Regulations for the provision of services

Terms and conditions

Regulations for the provision of services

General provisions
These Regulations (as defined in 2.1.12 below) define the rules of functioning and use by the Users (as defined in 2.1.17 below) of the services provided electronically by means of the Internet service available at https://gptbetting-tips.com/ (hereinafter referred to as the “Service”), run by the business activity under the name of Profit Hubert Majewski
The Regulations are the rules and regulations referred to in Article 8 Section 3 of the Act on Providing Services by Electronic Means of July 18, 2002. The Regulations are made available to the User for review in their current version in the “Regulations” tab of the Website. The User is provided with the possibility to read the Regulations, download them to his/her device and print them out.
Definitions
For the purposes of the Terms and Conditions, the following definitions are adopted:
Sports Analysis-one of the Products, being a digital content in the form of an analysis of the potential course of a match, game or other sporting event on the basis of previous appearances, predispositions or other variable characteristics of a given athlete or sports team, aimed at estimating and predicting the probability of the outcome or course of such event;
Contact Form-one of the Products, a form that allows you to contact the Service Provider, available on the Site under the “Contact Us” tab;
RODO Clause- an information clause in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 concerning the processing of the User’s personal data, located in the “RODO Clause” tab of the Service. Service;
Civil Code – the Civil Code Act of April 23, 1964, as further amended;
Account – one of the Products, marked with an individual e-mail address and password provided by the User, constituting a set of functionalities available on the Site and containing data provided by the User and information about his/her activities on the Site. An Account also allows the use of other Products available on the Site, provided that they require the prior creation of an Account;
Cookies – information recorded by the Service Provider’s servers on the Device, which the servers can read each time the User connects from that end device. Cookies are computer data, in particular text files, which are stored on the Device. Cookies usually contain the domain name of the website from which they originate, the time they are stored on the end device and a unique number. The rules and ways of using Cookies are described in the Privacy Policy;
Privacy Policy – the rules and regulations governing the handling of Users’ personal data and Cookies, located in the “Privacy Policy” tab of the Website;
Copyright – the Copyright and Related Rights Act of February 4, 1994, as further amended;
Products- other services provided as part of the Order, in particular Sports Analysis, Contact Form and Account, being the digital content made available to the User by the Service Provider based on the Order placed;
Terms and Conditions- these terms and conditions of the Service;
Subscription System- a special form of providing services related to Products, in particular Sports Analysis, consisting in making Products available for a specified period after the User has paid the price for a given period in advance;
Device – a device used to use the Service, such as a computer, laptop, tablet, smartphone or other multimedia device with Internet access, which allows the User to access e-mail and a web browser: Mozilla Firefox version 17.0 and above, Internet Explorer version 9.0 and above, Opera version 12.0 and above, Google Chrome version 23.0 and above, Safari version 5.0 and above.
Service Provider – the owner of the Profit Hubert Majewski Website e-mail address: gptbettingtips@gmail.com;
Consumer Rights Act – the Consumer Rights Act of May 30, 2014, as further amended;
User- a natural person with full legal capacity, a legal person, an organizational unit without legal personality, to which the law grants legal capacity and any other entity capable of performing valid and effective legal actions, which entity has an active Account on the Website
Order- the User’s declaration of will concerning the Product made in order to conclude a relevant agreement with the obligation to pay with the Service Provider. The Order is placed by the User on the Site after the presentation to the User of the terms and conditions of the Order, including the price and the means of using the Product, and means the placement of the Order by the User with the obligation to pay.
Whenever the Terms and Conditions refer to the Service Provider’s contacting the Users, it means establishing such a form of communication agreed to by the User, which allows the User to read the content communicated by the Service Provider, e.g. by sending an e-mail to the address indicated by the User or through Instant Messengers.
Provision of services
In order for the Service Provider to provide services through the Site, it is necessary to have an Account. Establishing an Account enables, among other things, the use of materials placed on the Website or functionalities that are marked as free of charge, as well as the ordering of Products. Establishment of an Account occurs upon acceptance of the Regulations and Privacy Policy. The Account service is provided for an indefinite period of time and takes place until the Account is deleted. By purchasing certain Products and functionalities, the User may undertake to use the Service Provider’s services for a certain period of time, in particular by concluding a contract for the sale of Sports Analytics in the Subscription System.
The User is entitled to use the Products to the extent indicated at the time of the Order and to the extent permitted by laws generally applicable in the territory of the Republic of Poland. By means of the Site, the Service Provider provides, among other things, the sale of services consisting in the performance of Sports Analysis.
The subject of the contract of sale of Sports Analysis is access to a given sports analysis package for a specified period of time in the Subscription System. The subject of the sales contract is not a ticket or the right to participate in a match, odds or event described in a given analysis.
The Service Provider does not conduct gambling activities, including, in particular, bookmaking or other activities related to accepting bets.
The Service is not a platform for placing bets.
The use of Sports Analytics or other Products for any activity, including, in particular, gambling activities and placing bets based on them is possible only outside the Site, without the participation or intermediation of the Service Provider and based on the User’s own decision.
The Service Provider shall make every effort to ensure that the content published on the Site and Products is reliable and helpful, however, the Service Provider shall not be held liable for the consequences of actions taken on the basis of such content. Products, in particular Sports Analysis, are only an estimation of the probability of the course or outcome of a given sports event, which are future and uncertain events.
Promotional and marketing materials posted on the Website and provided to the User inform about the Website’s offer and the possibility of purchasing specific Products. The full terms and conditions of the Order are presented when the User places the Order.
Registration and logging in
In order to use the Site and conclude a contract with the Service Provider, registration is required, which the User may do after reading and accepting the Regulations and Privacy Policy. The User is required to provide the data necessary to create an Account, that is, an e-mail address and a password.
The User may activate paid functionalities of the Service or purchase certain Products through it, in particular Sports Analysis in the Subscription System. The User is informed of all the costs of activating a given functionality of the Service at the latest before he is allowed to place an Order for a given Product.
The User undertakes to provide his correct data and to update it in case of any changes. Providing correct data is necessary for verification and activation of the Account. The Service Provider may at any time require the User to verify the entered data for its correctness and timeliness.
Any modifications and unified texts of regulations, price lists, terms and conditions of service, Privacy Policy or RODO Clause related to the Website will be made available to the User for review in the current version in the “Regulations” tab of the Website.
Rules of use of the Service
The Service Provider shall prevent the creation of a new Account for a User who has already used the Service for the sole purpose of obtaining a free access period or who is in arrears with payments to the Service Provider related to an Account previously held by the User.
The User may not:
share with other persons the data enabling them to log into the Account, except with the consent of the Service Provider,
use programs (bots) that generate queries to the Site – any such actions may be considered a DoS, DDoS or DNS spoofing attack,
carry out any actions that may hinder or destabilize the operation of the Site. Actions that may impede or destabilize the operation of the Service are considered attempts to interfere with or cut off access to Accounts of other Users (DoS, DDoS, DNS spoofing attacks), phishing (falsification of information identifying the User), pharming, introduction of malicious software into networks or computers, unauthorized scanning of networks or computers of other Users or the Service Provider, unauthorized monitoring of network traffic or other attempts to intercept information coming from or directed to other Users, unauthorized attempts to break the security of the Service or User Accounts, use of programs, scripts or commands that interfere with another User’s session, IP address hijacking, and sending, collecting, selling or distributing unwanted e-mail correspondence (spam).
For non-compliance with the Regulations, the User may be temporarily blocked from all or part of the functionality of the Site (the so-called “ban”), as well as the removal of content posted by the User that violates the Regulations or laws commonly applicable in the territory of the Republic of Poland, after the Service Provider informs the User of the violation of the Regulations and calls for immediate cessation of the violation.
The Service Provider may call on the User who violates the terms of use of the Site or the law to immediately cease these actions.
The Service may be used by means of a Device with Internet access with a bandwidth of at least 256 kbps.
The Service Provider undertakes to ensure the highest possible quality and stability of the Service.
Due to the continuous development of the Service, the Service and some of its functionalities may be temporarily or permanently unavailable on certain devices or operating systems, or operate incorrectly. The variety of device configurations and operating system settings means that the Service Provider cannot ensure the full operability of the Website and its functioning on all devices or configurations, but it does not exclude the possibility of proper use of the Website and its functionalities on devices other than those indicated in the Terms of Service. Therefore, the User should familiarize himself with the minimum hardware requirements of the Device in the Regulations, and if in doubt whether he has a suitable device – contact the Service Provider.
The Service Provider, for the safety of the User, recommends using the latest versions of Internet browsers and Communicators.
Use of free and paid functionalities of the Website
The User with an active Account may use all free functionalities of the Service, while the paid functionalities after placing an Order and paying the price. The use of some paid functionalities, in particular Sports Analytics in the Subscription System, may be associated with the need to pay in advance for these functionalities.
After placing an Order, the User will receive a return e-mail with a confirmation of the Order, which signifies its acceptance for execution by the Service Provider.
The Product may also be a subscription or time-based service – Subscription System. If a Product is selected in the Order in the Subscription System, the contract will cease to be valid after the end of the paid period.
Delivery of Products is made by granting the User access to the purchased content of the Service.
The Service provides gross prices (i.e. including all taxes applicable in the territory of the Republic of Poland) in polish zloty (EUR).
Payments for Orders may be made through payment systems. If a payment system is used, the User’s data may be processed by the entity operating this system to the extent related to the execution of payment. Payment may involve additional transaction costs incurred by the User, of which the Service Provider or payment operator is informed.
In the case of an Order in the Subscription System, the payment is charged in advance (at the time of commencement) or automatically before the expiration of a given service period. The User may give separate and explicit consent to the automatic renewal of the contract, and thus charge his/her means of payment in relation to a specific variant of the Service or all payments related to the Service. The User may modify his/her means of payment by changing the settings in the Account or in the designated place for a particular Product.
The Service Provider stipulates that in case of non-payment in advance for a Product in the Subscription System, the User will not have access to the content related to the Product, in particular new Sports Analytics developed after the occurrence of payment arrears on the part of the User.
The Service Provider may offer Users the opportunity to test the Product or certain functionalities of the Service free of charge for a trial period. Each User may use the trial period only once. The trial period may also be activated only once on a given Device The Service Provider shall have the right to compare any data provided by the User or related to the Devices with other data on the use of the trial period, in order to prevent abuses such as the repeated gaining of trial period entitlement by the same person or on the same Device.
Deletion of the Account entails loss of access to all free and paid functionalities of the Website, including Products, in particular Sports Analytics acquired by the User.
The Service Provider informs that linking certain means of payment or making payments may involve the acceptance of the terms and conditions of these payments developed by third parties (banks, payment intermediaries), while the content of these terms and conditions (fees, scope of personal data processing, etc.) is beyond the control of the Service Provider.
Complaints and warranty
In terms of complaints, the User who is a consumer may exercise the rights granted by the provisions of the Civil Code and the Consumer Rights Act, among others, under the warranty when the sold thing has a physical or legal defect.
Complaints can be filed, among others, through the Contact Form, by e-mail sent to gptbettingtips@gmail.com.
When filing a complaint, the User should provide the following data: name and surname, address, data allowing identification of the transaction (e.g. Order number, date of its submission), subject and reason for the complaint, contact data, specification of the complaint request.
The complaint will be considered within 30 days from the date of its receipt by the Service Provider (in the case of a contract of sale concluded by a consumer, the time for consideration of the complaint is 14 days). The User will be informed of the processing of the complaint in the same manner in which he/she submitted the complaint. If a complaint is submitted via the Contact Form, he will receive information at his e-mail address.
Warranty rights are excluded for Users placing Orders as entrepreneurs.
Conditions for withdrawal from the contract of sale by the consumer
In accordance with the Law on Consumer Rights, a User who is a consumer has the right to withdraw from the sales contract without giving any reason within 14 days from the date of purchase or until the completion of the order. To meet the deadline it is sufficient to send a statement of withdrawal before the deadline. The statement can be submitted, among other things, according to the model withdrawal form, attached as Appendix No. 2 to the Consumer Rights Act. The use of this form is optional. The Service Provider reminds that in certain situations defined by the generally applicable laws of the Republic of Poland, the consumer is not entitled to withdraw.
In the case of withdrawal from the contract of sale, the User who is a consumer shall be immediately refunded all payments received from him, in any case no later than 14 days from the day on which the Service Provider was informed of the exercise of the right of withdrawal from the contract of sale. Return of payments shall be made using the same method of payment, unless the User who is a consumer has agreed to a different method of return that does not involve any costs for him.
In the event of withdrawal from the contract, the User is released from all obligations subject to the exceptions provided for by the provisions of laws generally applicable in the territory of the Republic of Poland, in particular those arising from the Copyright Law.
If the User agrees to begin performance before the expiration of the withdrawal period, the User has the opportunity to obtain the Product, in particular the Sports Analysis, before the expiration of 14 days from the date of its provision, but then he/she loses the right to withdraw from the contract (of which he/she is informed before agreeing to performance before the expiration of the withdrawal period).
Termination of the contract for the provision of access to the Service
The User has the right to terminate the agreement for the provision of access to the Service at any time without giving any reason, unless he/she has agreed to start the provision on the date of its purchase by activating a certain
functionality of the Service, in particular, by concluding a contract for the sale of Sports Analysis, he undertook not to terminate the contract within a certain period of time. The Account will be deleted upon receipt of information from the User or at the end of the billing period for paid functionalities of the Service, previously paid for by the User. The User may express the will to remove the Account by informing the Service Provider, e.g. through the Contact Form or by e-mail sent to gptbettingtips@gmail.com.
The Service Provider has the right to terminate the agreement if the User grossly or persistently violates the provisions of the Terms of Service, despite the Service Provider’s request to cease violations and setting an appropriate deadline for the cessation of such violations. The Service Provider’s notice of termination shall be sent to the User’s e-mail address or delivered in any other way that allows the User to learn about it.
Personal Data Security and Privacy Policy
The processing of Users’ personal data is carried out with the voluntary consent of the User and on the basis of the Service Provider’s authority to process such data on the basis of laws generally applicable in the territory of the Republic of Poland.
Personal data shall be processed in accordance with the principles set forth in the Privacy Policy and universally applicable laws in the territory of the Republic of Poland.
The granting of consent for the processing of personal data is necessary for the performance of the contract for the provision of the Service and the placement and execution of Orders.
The Users’ personal data base is subject to legal protection.
The detailed scope and manner of processing of Users’ personal data and the Cookies policy can be found in the Privacy Policy and the RODO Clause.
Copyright
The User is obliged to use the Site in a manner consistent with the law and good morals, in particular, taking into account respect for personal rights and copyrights and intellectual property rights of both the Service Provider and third parties.
The User is not authorized to:
distribute, distribute and market, in whole or in fragments, the Products, including in particular Sports Analytics,
interfere with the content of the Products, including in particular Sports Analyses,
remove in the Products, including in particular Sports Analyses, the owner’s markings and technical protections.
The Website contains proprietary names and trademarks owned by the relevant entities. Their use is solely for the unambiguous identification of the Products and functionality.
The rights to the logotype and name of the Website belong to the Service Provider and are subject to legal protection. Their use for any purpose without the prior consent of the Service Provider (except where the User is entitled to use them under the laws generally applicable in the Republic of Poland) is prohibited.
The User agrees not to reproduce, copy or use information, data or other elements of the Service, whether free of charge or for a fee, owned or licensed by the Service Provider, in particular information and types from Sports Analytics.
The Service Provider owns the intellectual property rights to the content of the Products, including in particular Sports Analysis. Any use of these materials requires the prior consent of the Service Provider.
Final provisions
The Service Provider reserves the right to change the Terms and Conditions in order to take into account changes in legislation, functions offered through the Website, as well as to introduce new services, functionalities and Products on the Website, the Terms and Conditions may also be changed in order to protect the interests of the Users and to clarify issues or matters related to the Website, its functionalities, services and Products.
A change in the form and nature of the operation of the Service, such as a change in the graphic design of the Service and the addition of new functionalities to the Service, does not constitute an amendment to the Regulations, provided that such changes are not contrary to the provisions of the Regulations.
An amendment to the Regulations is published in the “Regulations” tab of the Service.
The amended Regulations are effective as of the date indicated therein. A User who does not agree to the new wording of the Terms and Conditions will be bound by the Terms and Conditions in the wording accepted so far, until the expiration of the related services or functionalities (e.g., until the termination of the Sports Analysis service in the Subscription System) or their termination.
The Regulations do not affect the consumer’s rights under the laws in force on the territory of the
Republic of Poland’s legal regulations. In the event of any conflict of laws, the provisions of the law universally in force on the territory of the Republic of Poland will be applied first.
If any of the provisions of these Terms and Conditions is found to be invalid or ineffective in the light of laws universally applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions shall prevail.
Poland, shall not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of such invalid provision, the rule closest to the purpose of the invalid provision and the entire Terms and Conditions will be applied.
The Terms and Conditions, Privacy Policy, RODO Clause, and regulations concerning particular functionalities or Products, price lists or terms and conditions of services are supplementary to the agreement or agreements concluded by the Service Provider and the User. To the extent not regulated by these documents, the generally applicable legal regulations in the territory of the Republic of Poland shall apply.
A User who is a consumer has the right to use out-of-court procedures for handling complaints and pursuing claims. The rules for using these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and the Office of Competition and Consumer Protection. A consumer has the right to turn to a permanent amicable consumer court operating at the Trade Inspection (in case of a dispute arising from a sales contract), to a provincial inspector of the Trade Inspection with a request to initiate mediation proceedings, to a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection, or to use the EU Online Disputes Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/.
Any disputes arising under the Terms and Conditions or sales contracts will be resolved first amicably by the Parties through negotiation or mediation, and in case of failure to reach an agreement – by a common court with jurisdiction over the Service Provider’s headquarters. The above provision does not apply to consumers.
Any, comments, opinions, information about violations of the Regulations can be directed through the Contact Form or to the email address gptbettingtips@gmail.com
Regulations in the above wording are effective as of June 1, 2023.