Terms

I. Definitions.

1. SYSTEM - Internet service available at https://camaica.com, intended for USERS and used to present virtual tours from various places around the world.
2. ADMINISTRATOR – Company: PERFECTCLUE Sp. z o.o., ul. Zimowit 42, 35-605 Rzeszów, Poland, NIP: PL8133882813, REGON: 522791227, KRS: 0000986621, email address: [email protected]
3. USER – a natural person who is over 16 years of age, has at least limited legal capacity and has created an ACCOUNT in the SYSTEM for purposes unrelated to his or her business or professional activity, in order to use the SERVICES offered on the SYSTEM.
4. ACCOUNT – part of the SYSTEM together with a set of IT solutions enabling USERS to use the SYSTEM.
5. TERMS – these regulations of the SYSTEM.
6. REGISTRATION – a multi-stage process consisting in creating an ACCOUNT in the SYSTEM or in another available way (i.e., via Facebook or Google). This is done by completing the appropriate registration form in accordance with the given form field descriptions, confirming this form, and then clicking on the verification link received in the email message. After completing the registration process, the USER will be able to log in to the SYSTEM via the ACCOUNT.
7. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 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 (General Data Protection Regulation data).
8. SERVICE, SERVICES – services offered via the SYSTEM.

II. Preliminary provisions.

1. The TERMS define the rules and conditions for the provision of electronic services by the ADMINISTRATOR via the SYSTEM, in particular the rules and conditions for USERS to use the SYSTEM and to purchase access to virtual tours or vouchers for virtual tours.
2. You can contact the ADMINISTRATOR by email or post, using the data provided in point 2 of Part I.

III. Types and scope of SERVICES.

1. The ADMINISTRATOR grants USERS access to the SYSTEM enabling the purchase of access to a virtual tour or a voucher for a virtual tour.
2. All graphic elements, technical solutions, text, software, databases and other materials placed and made available within the SYSTEM, as well as the method of their presentation/arrangement, are subject to legal protection in the field of copyright and related rights of the ADMINISTRATOR.
3. The SYSTEM enables the conclusion of contracts for the purchase of an access to a virtual tour or a voucher for a virtual tour, to which the USER and the ADMINISTRATOR are parties.
4. The ADMINISTRATOR ensures proper availability of the SYSTEM.

IV. SYSTEM use agreement.

1. The conclusion of the contract for the use of the SYSTEM takes place through REGISTRATION and involves acceptance of the TERMS and Privacy Policy, together with Information Clause.
2. The USER undertakes to comply with the provisions of the TERMS.
3. The contract for the use of the SYSTEM is concluded for an indefinite period.
4. The USER may create one free account in the System. The USER gains access to the functionality and content of the SYSTEM after REGISTRATION and logging in to the created ACCOUNT. If several ACCOUNTS are created, the ADMINISTRATOR has the right to block all ACCOUNTS of the USER.
5. In order to enable USERS to purchase access to a virtual tour or a voucher for a virtual tour, the ADMINISTRATOR grants USERS a non-exclusive and non-transferable license granted for the period of use of the SYSTEM, limited to the territory of the Republic of Poland, taking into account the extraterritorial nature of the Internet, a license to use the SYSTEM. USERS are not entitled to any other rights, including intellectual property rights, other than those expressly indicated in the TERMS, in particular USERS are not entitled to any use of the SYSTEM's source codes. USERS acknowledge that failure to fulfill the above obligation may result in infringement of the ADMINISTRATOR's proprietary rights to the SYSTEM and in holding the USER legally liable in this respect.
6. An unlogged visitor and a logged-in USER (but without purchasing access to a virtual tour) can only view a fragment of the virtual tour.
7. A logged-in USER can request receiving VAT invoice while purchasing access to a virtual tour or a voucher for a virtual tour, by providing company name, address, postal code, city, country and Tax Identification Number.
8. A logged-in USER can enter a discount code that reduces the price of a virtual tour, while purchasing access to a virtual tour or a voucher for a virtual tour.
9. The USER has access to purchased virtual tours until the ACCOUNT is deleted.
10. The USER can purchase a gift voucher for a virtual tour, which generates a voucher containing a dedicated discount code.
11. The USER is obliged to provide complete and truthful personal data and other data required during REGISTRATION and to check and update them without any requests from the ADMINISTRATOR, providing first name, last name, email address and password.
12. The USER undertakes that:
    • by entering data into the SYSTEM, one is authorized to do so and one's actions do not violate the rights of third parties,
    • all information and data provided by the USER in the SYSTEM will be true,
    • refrains from including the data referred to in Art. 9 GDPR, i.e. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and genetic data, biometric data enabling the unambiguous identification of a natural person or data regarding health, sexuality or sexual orientation; The ADMINISTRATOR does not require USERS to provide such data in order to use the SYSTEM,
    • will use the SYSTEM only in a manner consistent with its intended purpose,
    • will not post in the SYSTEM, including in the USER's ACCOUNT, content (information, photos, etc.) that violates the law, content of a pornographic nature, contrary to decency or violating the rights of third parties (including personal rights), the principles of fair competition or the provisions of the TERMS; in the event of violation of the above-mentioned obligation, the ADMINISTRATOR is entitled to delete data or other content posted by the USER in the SYSTEM, temporarily block or delete the USER's ACCOUNT,
    • will not copy, modify, distribute or reproduce all or part of the SYSTEM other than in accordance with the license,
    • will not give third parties access to the SYSTEM; The USER is solely responsible for the confidentiality and security of one's ACCOUNT, including keeping passwords and login secret,
    • will immediately inform the ADMINISTRATOR about illegal use of one's ACCOUNT by third parties,
    • will not create more than one ACCOUNT,
    • will immediately inform the ADMINISTRATOR if third parties pursue claims against one in connection with violation of law by the USER in connection with the use of the SYSTEM,
    • will not process or use personal data of other USERS that may be made available to it while using the SYSTEM in any way other than for the purposes of using the SYSTEM.
13. The USER is responsible for one's actions related to the use of the SYSTEM and for the content posted in the ACCOUNT and in the SYSTEM.
14. The USER may withdraw from the contract for the use of the SYSTEM within 14 days of its conclusion without giving a reason and without incurring costs, by sending a declaration of withdrawal to the email address or postal address of the ADMINISTRATOR.
15. The USER and the ADMINISTRATOR may terminate the contract for the use of the SYSTEM without giving a reason, subject to a 30-day notice period.

V. Purchase of the SERVICE provided by the ADMINISTRATOR.

1. Through the SYSTEM, the USER can purchase access to a virtual tour or buy a voucher for a virtual tour. Redemption takes place when it is confirmed by the ADMINISTRATOR. The user receives notification of redemption confirmation via email. Until the ADMINISTRATOR confirms the payment, the redemption status is unconfirmed and the SERVICE does not have to be provided by the ADMINISTRATOR.
2. The conditions under which access to virtual tours or voucher for virtual tours are purchased may be specified by the ADMINISTRATOR in the information (regulations, price lists, etc.) made available to the USER in the SYSTEM before making the purchase. The content of this information and generally applicable provisions, in particular the provisions on consumer rights, determine whether, what type and what content of the contract is concluded between the ADMINISTRATOR and the USER.
3. The USER is obliged to pay for the purchase of access to the virtual tour or of voucher for the virtual tour directly to the ADMINISTRATOR on the terms indicated for a given SERVICE. The ADMINISTRATOR offers the option of making payments using the SYSTEM. In such a case, the payment for the SERVICE will be collected from the USER by the payment intermediary, i.e. by an external institution supporting online payments - Stripe - in order to carry out the payment order submitted by the USER, ensuring a safe payment channel. The ADMINISTRATOR does not store USERS' payment data, including credit card numbers.
4. The USER declares that accepts the ADMINISTRATOR's issuing and sending invoices in electronic form.

VI. ADMINISTRATOR's rights and responsibilities.

1. The ADMINISTRATOR is not responsible for:
   • authenticity, reliability, correctness and completeness of data and information posted in the SYSTEM by USERS and transmitted between USERS via the SYSTEM,
   • damage caused by USERS in connection with improper performance or non-performance of contracts concluded via the SYSTEM,
   • damage caused by USERS by violating the rights of third parties,
   • damage caused by the actions of third parties for which the ADMINISTRATOR is not responsible,
   • damage caused in connection with the sale and provision of SERVICES via the SYSTEM, in particular SERVICES performed improperly, without maintaining the required standards, violating legal provisions or not having the offered properties,
   • damage caused due to USERS' inability to conclude contracts via the SYSTEM and due to USERS' insolvency,
   • damage incurred by USERS in connection with blocking or deleting an ACCOUNT from the SYSTEM in connection with USERS' violation of the provisions of the TERMS or generally applicable provisions of law.
2. The ADMINISTRATOR is liable to USERS only for damages incurred by USERS as a result of using the SYSTEM.
3. The ADMINISTRATOR is entitled to partially or completely disable the operation of the System in order to repair or modernize it. In the event of a complete shutdown of the SYSTEM, an appropriate message will be published on the https://camaica.com website.
4. The ADMINISTRATOR, in accordance with Art. 14 of the Act of 18 July 2002 on the provision of electronic services:
   • is not responsible for the stored data if it does not know about the illegal nature of the data or the activities related to them, and in the event of receiving an official notification or obtaining reliable information about the illegal nature of the data or activities related to them, it will immediately prevent access to these data,
   • if it receives an official notification about the unlawful nature of the stored data provided by the USER and prevents access to this data, it shall not be liable to the USER for any damage resulting from preventing access to this data,
   • if it obtains reliable information about the illegal nature of the stored data provided by the USER and prevents access to this data, the ADMINISTRATOR is not liable for any damage resulting from preventing access to these data, if it immediately notifies the USER of the intention to prevent access to them.
5. The content presented in the SYSTEM is prepared based on information and materials provided by external entities (such as guides) and also uses the automatic translation services. ADMINISTRATOR is not responsible for the content presented in the SYSTEM, in particular on guide profiles, on tour websites, and in the content of virtual tours.

VII. Complaints regarding incorrect operation of the SYSTEM.

1. Irregularities in the operation of the SYSTEM may be reported by USERS by appropriately notifying the ADMINISTRATOR.
2. Complaints regarding the operation of the SYSTEM should be submitted via email to the ADMINISTRATOR's email address.
3. The ADMINISTRATOR reserves the right to request information or explanations from the complainant if it is necessary to consider the complaint.
4. The complaint will be considered within 30 days from the date of its receipt.
5. The response to the complaint will be sent to the email address assigned to the ACCOUNT of a given USER or to the residential address indicated in the complaint submitted in writing.

VIII. Complaints about the SERVICES provided by the ADMINISTRATOR.

1. Complaints regarding non-performance or improper performance of SERVICES should be directed directly to the ADMINISTRATOR.
2. The ADMINISTRATOR is responsible for considering complaints regarding the SERVICES in accordance with generally applicable laws.

IX. Technical requirements.

1. In order to use the SYSTEM, it is necessary to have devices allowing access to the Internet, email and a web browser. Using the ADMINISTRATOR's services via the SYSTEM requires an active Internet connection. Using the SYSTEM on a mobile device requires a functional mobile device with a current Android or iOS system. The USER, on his own and at his own risk, should ensure that the technical requirements of the mobile device are met, its configuration, software up-to-date and Internet access. The costs of purchasing a mobile device, other devices enabling Internet access and the costs of connecting to the Internet are borne entirely by the USER.

X. Personal data & privacy.

1. The ADMINISTRATOR attaches particular importance to respecting the privacy of USERS.
2. The USER consents to the processing of one's personal data by selecting a separate checkbox during REGISTRATION.
3. The USER is obliged to update his personal data, in particular those contained in his ACCOUNT or in the SYSTEM.
4. By entering data in the SYSTEM, the USER agrees that the ADMINISTRATOR will contact them directly to the email address provided during REGISTRATION.
5. When creating an ACCOUNT, the USER may express appropriate consents regarding the processing of personal data and electronic communication for purposes other than the performance of the contract concluded with the ADMINISTRATOR.
6. The essence of the SYSTEM is to enable the ADMINISTRATOR to provide SERVICES to USERS and to enable USERS to use the SERVICES, while promoting the services offered. Therefore, the ADMINISTRATOR processes USERS' personal data for its own purposes.
7. The ADMINISTRATOR becomes the administrator of the USER's personal data, therefore it is obliged to comply with the principles set out in the GDPR and is responsible for it under the regulations.

XI. Final Provisions.

1. The ADMINISTRATOR reserves the right to change the TERMS. The changes will be published in the form of a consolidated text along with information about them on the website https://camaica.com/en/terms.
2. The ADMINISTRATOR will notify the USER about any changes to the TERMS via email sent to the email address associated with the USER's ACCOUNT, 14 days before their entry into force. The USER may not accept the changes to the TERMS and in such a case one has the right to request deletion of the ACCOUNT by submitting an appropriate declaration in writing or in a document within 14 days from the date of notification by the ADMINISTRATOR about the change to the TERMS.
3. The USER may not accept the changes to the TERMS by requesting to delete the ACCOUNT within 7 days. In the absence of such a request, it is assumed that the USER has accepted the changes.
4. The TERMS enter into force on November 15, 2023.