1. Regulations – these rules and regulations;
2. Publisher – Wyborcza spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Czerska 8/10 (00-732), entered in the register of businesses of the National Court Register (KRS) maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Business Department of the National Court Register, with the reference number KRS 0001053885, share capital of PLN 2,000,000.00, NIP (tax identification number) 5214033011, contact by e-mail: pomoc@wyborcza.pl, contact by telephone: (+48) 22 555 54 55;
3. Digital Content – data created and delivered in digital form, pursuant to these Regulations and the agreement for the delivery of digital content;
4. Digital Service – a service provided by the Publisher on the basis of these Regulations and the agreement for the provision of digital services, allowing for:
a) creating, processing, storing or accessing data in the digital format;
b) sharing data in the digital format which has been uploaded or created by the User or other users of this service;
c) other forms of interaction with the use of digital data;
5. Website(s) – any website under the wyborcza.pl domain, including a website under a sub-domain of the wyborcza.pl domain, or a website under the wyborcza.biz domain, wysokieobcasy.pl domain – in particular websites, web applications, mobile applications and digital files published by the Publisher; the websites, depending on their nature, may contain texts, photographic materials, audiovisual materials, multimedia materials, graphics and other content, including announcements and advertisements; content of the websites which is of an informative nature (including press materials within the meaning of the Act of 26 January 1984 – Press Law), of the announcement or advertisement nature is updated periodically or on an on-going basis;
6. Digital Subscription to Gazeta Wyborcza / Subscription – as a rule, a paid service provided by the Publisher electronically (within the meaning of the Act on Providing Services by Electronic Means) consisting in making available the content which is distributed on the Website(s) in Packages; to the extent that the service is provided to Consumers, such service constitutes a digital service within the meaning of Article 2(5a) of the Act on Consumer Rights;
7. User – a person using the Website;
8. Consumer – a natural person entering into a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity; the rights of the Consumer referred to in these Regulations also apply to a natural person concluding an agreement directly related to his/her business activity, when the content of the agreement shows that it is not of a professional nature for that person, as indicated in particular by the subject of his/her business activity, disclosed on the basis of the provisions on the Central Register and Information on Business Activity;
9. Package – the scope of the Subscription service and other benefits, if any, purchased together with the Subscription (e.g. access to the online Archive of Gazeta Wyborcza according to the rules specified in the appendix to these Regulations), selected by the User from the Publisher’s current commercial offer;
10. Subscription Period – the period for which the Subscription service will be provided under the respective Package;
11. Auto-renewable Subscription – a form of Subscription service provided at the User’s request for an indefinite period, automatically renewed for successive Subscription Periods within the scope of the Package selected by the User. The Auto-renewable Subscription service is only provided to Users who have chosen the payment method by card, Paypal or by adding the payment to the Telecom Operator’s bill;
12. MIX Subscription – a Subscription for a specific Subscription Period specified in the offer, which thereafter changes to an Auto-renewable Subscription (for an indefinite period) – for the subsequent periods indicated in the offer;
13. Account – functionality allowing access to services provided on the Websites;
14. Web Push Notifications – short messages that are displayed on the User's device (desktop and/or mobile), containing information about the content available on the Website and/or the status of the services provided to the User. Web Push Notifications are displayed in the User’s browser, even when the User is not browsing the Websites. Displaying Web Push Notifications requires the User’s consent, which can be revoked at any time;
15. User Account Regulations of the Wyborcza.pl Group Websites – a part of these Regulations, for convenience separated as an appendix, determining the rules of creating and using an Account;
16. Act on Providing Services by Electronic Means – Act of 18 July 2002 on providing services by electronic means;
17. Consumer Rights Act – Act of 30 May 2014 on consumer rights;
18. Content of a Terrorist Nature – materials the distribution of which is intended to spread the message of terrorist groups and their supporters, with the aim of radicalising and recruiting supporters, and facilitating and directing terrorist activity, including materials that incite, facilitate, applaud or support the commission of Terrorist Offences (the detailed definition of Content of a Terrorist Nature is provided in Article 2(7) of Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online);
19. Terrorist Offences – intentional acts which, by their nature or context, are likely to cause serious harm to a State or an international organisation (the detailed definition of Terrorist Offences is provided in Article 3 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA).
I. FUNCTIONS AND CONTENT OF WEBSITES
1. By means of the Websites, the Publisher distributes content, in particular of an information, entertainment or advertising nature, provides a Subscription service and, pursuant to the terms and conditions specified in these Regulations or as otherwise specified, may provide other services, including, for example (where such a function is available on the Website), may additionally enable the User to comment on specific content available on the Website or to provide Digital Content.
2. The Publisher may offer Users to display Web Push Notifications to them. Web Push Notifications will be displayed to Users who have given their consent.
II. PROHIBITION OF UNLAWFUL USE OF THE WEBSITES
1. The User is obliged to use the services and content available on the Website in a manner consistent with the applicable law, social norms and rules of order, and the provisions of these Regulations. The use by the User of the services and content available on the Website in violation of the generally applicable law may involve civil or criminal liability. At the request of competent state authorities, for the purposes of their investigations, the Publisher shall hand over the Users’ data held by it.
2. In particular, it is forbidden for Users to use the Websites, Digital Services or Digital Content to distribute online Content of a Terrorist Nature to the public. Content of a Terrorist Nature may be removed or access to it may be prevented as a result of a removal order issued by a competent authority of a European Union Member State.
3. The Publisher has established a point of contact within the meaning of Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online, in order to receive removal orders or their immediate transfer. The e-mail address of the contact point is specified on the Website.
4. The official language of the institutions of the European Union in which the contact point may be addressed and in which further exchange of information in connection with removal orders shall take place, is Polish.
III. TECHNICAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE AND SERVICES
1. The technical terms and conditions described in this section apply to all Websites and manners of use (including Subscription, other Digital Services or Digital Content), unless expressly stated otherwise in the terms of use of a particular Website, provision of Digital Services or Digital Content.
2. The use of the Services (compatibility) is possible on the condition that the ICT system and the User’s end device meet the minimum technical requirements set out in clauses 3 – 6 below.
3. When used via web browsing:
3.1. Browser: Firefox 56.0 or higher version, Chrome 64.0 or higher version, Chrome Mobile 64.0 or higher version, Microsoft Egde, Opera 51.0 or higher version, Safari 10.0 or higher version, WebKit Mobile 10.0 or higher version;
3.2. The User’s browser must not block the Publisher’s maintenance cookies.
4. For the Wyborcza application for end devices with iOS operating system: it is necessary to use an end device with an operating system no lower than iOS 13.0.
5. For the Wyborcza application for end devices with the Android operating system: it is necessary to use an end device with an operating system no lower than Android 5.0.
6. An Internet connection is required.
7. The Publisher shall endeavour to ensure that the use of the Websites and services is possible for users of all web browsers, operating systems, computer types and internet connection types which are popular at the time, whereas the web browser must also support JavaScript, and the Publisher’s service cookies must not be blocked. The Publisher recommends installing updates provided by browser and application providers. However, the Publisher does not guarantee the correct operation of the Websites, Digital Services and Digital Content, if the User’s computer equipment or software is different from that normally used to access the given type of digital content or digital services, or if it does not meet the minimum requirements set out in this section of the Regulations, or if the User uses software that interferes with the appearance of the Website, Digital Services or Digital Content provided by the Publisher. Among other things, as a result of the use of ad blocker software, the content provided by the Publisher may look differently or be partially not visible.
8. The minimum technical requirements set out in this paragraph are valid at the date the User enters into an agreement (e.g. upon ordering a Subscription). The Publisher may amend these minimum technical requirements:
8.1. if the amendment is necessary to bring the Digital Content or Digital Service into conformity with the agreement; or
8.2. subject to the conditions set out in clause 9 below.
9. Conditions for amendments to the minimum technical requirements that are not necessary for the Digital Content or Digital Service to be compliant with the agreement:
9.1. The Publisher may only make an amendment, if the proportion of Users who use the oldest versions of the software or hardware that meet the current minimum technical requirements, is less than 5%;
9.2. The implementation of the amendment must not entail any costs for the consumer;
9.3. The Publisher will inform the User of the amendment and its deadline;
9.4. If the User is a consumer and the amendment materially and adversely affects the User's access to or use of the Digital Content or Digital Service, the notification shall be made by email to the address provided when registering the Account and shall include information on the right to terminate the agreement without notice within 30 days of the amendment or the notification of the amendment, if the notification was made earlier than the amendment; the User may send a notice of termination by email to: pomoc@wyborcza.pl or may send it by post.
9.5. The right to termination referred to in clause 9.4 shall not apply to the consumer, if the Publisher has granted to the consumer the right to keep, at no additional cost, the Digital Content or Digital Service in conformity with the agreement in an unaltered state;
9.6. In the event of termination as referred to in clause 9.4, the Publisher shall refund to the User the price received under the agreement with that User for the Digital Content or Digital Service pro rata to the period between the date of termination and the date on which the paid-up period of use would expire. Reimbursement will be made immediately, but no later than 14 days after receipt of the notice. If, at the time of termination, the current period of use of the Digital Content or Digital Service has not yet been paid for, the User shall pay an amount reduced pro rata to the period between the date of termination and the date on which the current period of use of the Digital Content or Digital Service would expire.
IV. FAILURE TO PROVIDE DIGITAL SERVICES OR DIGITAL CONTENT
1. If the Publisher has not, contrary to the agreement, provided the Subscription or other Digital Services or Digital Content to the User who is a Consumer:
1.1. The User shall call upon the Publisher to deliver them, indicating that the reason for the call is the failure to deliver the content of the Digital Subscription of Wyborcza or other Digital Services or Digital Content which is made available under the agreement. The request should be addressed to: pomoc@wyborcza.pl;
1.2. The Publisher shall deliver the Subscription, other Digital Service or Digital Content immediately upon receipt of the request;
1.3. If the Publisher fails to deliver the Subscription, other Digital Service or other Digital Content immediately upon receipt of the request or within a period expressly agreed with the User who is a Consumer, the Consumer shall have the right to withdraw from the agreement. In order to withdraw from the agreement, the User should send an email to: pomoc@wyborcza.pl and include in the message a notice of withdrawal due to non-delivery of the Digital Service or Digital Content and indicate the agreement from which the Consumer is withdrawing.
2. The User who is a Consumer may withdraw from the agreement without requesting delivery of the Subscription, other Digital Service or Digital Content if:
a) it is clear from the Publisher’s statement or circumstances that the Publisher will not provide the Subscription, other Digital Service or Digital Content
or
b) the User and the Publisher have agreed, or it is clear from the circumstances of the agreement, that a specific date for the delivery of the Subscription, other Digital Service or Digital Content was of vital importance to the User and the Publisher has failed to deliver it by that date.
V. COMPLAINTS, REIMBURSEMENT OF PAYMENTS
1. All complaints, including those relating to the use of Packages, purchase, payment, etc., should be submitted in writing to: Wyborcza sp. z o. o., ul. Czerska 8/10 (00-732) Warszawa (with an annotation: "Wyborcza.pl") or by e-mail to pomoc@wyborcza.pl
2. Complaints shall be handled within 14 days of receipt. The response to the complaint shall be sent to the e-mail address indicated by the User, or in the case of a complaint made by post, to the postal address indicated by the User.
3. Apart from the procedure indicated in clauses 1 and 2 above, the Publisher does not provide for out-of-court means of handling complaints and claims.
4. Failure to lodge a complaint or the Publisher’s failure to accept a complaint shall not exclude the User’s right to claim damages at court.
5. Whenever the Publisher is obliged to refund all or part of the amount paid to it by the User, the refund shall be made by using the same method of payment as applied by the User, unless the User has expressly agreed to a different method of refund that does not involve any costs for the User.
VI. RULES OF THE PUBLISHER’S LIABILITY FOR THE COMPLIANCE WITH THE AGREEMENT ON THE SUBSCRIPTION, OTHER DIGITAL SERVICES AND DIGITAL CONTENT
1. The Publisher shall be liable for any non-conformity of the Digital Service or Digital Content provided on a continuous basis that has occurred or become apparent at the time they were supposed to be provided under the respective agreement. A lack of conformity with the agreement is presumed to have occurred at a given time, if it became apparent at that time. In particular, Subscription is a Digital Service provided on a continuous basis.
2. The Publisher shall be liable for any inconsistency of Digital Content or Digital Service delivered other than on a continuous basis that existed at the time of delivery or became apparent within two years of that time. Any non-conformity of the Digital Content or Digital Service with the agreement that becomes apparent within one year from the time of delivery of the Digital Content or Digital Service shall be presumed to have existed at the time of delivery.
3. The User shall be obliged to cooperate with the Publisher, to a reasonable extent and using the least onerous technical means, to determine whether the non-compliance of the Subscription, other Digital Service or Digital Content with the agreement at a respective time was due to the characteristics of the User’s digital environment.
4. The presumptions referred to in clauses 1 and 2 shall not apply if:
5. The Publisher shall inform the User being a Consumer about any updates (including security features) necessary to make the Subscription, other Digital Service or Digital Content compliant with the agreement and to provide them over the time:
6. If a User who is a Consumer fails to install the updates provided in accordance with clause 5 within a reasonable time, the Publisher shall not be liable for the incompatibility of the Subscription, other Digital Service or Digital Content resulting solely from the lack of the updates, if:
and
7. Updates to the Publisher’s applications downloaded by Users from mobile platform shops that do not belong to the Publisher (e.g. Google Play, App Store) are provided on these websites, whereas if their installation by Users is necessary for the correct functioning of the Digital Services or Digital Content, such information is presented together with the application. Information about updates and the need to install them is also provided on https://wyborcza.pl/multimedia/aplikacja/index.html.
VII. RIGHTS OF A USER WHO IS A CONSUMER RESULTING FROM THE PUBLISHER’S LIABILITY REFERRED TO IN SECTION VI
1. If the Subscription, other Digital Service or Digital Content is not in conformity with the agreement, the User who is a Consumer may demand that it be brought into conformity with the agreement.
2. The Publisher may refuse to bring the Subscription, other Digital Service or Digital Content into conformity with the agreement, if it is impossible or would require excessive costs for the Publisher.
3. The Publisher shall, subject to the provisions of clause 2 above, at its own expense, bring the Subscription, other Digital Service or Digital Content into conformity with the agreement within a reasonable time from the time it is informed by the User of the non-conformity with the agreement and without undue inconvenience to the User – taking into account their nature and the purpose for which they are used.
4. If the Subscription, other Digital Service or Digital Content is not in conformity with the agreement, the User may send to the email address: pomoc@wyborcza.pl a declaration on the reduction of the price or withdrawal from the agreement due to their non-conformity with it, when:
5. The User may not withdraw from the agreement if the Subscription, other Digital Service or Digital Content is provided in exchange for the payment of a price and the non-conformity is immaterial. Non-conformity is presumed to be material.
6. The proportion of the reduced price to the agreement’s price must be equal to the proportion of the value of the Subscription, other Digital Service or Digital Content which do not conform with the agreement to the value of the Digital Service, Digital Content or Digital Service which conform with the agreement. If the agreement stipulates that the Digital Service or Digital Content is provided in parts or on a continuous basis, the price reduction shall take into account the time during which the Digital Service or Digital Content was not in conformity with the agreement.
7. The Publisher shall, without delay, but no later than within 14 days of the date of the declaration of withdrawal from the agreement or of the price reduction, refund to the User who is a Consumer the price paid (or, as the case may be, the part thereof resulting from the reduction), whereby the Publisher shall only be obliged to refund the price for the part corresponding to the Subscription, other Digital Service or Digital Content:
VII. THE RIGHTS OF A USER WHO IS AN INDIVIDUAL CONDUCTING BUSINESS ACTIVITY
The Consumer rights referred to in these Regulations also apply to a natural person concluding an agreement directly related to his/her business activity, when the content of the agreement shows that it is not of a professional nature for that person, as indicated in particular by the subject of his/her business activity, disclosed on the basis of the provisions on the Central Register and Information on Business Activity;
1. TERMS OF SERVICE
1. The Subscription service is generally provided in exchange for payment.
2. As part of the Subscription service, the User is granted access to the content distributed on the Website within the Package for the Subscription Period or, if the User opts for an Auto-renewable Subscription, for consecutive Subscription Periods.
3. The User is entitled to use the Subscription on up to 5 (five) different devices with Internet access. Under the provisions of the Act on Copyright and Related Rights of 4 February 1994, sharing the Subscription with third parties beyond the limits of permitted use requires separate consent of the Publisher.
4. The availability of the Subscription is unlimited territorially.
5. The Subscription Service is only provided to Users who:
II. PACKAGES PURCHASED ON THE WEBSITE
1. To purchase a Package on the Website, the User must place an order on the Website (by clicking the "Order and pay" ("Zamawiam i płacę") icon) and pay the price indicated on the Website. The User making the purchase should be at least 16 years old.
2. The User who has purchased the Package chooses a payment method from those indicated on the Website, i.e.: payment by Visa, Visa Electron, Maestro, MasterCard Electronic or MasterCard, payment by Paypal, online transfer, Blik system or by adding the price to the Telecom Operator’s account – available and supported to the extent indicated in point 2.1 below.
The User should place a payment instruction within 14 days of submitting the order. If the User does not make payment within this period, the order is cancelled and the agreement for the purchase of the Package expires.
2.1. Payment charged to the Telecom Operator’s bill:
2.1.1 The payment by adding the price to the Telecom Operator’s bill may be used as a payment method by Users who are subscribers of the networks indicated on the Website under the postpaid billing system and who accept the payment terms and conditions contained in the documents of the operator of the relevant network ("Telecom Operator") made available prior to ordering the Subscription.
2.1.2 The method of payment to the Telecom Operator’s bill only applies to Auto-renewable Subscriptions made available for monthly or shorter Subscription Periods.
2.1.3 Charging the payment to the Telecom Operator’s bill is only available if such payment method is clearly indicated next to the offer of the respective Package.
2.1.4 The Subscription agreement concluded with the method of payment by charging the price to the Telecom Operator’s bill shall terminate in the event of:
2.1.5. Where the Telecom Operator is informed that payment from the User in question will not be made, the agreement shall terminate on the last day of the Subscription Period for which payment was charged to the User’s account.
2.1.6. In the event that the Publisher ceases to cooperate with the Telecom Operator concerned with regard to charging amounts due for the Subscription to the Telecom Operator’s account, the Subscription agreement shall terminate upon expiry of the last Subscription Period for which payment was charged to the User’s account. The Publisher shall immediately inform Users if it ceases to cooperate with the Telecom Operator concerned.
3. The Package purchased on the Website shall be made available to the User after 14 days from the date of the order (i.e. after the expiry of the withdrawal period), subject to payment of the price, taking into account the provisions of clause 2.1. and subsequent sub-clauses up to this clause. At the User’s request, the Package shall be made available to the User before the lapse of 14 days – upon receipt by the Publisher of a confirmation of payment (confirmation of payment is transmitted to the Publisher via the respective Telecom Operator, generally no later than 15 minutes after the payment is completed), and in the case of a payment charged to the Operator’s account, upon receipt of confirmation from the Telecom Operator. The User who is an individual and to whom the Package was made available at his/her request before the expiry of the 14-day withdrawal period shall not lose his/her right of withdrawal, but in the event of withdrawal, the amount to be refunded shall be reduced in proportion to the period of use of the Package.
4. After the order is placed and before the provision of the service begins, the Publisher shall confirm acceptance of the order for processing by email sent to the address provided by the User (which is the Account ID).
5. The Subscription Service, in the form of an Auto-renewable Subscription, is only provided for the payments made by credit card, Paypal or by adding the amount to the bill of the Telecom Operator. If the User opts for an Auto-renewable Subscription (recurring payment), he/she agrees that the Publisher may charge the price for subsequent Subscription Periods in the amount indicated in the order placed, either to his/her payment card, via Paypal or by charging the Telecom Operator’s account.
5.1 Payment for subsequent Subscription Periods under Auto-renewable Subscription shall be made by collecting the price for the subsequent Subscription Period by the Publisher or by charging the Telecom Operator’s bill.
5.1.1. In the case of payment by credit card or Paypal, the price for the subsequent Subscription Period is charged no earlier than 48h and no later than 24h before the start of the subsequent Subscription Period, and in the event of unsuccessful payment – the use of the Subscription shall be suspended and the Publisher may retry the collection (up to two times) up to five days after the end of the paid Subscription Period (the User also has the option of paying for the next Subscription Period himself/herself). Subscriptions shall be made available for the next Subscription Period once the Publisher receives confirmation of payment. If payment is unsuccessful by the indicated date, the Subscription shall not be made available for the next Subscription Period.
5.1.2. Rules for charging the price for subsequent Subscription Periods by adding it to the Telecom Operator’s bill:
5.1.2.1. No sooner than 48h and no later than 12h before the expiry of the current Subscription Period, the Publisher shall confirm with the Telecom Operator the fulfilment of the conditions for adding the price to the next bill to be issued by the Telecom Operator;
5.1.2.2. Once the Telecom Operator confirms that the conditions for allowing the price to be added to the bill are met, the Publisher shall instruct the Telecom Operator to add the price to the next bill issued by the Telecom Operator and the price shall be added to the next bill issued by the Telecom Operator.
5.2 Withdrawal from the Auto-renewal option by the User:
The User can opt out of the auto-renewal at any time:
a) by opting out of auto-renewal on the User Account, no later than 48h before the start of the next Subscription Period;
b) by sending a respective request to the e-mail address: pomoc@wyborcza.pl no later than 48 hours before the start of the next Subscription Period.
5.3. Termination of the agreement by the Publisher:
The Publisher may terminate the Auto-renewable Subscription agreement, if it ceases to provide the general public with the Package in question. However, the Publisher may not terminate the agreement during the first 8 weeks of the Subscription being used by the User. The termination notice shall be sent to the e-mail address provided by the User. As a result of termination by the Publisher, the Subscription shall expire at the end of the full Subscription Period paid for by the User.
6. Price increase:
6.1. The Publisher may increase the price charged to the User for the Auto-renewable Subscription Period only if the average wage in the quarter preceding the notification of the increase to the User (as announced by the President of the Central Statistical Office (GUS) pursuant to the regulations on pensions from the Social Security Fund) is at least 5% higher than the average remuneration in the quarter from which the current price has been applicable to the User (i.e. in the quarter in which the User ordered the Subscription, and if the price for the User was later increased – in the quarter from which the increase has been applicable), but the increase cannot be greater than the increase of such average wage.
6.2. The price change shall have effect from the second Subscription Period following the date on which the price change was first notified – subject to the provisions of clauses 6.5 and 6.6.
Example:
The paid up Subscription Period runs from 1 May to 28 May. The User is informed of the price change for the first time on 15 May. The current price will therefore continue to apply for the next Subscription Period beginning on 29 May. The new price will take effect for the Subscription Period beginning after the end of this period.
6.3 The User shall be informed of the price change at least twice at the e-mail address provided by the User.
6.4. A User who does not agree to a price change may, before the start of the first Subscription Period with the changed price and in compliance with the deadlines indicated in clause 5.2, resign from the Subscription by opting out of auto-renewal in the Account settings or by resignation sent to the e-mail address: pomoc.wyborcza.pl.
6.5. The price change may apply to the third Subscription Period at the earliest and, if the Subscription Period is longer than 3 months, to the second Subscription Period at the earliest – subject to the provisions of clause 6.6.
6.6. In the case of Auto-renewable Subscriptions with a price that changes (increases) in successive Subscription Periods, the price change may apply at the earliest to the Subscription Period following the second period with the highest price, within the respective order.
Example (1):
The User took advantage of an offer with a price of PLN 1 for the first period and PLN 50 for the second and subsequent periods. The price change can only apply to the fourth Subscription Period.
Example (2):
The User took advantage of an offer with a price of PLN 1 for the first period, PLN 5 for the second and third period, and PLN 6 for the fourth and subsequent periods. The price change can only apply to the fourth Subscription Period.
7. The Digital Subscription service of Gazeta Wyborcza in the form of MIX Subscription is provided only for payments made by card or Paypal. If the User opts for the MIX Subscription, he/she agrees that the Publisher may charge the price for subsequent Subscription Periods in the amount indicated in the order placed, either to the User’s payment card or via Paypal.
7.1. The User may unsubscribe from the auto-renewal of the MIX Subscription at any time in accordance with §3, section II, clause 5.2 of the Regulations.
7.2. A change in the price of a MIX Subscription can only take place once the subscription is converted into an Auto-renewable Subscription and only under the same rules as for Auto-renewable Subscriptions, i.e. as indicated in §3, section II, clause 6 of the Regulations.
II A. CHANGING THE PACKAGE TO A HIGHER/LOWER VERSION
1. Upgrade to a higher package without placing a new order
1.1. In the case of Packages comprising an Auto-renewable Subscription (or MIX Subscription) with payment by card or PayPal, it is possible to upgrade the Package to a higher version during the Subscription Period without having to place a new order.
1.2. In order to upgrade to a higher Package without placing a new order, the User should select a new Package on the dedicated offer webpage and accept the terms and conditions.
1.3. As a result of the change, the Subscription Period of the existing Package will be shortened and the new Package will be activated immediately after the User communicates the change on the dedicated offer webpage.
1.4. The Subscription Period of the existing Package will be shortened in proportion to the standard price of the new Package, which can be used immediately, and the price for the new Package will be charged from the end of this shortened Subscription Period. The standard price is the price excluding promotional terms (if applicable to the new Package). If the price for a given Package is lower in the initial Subscription Period (or several Subscription Periods), the standard price is the price stipulated after that Subscription Period (or several Subscription Periods).
Example:
You have a Basic Package (you have paid for this Package PLN 19.90) , with the current Subscription Period running from 1/02 to 28/02.
You decide to upgrade to a higher package – Premium Package (its standard price is PLN 29.90).
You have 8 days left of your paid up Basic Package worth PLN 5.6 (8 days * PLN 0.7).
As the Premium Package is activated at the time of your decision to change the Package, the remaining amount of PLN 5.6 will be converted into the number of days with the Premium Package – 6 days (PLN 5.6 : PLN 1.07 = 5.23 days – we always round up the number of days in your favour), thus shortening the current Subscription Period by 2 days.
Remember that we collect payment 48h before the start of the next Subscription Period.
If you are upgrading to a Package that is subject to a promotional price, it will be taken into account after the end of the current Subscription Period. If you upgrade to a Package with a lower price in the initial Subscription Period (or several Subscription Periods), the first Subscription Period with this lower price shall start after the end of the current Subscription Period.
1.5. The User may withdraw from the upgrade within 14 days without giving reasons. To withdraw, an e-mail should be sent to: pomoc@wyborcza.pl. The form presented below can be used, but it is not obligatory. The intention to resign expressed by the User is sufficient. In the event of cancellation, the higher Package will be deactivated and the User will regain access to the previous Package. The Publisher shall inform the User of the amount of the refund or surcharge, if any, in connection with the withdrawal – in proportion to the time of use of the higher Package. Reimbursement shall be made in the same way as the payment, within 14 days of the cancellation, and in the event of any surcharge, the Publisher will request payment.
WITHDRAWAL FORM FOR PACKAGE UPGRADE
To:
Wyborcza sp. z o. o.
ul. Czerska 8/10, 00-732 Warszawa
e-mail address: pomoc@wyborcza.pl
Subject – Upgrade to a higher package of ........................
I am resigning from the upgrade to a higher Package.
2. Change to a lower package without placing a new order
2.1. In the case of Packages comprising an Auto-renewable Subscription (or MIX Subscription) with payment made by card or PayPal, it is possible to change the Package to a lower version during the Subscription Period without having to place a new order.
2.2. In order to change to a lower Package without the need to place a new order, the User should select a new Package on the dedicated offer page and accept the terms and conditions. The new Package will be activated after the end of the Subscription Period of the existing Package; the price for the new Package will be charged for the next Subscription Period.
2.3. The User may withdraw from the change of the Package to a lower version within 14 days from the change without giving reasons. To withdraw, an e-mail should be sent to: pomoc@wyborcza.pl. The form presented below can be used, but it is not obligatory. The intention to resign expressed by the User is sufficient.
2.3.1. If the User withdraws before the end of the existing Subscription Period, he/she will be charged the existing price in the next billing period and will receive access to his/her existing Package.
2.3.2. In the event of cancellation after the existing Subscription Period, we will reactivate the existing (higher) Package upon receipt of the cancellation notice and the Publisher will request payment of an additional fee, if any, proportional to the time the higher Package was used after the cancellation.
To:
Wyborcza sp. z o. o.
ul. Czerska 8/10, 00-732 Warszawa,
e-mail address: pomoc@wyborcza.pl
Subject – Change to a lower Package of ........................
I am resigning from the change to a lower Package.
............................... (full name)
Additional explanation:
A You can change the Package during the Subscription (not just auto-renewable) by placing a new order and paying immediately after placing the order. If you have a Package purchased from the Website and buy a new one also from the Website:
1) By upgrading to a higher Package in this way, you will get access to it immediately (provided you want to use the service before the end of the withdrawal period), and you will be able to utilize the unused period from the existing Package after you have finished using the higher Package.
2) When you change to a lower Package in this way, access to the new Package will be activated at the end of the Subscription Period for the existing Package.
3) If you have an Auto-renewable Subscription (or MIX Subscription) and buy a one-off or if you have a one-off Subscription and buy an Auto-renewable Subscription (or MIX Subscription), both Packages shall be active at the same time.
B If you have a Package purchased in the app (AppStore or GooglePlay) and then purchase any Package on the Website, all Packages shall remain active.
C If you have a Package purchased on the Website and then purchase any Package on the application (AppStore or GooglePlay), all Packages shall remain active at the same time.
III. RULES FOR MAKING PACKAGES AVAILABLE OTHER THAN THROUGH PURCHASE ON THE WEBSITE
Access to Subscriptions may be provided on the basis of an agreement concluded otherwise than through the purchase of Packages on the Website. The Regulations, excluding the provisions of Section II of this paragraph, shall apply to such agreements, unless the specific provisions of such agreements provide otherwise.
IV. RIGHT OF WITHDRAWAL WITHOUT A SPECIFIC REASON
Consumers have the right to withdraw from the agreement without a specific reason.
1. Within 14 days from the conclusion of the agreement (i.e. also from the date of the order) for a given Package, the User may withdraw from the agreement – without stating a reason. The withdrawal period expires 14 days after the conclusion of the agreement.
2. In order to exercise the right of withdrawal, the User must inform the Publisher of his/her decision to withdraw from the agreement by an express statement. The statement of withdrawal should be sent to the e-mail address pomoc@wyborcza.pl or to the postal address (Wyborcza sp. z o. o., ul. Czerska 8/10; 00-732). The statement of withdrawal can be made on the form attached as Appendix 1 to the Regulations, but it is not obligatory. To observe the withdrawal period, it is sufficient to send a communication concerning the exercise of the right of withdrawal to one of the addresses indicated above, before the expiry of the withdrawal period.
3. Subject to clause 4 below, in the event of withdrawal, the price paid for the Package shall be refunded to the User immediately and no later than within 14 days of the date on which the Publisher was informed of the User’s decision to withdraw.
4. If the Package was made available to the User at the User’s request before the expiry of the 14-day withdrawal period, the amount paid by the User shall be refunded to the User in proportion to the period of use of the Package.
1. Notwithstanding the delivery of the content of the Websites under Subscription, Package or similar agreements, the Publisher may permanently or temporarily distribute the content of the Websites selected by the Publisher (including the entire Website, a part of it or individual materials) in such a way that Users may view it free of charge.
2. With regard to the content of the digital daily Wyborcza.pl:
2.1. Subject to the provisions of clauses 2.2 and 2.3, each User shall receive access to at least 1 article per month free of charge (this number may be higher, as some articles are not included in the limit, and moreover the Publisher may increase the limit). Some articles are only available to Users who have a Package;
2.2. Some devices do not allow the limit to be calculated without prior registration with the Service. In this case, the User will be asked to create an Account on the Website.
2.3. The Publisher may organise promotions that increase the limit of articles available free of charge to Users who take part in the promotion or allow other free access to selected content;
2.4. In addition, the Publisher may make excerpts or abridged versions of articles, the full versions of which are available as part of the Package, available to Users who do not have a Package.
1. The data controller of the personal data processed in connection with the use of the Websites, including the purchase and use of the Package, is Wyborcza sp. z o. o. with its registered office in Warsaw, ul. Czerska 8/10( 00-732).
2. If the Package includes benefits provided by other entities, other entities may be the controllers of personal data to the extent they provide these benefits – information about the rules for processing personal data in such cases is provided to the User in the rules for the provision of these benefits.
3. In any matter concerning your personal data, you can contact our personal data protection inspector (Aleksandra Czarnecka) at iod@wyborcza.pl or in writing to Wyborcza sp. z o.o., ul. Czerska 8/10 (00-732) – please add an annotation "IOD".
4. The personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 7 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.
5. More information about the processing of your personal data can be found in our Privacy Policy and Transparency Policy.
1. The Publisher informs that it applies the Code of Good Practice for Newspaper Publishers available at www.iwp.pl/blog/2018/08/09/kodeks-dobrych-praktyk-wydawcow-prasy-dokumenty/.
2. If any rights of the User which are not described in these Regulations (or in the rules for providing individual Digital Services or Digital Content contained in other documents) result from legal regulations, inter alia from the Act on Consumer Rights, the fact that they are not mentioned in the aforesaid documents shall not affect the User’s ability to exercise such rights.
3. The Publisher may amend the Regulations. However, except as set out in clause 4 below, if the User has entered into an agreement with the Publisher (e.g. ordered a Subscription) prior to the implementation of the amendments, the amendments shall not apply to that agreement unless the following conditions are met:
3.1. Amendments may only be made due to the need to take into account obligations of the Publisher imposed by law or a decision of a court or other competent authority, or for other justified reasons expressly stated in the agreement;
3.2. In the event of the amendments referred to in clause 3.1 above, the Publisher shall notify the User of the amendments by e-mail to the address provided by the User for the operation of the Account, presenting the amended content of the Regulations. The notice will state that within 30 days of the amendments being made (or if the User received notice of the amendments after the amendments had been made, within 30 days of receiving the notice) the User may terminate the agreement with immediate effect. The notice of termination must be sent by e-mail to the Publisher’s address: pomoc@wyborcza.pl.
3.3. In the event of the termination referred to in clause 3.2 above, until the termination, the Publisher and the User shall be bound by the Regulations in the version without the amendments.
3.4. In the event of termination referred to in clause 3.2, the Publisher shall refund to the User the price received under the agreement with that User for the Digital Content or Digital Service in proportion to the period between the date of the termination and the date on which the paid-up period of delivery of the Digital Content or Digital Service would expire. Reimbursement shall be made immediately, but no later than 14 days after receipt of the notice of termination. If, at the time of termination, the current period of delivery of the Digital Content or Digital Service has not yet been paid for, the User shall pay an amount reduced in proportion to the period between the date of the termination and the date on which the current period of use of the Digital Content or Digital Service would expire.
For the avoidance of doubt:
The possibility of making amendments that are necessary to take into account obligations imposed by law, court decision or other competent authority means that the Publisher may only make such amendments to the extent necessary to take these obligations into account;
The possibility of making amendments for other legitimate reasons expressly stated in the agreement means that the Publisher may only make such amendments to the extent indicated in the agreement and justified by the stated reason;
The reasons expressly stated in the agreement are understood to be those expressly stated in these Regulations as well as those expressly stated in other terms and conditions accepted by the User (terms of individual services, orders, etc.);
If the User does not terminate the agreement, the amendments to the Regulations shall become applicable to the User from the day following the expiry of the period allowed for termination;
In the case of an Auto-renewable Subscription, the User, notwithstanding the possibility of termination in accordance with clauses 3.1 – 3.4 above, has the right to resign from the auto-renewal (§3, section II, clause 5.2).
4. Clauses 3.1 – 3.4 above shall not apply to:
4.1. Amendments to the Regulations that do not obviously affect the rights and obligations of the User who concluded an agreement prior to such amendments being made (such as amendments to the Publisher’s data, mailing addresses or the introduction of regulations that do not apply to the Digital Services and Digital Content provided to the User under the aforesaid agreement). The Publisher shall announce such amendments on its Websites;
4.2. Amendments to the minimum technical requirements that may be made under the rules set out in §2, section III of the Regulations, pursuant to Articles 43p and 43q of the Consumer Rights Act.
5. The Regulations shall be made available via the Website in a form that allows them to be downloaded, saved and printed. The Regulations shall also be sent to the User who has placed an order for a Digital Service or Digital Content – together with a confirmation of the order placed. Hardcopy Regulations are available at the registered office of the Publisher (ul. Czerska 8/10, 00-732 Warszawa). Upon User's request, the Regulations shall be sent to the User to the e-mail address provided.
6. The following appendices constitute an integral part of the Regulations (i.e. are binding in the same way as all the above provisions):
Appendix # 1 – Template of the withdrawal statement;
Appendix # 2 – User Account Regulations of the Wyborcza.pl Group Websites
Appendix # 3 – Rules for making available the Gazeta Wyborcza online Archive.
These Regulations shall come into effect as of 1 April 2024.
NOTE: If you entered into a Subscription agreement before 1 April 2024:
and you have agreed to the change of your service provider, as of 1 April 2024 your provider is Wyborcza sp. z o.o. (instead of Agora S.A. with its registered office in Warsaw), but we and you are bound not by these Regulations, but by the Regulations of the Wyborcza.pl Group Websites as at the date of conclusion of this agreement (you have received the respective text upon conclusion of the agreement and it will be provided to you again upon your request).
and you have not agreed to the change of your service provider, Agora S.A. with its registered office in Warsaw remains your service provider, and the service provider and you are not bound by these Regulations, but by the Regulations of the Wyborcza.pl Group Websites as at the date of conclusion of this agreement (you have received the respective text upon conclusion of the agreement and it will be provided to you again upon your request).
APPENDIX # 1 – TEMPLATE OF THE WITHDRAWAL STATEMENT
To: Wyborcza sp. z o.o., ul. Czerska 8/10, 00-732 Warszawa, e-mail address: pomoc@wyborcza.pl
I/We hereby give notice of my/our withdrawal from the agreement for the provision of the Digital Subscription Service of Gazeta Wyborcza
Order date.................
Full name.................
Address.................. .................
APPENDIX # 2 – User Account Regulations of the Wyborcza.pl Group Websites
I. DEFINITIONS
Whenever the following terms and definitions are used in these Account Regulations, they shall be understood as follows:
1. Account Regulations – these regulations;
2. Website Regulations – the Regulations of the Wyborcza.pl Group Websites, to which these Account Regulations are attached as an appendix;
3. Account – functionality allowing access to services provided electronically as part of the Websites;
4. "Nick" – the unique name of the Account, chosen by the User on the Website.
Other capitalized terms are defined in the Websites Regulations.
II. GENERAL PROVISIONS
1. The Account is provided by the Publisher free of charge.
2. A person over the age of 16 may become an Account User. A person under the age of 16 may become an Account User with the consent of his/her parents/parents or legal guardian(s) – in such case, the User or parent/guardian shall send the consent to the Publisher by e-mail to pomoc@wyborcza.pl or in writing to the Publisher’s address (Wyborcza sp. z o.o., ul. Czerska 8/10, 00-732 Warszawa).
3. The user obtains the possibility to use the Account:
a) automatically upon confirmation by the User of the activation link sent by the Publisher to the User’s e-mail address; the activation link shall be sent by the Publisher immediately after the User sends the registration form available on the Website; or
b) when the User first logs in, provided that prior to logging in the User expresses the consent for the Publisher to collect his/her personal data specified by Facebook or Google, in the case of a User with a Facebook.com or Google account; or
c) upon the first logging in with the Gazeta.pl account.
4. Notifications regarding the use of the Account and the services or content available on the Website shall be sent to the email address which is the Account ID provided by the User in the registration form or retrieved from Google or Facebook or Gazeta.pl websites.
5. The Account may only be used by Users whose digital environment meets the minimum technical requirements set out in the Websites Regulations.
6. As part of the Account, the Publisher shall provide the User with the possibility of viewing the purchase history.
III. DELETING THE ACCOUNT
1. The User can delete the Account at any time. However, if the User uses services or functionalities of the Websites, the use of which, according to their regulations or rules, requires an Account, then the deletion of the Account by the User will prevent him/her from further use of these services or functionalities.
2. The Publisher may delete the User’s Account with 1 month’s notice:
a) in the event that the Publisher decides to discontinue making the Account available to all Users,
b) if the User has not logged into the Account for a period of at least 12 months. However, the Publisher may not delete the Account without the User’s consent if, on the basis of an agreement with the User, the Publisher provides the User with services for which it is necessary to have an Account.
IV. FINAL PROVISIONS
1. To the extent not regulated in the Account Regulations, the provisions of the Websites Regulations shall apply.
2. These Regulations are made available on the Website together with the Websites Regulations.
APPENDIX # 3 – Rules for providing access to the Gazeta Wyborcza online Archive
1. Definitions:
- "Rules" – these "Rules for providing access to the Internet Archive of Gazeta Wyborcza";
- "Websites Regulations" – the Regulations of the Wyborcza.pl Group Websites, to which these Rules are attached as an appendix;
- "Gazeta Wyborcza" – a printed daily newspaper of nationwide circulation under the title "Gazeta Wyborcza", including all its permanent, occasional and special nationwide or local industry and thematic supplements, together with all local editions;
- "Wyborcza.pl" – a digital daily newspaper, distributed online via a Website, which makes available some content from Gazeta Wyborcza and other content – not published in Gazeta Wyborcza;
- "Archive" – a database of texts published since May 1989 in the nationwide edition of Gazeta Wyborcza, as well as in local editions of Gazeta Wyborcza and its thematic and industry supplements, and on Wyborcza.pl, constituting a work within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Publisher or its legal predecessors hold the copyright; the Archive does not include advertisements, photographs, tables, infographics and other graphic materials, as well as audio or audio-visual materials;
- "Archive Website" – the website operated by the Publisher under the current address: wyborcza.pl/archiwum.
2. Other capitalized terms are defined in the Websites Regulations.
3. These Rules apply to the access to the Archive under Packages which cover access to the Archive.
4. Providing access to the Archive constitutes the provision of Digital Content.
5. The Publisher allows the User to browse the database of texts constituting the Archive and to consult the texts contained in the Archive.
6. In order to use the Archive, the User must have an Account and be logged in to that Account.
7. The User is granted access to the Archive at the start of the Digital Subscription period.
8. To the extent not otherwise regulated in these Rules, the provisions of the Websites Regulations relating to Subscriptions shall apply in respect of the access to the Archive.