal grounds and regardless of whether Roger has been notified of the likelihood of such damage or not.

6.    The limitation of liability applies in particular to any errors, interruptions, computer viruses or data loss. Roger is not responsible for the User's lost profits (lucrum cesans) caused by the situation described in these terms.

7.    Should any servicing, repairs or modifications to the hardware or data be required as a result of using the Content, or information and services available in and provided through the Content, the User shall pay all costs related thereto.

5. USER’S LIABILITY

1.    A User causing any technical disruptions to the functioning of the Content or systems providing it to the users shall be liable for all the costs and expenses of such disruptions.

6. LINKS TO THIRD-PARTY WEBSITES

1.    Links to third-party websites are provided exclusively for the convenience of users and upon the consent of website administrators. Roger does not monitor, control and is not responsible for the content of the third-party websites linked to the Content. Users who decide to use links to go to any of the third-party websites linked to the Content shall do so exclusively at their own risk.

7. MODIFICATIONS OF THE CONTENT

1.    Roger pursues a policy of continuous improvement of its products and services, and it therefore reserves the right to launch modernizations and improvements of the Content without notice.

2.    Roger may limit or exclude access to the Content, either permanently or temporarily, or modify any parts of the Content, with or without prior notice. The User agrees to hold harmless Roger against the User or any third parties in respect of any modifications, suspension or terminating access to the Content.

8. TECHNICAL HELPDESK

1.    Roger provides free technical helpdesk service for the products offered by Roger (hereinafter referred to as the “Technical Support”) through an electronic request registration system (hereinafter referred to as Helpdesk) which is an integral component of the Content, based solely on these Terms of Use.

2.    A precondition for the availability of Technical Support and access to the Helpdesk by the User is to have a current account in the Content.

3.    Within the framework of Technical Support, each contact by the User, regardless of the communication channel (e-mail, phone, online remote support software or other), requires registration of the request (hereinafter referred to as the Ticket) in the Helpdesk. The track record of the Technical Support is registered under the Ticket. Each independent request notified by the User requires registration under a separate Ticket.

4.    The Ticket is closed upon:

a.)  answering the question;

b.)  providing information that solves the problem, or;

c.)  finding that the problem is unsolvable.

5.    In the event of questions and problems reported by the User that arise from lack of information about the products and services as well as the principles of installation and/or use of products offered by Roger, Roger reserves the right to deny Technical Support or make Technical Support conditional upon the participation of the User in specified training or workshops.

6.    Technical Support shall be granted with due diligence by experts on the basis of data and information received from the User.

7.    Technical Support is not covered by the manufacturer’s warranty for hardware and software.

8.    Roger shall not guarantee that Technical Support shall remove all errors and irregularities reported by the User.

9.    The User benefiting from the Technical Support shall keep confidential all confidential information, in particular technical, commercial, organizational and financial information relating to Roger. The User agrees to properly secure and store documents, files and any other data carriers containing confidential information referred to above.

10.    The User may not transfer the rights and obligations arising in connection with the availability of the Helpdesk to another entity without the consent of Roger.

11.    Roger processes personal data collected by way of Helpdesk question forms in accordance with its Privacy Policy published as part of the Content.

9. COOKIES POLICY

1.    The Content does not automatically collect any information, except for the information contained in "cookies". Cookie files (so-called "cookies") are IT data, in particular text files, which are stored on the User's end device and are intended for the use of the Content. Cookies usually contain the name of the Content they come from, their storage time on the end device and a unique number.

2.    The entity placing cookies on the end device of the Content User and gaining access to them is the owner of the Content — Roger Company with its registered office at 82-400 Sztum, Gościszewo 59.

3.    "Cookies" are used to ensure the proper functioning of the Content, for statistical purposes to collect anonymous statistics and to maintain the Content User's session after logging in.

4.    The User may at any time choose the method of handling "cookies" in the Internet zone by replacing the automatic handling of "cookies" with individual service (user settings). Detailed information in this regard is provided by the providers of programs for the operation of the Internet zone (browsers), usually in the "Internet options" or similar tab. However, if the User disables the option of accepting cookies in his browser, it may cause difficulties or even prevent the correct use of the Content.

5.    At the same time, Roger does not bear any responsibility for the use or handling of "cookies" on other websites available to Users thanks to the links placed in the Content.

10. MISCELLANEOUS

1.    Roger reserves the right to alter these Terms from time to time at its own discretion and to publish them at the www.roger.pl website. The User shall check these Terms for possible alterations from time to time. Continued use of the Content by the User after alterations of these Terms and their publication shall be tantamount to acceptance of these alterations.

2.    These Terms of Use shall be governed by the law of Poland, irrespective of the possible contradiction between the law in force in Poland and the place of residence or the registered office of the User. Any and all disputes that may arise out of and in connection with the User’s access to the Content shall be resolved before a court of law having jurisdiction over the location of Roger’s registered address and the subject matter of the dispute.

3.    The Parties (Roger and the User) explicitly declare their intention that these Terms and any additional terms and conditions connected therewith, and any related documents be executed in the Polish language.

4.    Should any provisions hereof prove invalid, such invalidity shall not affect the validity of the whole document.

5.    This document invalidates any previous versions and shall remain in force until the issue of the next version thereof.