Terms and Conditions

General provisions

1. These Terms and Conditions (hereinafter: Regulations) govern the functioning and use of the Allvago website service (hereinafter: the Portal) by the Users, conducted as part of the www.allvago.com Internet domain.

2.The portal is an on-line platform conducted in the Polish and English language in an open manner, in the frame of which the Users may offer chargeable digital products (in particular templates, software, photos, illustrations and other graphic products) (hereinafter: the Product), together with appropriate licenses to use them and buy Products directly from other Users. The Portal constitutes an on-line infrastructure of matching interests of persons authorized due to exclusive rights to the Products and the potential buyers of such Products. In addition, the Portal offers the possibility of communication between the Users of its community through a thematic Portal.

3. The owner of the Portal and its administrator, i.e. the entity, which has exclusive rights and responsibilities related to its conduct is Krzysztof Kowalski, conducting business under the name ASTRABIT, registered in the Central Register and Information on Economic Activity, led by the Minister of the Republic of Poland competent for economy matters based in Kraków, Podleska 7/24, 30-865 Kraków, with the National Business Registry Number: 361839562, VAT Registration Number: 6793028024 (hereinafter referred to as the Portal Administrator).

4.In order to contact with the Portal Administrator, the following contact details should be indicated:

  1. for written correspondence: Podłęska 7/24, 30-865 Kraków
  2. for correspondence via e-mail:
  3. Portal Administrator's office: office@allvago.com
  4. technical support: help@allvago.com

The User and registration in the Portal

5. The User of the Portal (hereinafter: the User) may be a natural person who is not less than 18 years of age and has full legal capacity, a legal person or other organizational unit, to whom the applicable law confers the legal possibility and legal capacity, i.e. persons who may in their own name acquire rights and incur obligations.

6. In order to start using the Portal and gain the status of a User, it is necessary to register on-line (hereinafter: the Registration), carried out by filling in the registration form on the Portal:

  1. The future User, who is a natural person not conducting economic activity, is obliged to indicate his name, address, e-mail address and contact phone number on the registration form.
  2. The future User, who is a natural person conducting business activity, in addition to the information referred to in paragraph 6.1 is obliged to indicate the company under which he conducts business, the place of business and tax number on the form.
  3. The person registering on behalf of a legal person or an organizational unit without legal personality, to whom the provisions of the applicable law confer legal possibility and capacity, is obliged to indicate on the form the full name of the entity on whose behalf they operate, their registered office, tax number, the number of the public register under which such an entity is registered and information about the person who made such a registration- their e-mail address, telephone number and the name.

7. The registration referred to in paragraph 6.3 may be made only by a person empowered to represent such a User in the field of Registration and exercising any of the rights and obligations under the Regulations.

8.Along with Registration, the User unconditionally accepts the Regulations in force at the time of Registration and is committed to strictly follow them. Any statement sent before or after the Registration to the Portal Administrator or made public in the Portal, and reserving any of the conditions of acceptance and application of the Regulations or reserving acceptance of the Rules, taking into account the changes specified by the User do not apply to the use of the Portal. Such statements addressed in any form to the Portal Administrator after Registration, as well as a declaration of withdrawal of acceptance of the Regulation will be read as a declaration of termination of participation in the Portal and the User's will to remove the account. In this case, the Portal Administrator will be entitled to immediately block the possibility of use of the Portal by the User.

9.Subject to the next point, upon completion of Registration and acceptance of the Regulations, an account in the Portal will be created for the User under a unique name (login), being a digital resource, under which information about the User and his activities in the Portal will be collected. Through an account created in such a way, the User will act within the frame of the Portal. For each use of the Portal, it will be necessary to login to the account on the Portal each time using a login and a password specified by the User and established at the stage of the Registration. The password will be a sequence of symbols, set by the User during Registration and known only to him.

10. In the case of Registration made under the conditions specified in paragraph 6.3, upon completion of Registration and acceptance of the Regulations, a temporary User account will be created for such a User without the possibility of offering and purchasing the Products in the frame of the Portal. For full Registration of such a User, it will be necessary to send the original document to the Portal Administrator at the address indicated in paragraph 4.1, authorizing the person who made the Registration to carry it out and on the behalf of the User, to carry out the rights and obligations arising from the Regulations and participation in the Portal, including agreements on the use of the Products. The preceding sentence shall not apply in the case where the fact of authorization to represent the User will be confirmed by the information contained in the officially available public records. The obligation to send the documents referred to above must be carried out within 30 days from the date of Registration. Immediately after receipt of the documents, which will document the authority of the person making the Registration, the Portal Administrator will complete the activation of the User's account. In the case of failing to send the documents, or sending the documents not confirming the fact of authorization to act on behalf of the User within the period necessary, the Portal Administrator reserves the right to remove such a User's account.

11. The User is authorized and simultaneously obliged to change or supplement the information relating to the User indicated during Registration, in the case when the information changes. In particular, the User is obliged to making every effort to ensure the information about them is correct, true and corresponds to the actual data.

12. The User is authorized to delete the account held in the service. This right may be made by submitting, in writing or by e-mail, the contact details set out in paragraphs 4.1-4.2 and a declaration of will to remove the User's account (termination of participation in the Portal) to the Portal Administrator.

Products and the conclusion of a contract

13. Upon Registration, the User enters into an agreement with the Portal Administrator for the use of the Portal (participation in the Portal), whose content is defined by the provisions of these Regulations and attachments forming its integral part.

14. Each of the Users is authorized to acquire the Products offered in the Portal. The acquisition of the Product means the conclusion of a contract with the User who offers the given Product in the Portal (hereinafter: the Author) and in the name and on behalf of which the Portal Administrator acts, under this contract he is entitled to download the Product from the Portal on the terminal equipment of the User and use it under the terms of the basic License or the extended License. The License Terms and Conditions define the provisions of Annex no. 2 - Conditions of the Basic License, Annex no. 3 to these Regulations - Conditions of the Extended License and the other provisions of these Regulations and its annexes.

15. When purchasing the Product, the User becomes entitled only to use it in accordance with the selected license. However, he is not entitled to the exclusive use of the Product and does not acquire exclusive rights to the Product, which are rights that remain with the Author.

16. After the acquisition of the Product, it is recommended to download it to the terminal device of the User purchasing the Product as quickly as possible. The Portal Administrator reserves, that by the decision of the Author or the Portal Administrator, the availability of a Product under the frame of the Portal may cease. In the case of removal of the Product, its copy shall be kept by the Portal Administrator for a period of 21 days from the last acquisition of the Product in the Portal. For a User, who has purchased a Product but did not download it on their terminal device, the Portal Administrator will provide the removed Product for its downloading in a digitalized version, unless the User, within 21 days of purchase of the Product shall submit a statement about the need to grant him access to the Product to the Portal Administrator via e-mail to the contact details indicated in paragraph 4.2.2 of the Regulations. After the period of 21 days has passed from the purchase of the Product, unless the Product has been removed, the User will not be entitled to any claim of making the Product accessible for downloading.

17.By purchasing the Product in the Portal, the User becomes eligible to download the Product to their terminal device in a digitalized version and to use the Product in accordance with the provisions of the selected license. The User is not entitled to request delivery of the Product to him in other ways, including on physical media.

18.The demos posted in the Portal are available for Users only for illustrative and demonstration purposes. Any use of them beyond the specified target is not permitted and will constitute a violation of these Regulations and the exclusive rights to the Product.

19.The Portal Administrator will make every effort that the offered Portal Products are tested for their compatibility, accuracy, performance and functionality, as well as check whether the offered Product does not contain the so-called malicious software. This does not mean that for the Products offered in the Portal, the Administrator of the Portal provides any guarantee or warranty, and any liability in this regard rests with the Author offering a Product in the Portal, with whom the User purchasing the Product enters into a contract for the use of the Product.

Payments, recharging the account balance

20.Subject to the next sentence and the provisions of Annex no. 1 to the Regulations - Regulations - Detailed provisions concerning the Authors, participation in the Portal and its use are free of charge. Acquisition of rights to use the Product (purchase of the Product) is chargeable, and the remuneration payable to the Author offering the Product in the Portal will be clearly indicated each time in the Product information. The amount for which you can purchase the Product will be indicated separately for the basic License and the extended License.

21.When purchasing the Product, the User declares that he has read its descriptions and functionalities, and that he has estimated the risk on his own responsibility, as well as the usability of the purchased Product.

22.The price of the Product includes the comprehensive remuneration of the Author offering a Product within the frame of the Portal due to granting the User of the Product with authorization to download and use it under the terms of the selected license. The remuneration indicated in the preceding sentence will each time be reduced by the amount of the deducted commission of the Portal Administrator in accordance with the provisions of Annex no. 1 to these Regulations - Regulations - Specific provisions concerning the Authors.

23.Payments for the Products purchased on the site are made through a payments support mechanism offered by the Portal Administrator.

24.For each User's account, an account balance is established, on which funds will be taken into account up to the amount of which the User may purchase Products.

25.Recharging the account balance may be done through a payment to the bank account of the Portal Administrator made via a payment processor - the PayPal service. Payments will be made in the Polish currency (Polish Zloty), and 1 PLN of the payment made will be equivalent to one unit of the balance value of your account.

26.Immediately after making the payment for the Portal Administrator, the account balance of the Portal User will be recognized in the amount of the payment made. The Portal Administrator reserves the right to recognize the balance of the User no later than one business day within making the payment to the Portal Administrator's account.

27.Up to the account balance of the User in the Portal, he can purchase Products offered on the Portal. If you try to purchase the Product, whose price exceeds the value of your account balance, the User will be redirected to make an additional payment via the payment processor (PayPal service).

28.Acquisition of the Product in the Portal will result in a deduction of an amount which is equivalent to the purchase price of the Product from the balance of the User's account.

29.The User bears all the operating costs associated with making payments to the Portal Administrator, including commissions of the payment processor and fees associated with possible currency conversion.

30.The Portal Administrator informs that the User can be charged with the necessity of remuneration payment for the transmission of data within the Internet, as long as his service provider for Internet access whose services are used by the User, foresees a fee for data transmission in the frame of using the Portal, including downloading the purchased Products to the terminal device of the User.

31.The available balance from the User's account has a limited validity period and expires after 12 months from the recognition of the balance of his account. In this case, the User, in relation to the Portal Administrator, loses all claims for the reimbursement due to equivalent balance which expired, as well as due to the damage which has been caused in connection.

32.Validity of the balance under the frame of the User's account may be extended if the next payment is made to the Portal Administrator within the validity period of the previously accumulated funds within the account balance to supply the balance of the User's account. In this case, the expiry date shall be extended by another 12 months until another balance recognition of the User's account.

33.As part of the balance of the User's account, the funds owned by him are recorded with an indication to balance funds coming from the deposits of the User and funds constituting remuneration for the Products sold in the frame of the Portal and remuneration obtained in the Loyalty Program.

34.The funds owned by the user within the User's account balance deriving from payments of the User are not subject to withdrawal. Other funds constituting remuneration of the User due to Products sold in the frame of the Portal and remuneration obtained under the Loyalty Program will be subject to withdrawal on the principles set out in Annex no. 1 to these Regulations - Regulations - Specific provisions relating to the Authors and Annex no. 5 to these Regulations - Conditions of the Loyalty Program.

35.During the purchase of the Products in the Portal, the resources deriving from payments for recharging the balance of the User's account will be used in the first place.

36.Making a payment and recognition of the User’s account balance is final and in principle is not subject to appeal, unless such an obligation results from the mandatory provisions of law, including the norms of consumer law.

Prohibited actions

37.It is strictly forbidden to:

  1. use the User's account or Portal to act to the detriment of the Portal Administrator, Users or third parties, and undertake actions affecting the safety of the Portal.
  2. provide, remove, conceal, or change to information that is false or data that is misleading concerning the User or anyone acting on their behalf who required to Registration.
  3. offer Products, whose use on the principles specified in the Regulations and within the granted license would lead to a violation of the exclusive rights of third parties, including in particular copyrights or personal rights, intellectual property or publicity rights.
  4. use the Products in a manner contrary to or beyond the frame of the acquired license to use the Product.
  5. display or offer content in violation with the applicable law, detriment to the law on personal goods, considered to be offensive, violating decency, profanity, content that is obscene, pornographic, promoting or inciting hatred, racism, xenophobia and conflicts between nations.
  6. disseminate or repatriate content being malicious software through the Portal.
  7. collect, aggregate and transfer content included in the Portal to third parties, including, in particular data regarding its Users, except for the circumstances in which these Regulations permit it or the obligation to transfer the content obtained from the Portal stems from the law.
  8. publish links or in any other way reference to websites external to the Portal, in particular websites which offer Products identical to the ones offered in the Portal, as well as websites, under the frame of which competitive services are provided to the ones provided by the Administrator in the frame of the Portal.
  9. directly or indirectly undertake advertising or promotional activities within the Portal, applying to services or other goods that are not Products offered in the Portal.

Responsibility

38.The Portal Administrator makes every effort to maintain the availability of the Portal for its Users every day, around the clock. However, the Portal Administrator reserves the right to limit the availability of the Portal in the event of technical difficulties with access to the Internet, work servers and the used equipment, technical work or other events occurring on the side of the Administrator. The Portal Administrator shall have no liability associated with transient lack of access to the Portal.

39.In the event of errors or irregularities in the recognition of the User's account balance as a result of the payment made, any complaints should be directed to our contact details indicated in paragraphs 4.1-4.2.

40.In case the mandatory applicable provisions of the law, including the norms of consumer law would have given the User a right to withdraw from the activity of disbursements of the funds in order to recognize the balance of the User's account, a statement of withdrawal from such activities must be directed to the Portal Administrator in writing or via e-mail to the contact details indicated in Section 4.1-4.2. When making a withdrawal, the User is obliged to indicate the data needed to make a refund of the cash paid.

41.In the case that the User who is entitled to withdraw from the activities of payment of funds in order to recognize his account balance in the Portal, files a statement against the Portal Administrator for withdrawal from such activities after using up the funds granted to him to acquire a Product on the Portal in the frame of the account balance, the effectiveness of such withdrawal will be conditional on the effective withdrawal by the User from the agreement for the use of the Product concluded with the User offering a Product in the Portal.

42.The Author offering the Product on the Portal is solely responsible under the realization of the agreement for the use of the sold Products, compliance of the Product with the description and the indicated functionalities, as well as the legality of any use of the Product by other users within the license granted to them.

43.Any claims arising from the contract for the use of the Product in the range of responsibility for the Product may be directed solely to the Author, with whom he signed an agreement on the use of the Product (from whom he acquired the Product).

44.In the case of claims referred to in the preceding paragraph, the User will direct a statement to the Author, from whom he acquired the Product through the Portal Administrator in writing or via e-electronic mail to the contact details indicated in paragraphs 4.1-4.2. The Portal Administrator will promptly transmit such statements to the Author, to whom they are addressed. Thus, the User agrees to the transfer of any such correspondence with his data relating to the due consideration of the directed statements.

45.The Author, from whom the Product was purchased at his own needs and at their own risk will consider the claims addressed to him. The Portal Administrator shall not be liable for legal recognition of any claim.

46.The Administrator hereby informs that in the case of accession to downloading the Product purchased before the deadline, in which the Users having the consumer status would be entitled to withdraw from the contract for use of the Product for any reason, they irretrievably lose that power to terminate the contract.

47.In the case of an effective withdrawal of the use of the Product, the User loses the right granted to him to the use of this Product both independently and as part of the Final Products produced with the use of the Product. In such a situation, he should delete the downloaded Product from all terminal devices and any media on which the Product was captured alone or as part of the Final Product.

48.In the case of an effective withdrawal from the agreement for the use of the Product, the Portal Administrator will recognize the balance of the User's account again with the value deducted from the balance due to the acquisition of the Product by lessening the account balance of the Author, from whom the withdrawing User has purchased the Product. In the case where the value of the account balance of the Author, from whom the Product was purchased will be less than the value of the funds by which the account balance of the withdrawing User is to be recognized again, the Administrator of the Portal reserves the right to suspend the re-approval of the account balance of the departing User until recharging the Author's account, from whom the Product was purchased to a value at least equal to the amount by which the account balance of the withdrawing User is to be recognized. The Author from whom the Product was purchased and the User can determine that as a result of effective withdrawal from the agreement for the use of the Product, the Users will make the necessary settlements in this area between each other, releasing the Portal Administrator of the obligation to perform operations on their account balances.

49.In the case of an effective withdrawal from the agreement for the use of the Product, the commission of the Portal Administrator for the carried out sale of the Product in the Portal referred to in Appendix no 1 to these Regulations, shall not be due to the Administrator.

50.It is recommended for the interest of the community of the Portal, the Users themselves and the Portal Administrator to inform the Portal Administrator of any irregularities in the operation of the Portal, activities of Users undertaken within the Portal in violation of the Rules or applicable law. Reporting in this area should be directed to the contact details indicated in paragraphs 4.1-4.2.

51.In the case of the adoption of knowledge by the Portal Administrator about the activities of a User that do not comply with these Regulations, including violating the provisions of the license granted to him, actions contrary to decency or applicable law, the Administrator reserves the right, if appropriate, to give a Warning to such a User, block the account of such a User, as well as the possibility of using the Portal, and in situations that are especially momentous, withdraw from the agreement of using the Portal (participation in the Portal), resulting in the removal of this User's account.

Final provisions

52. The law applicable to the interpretation and application of these Regulations, as well as the relationship between the Portal Administrator and the Users, as well as between the Users themselves, including for the settlement of any disputes between the above parties arising in connection with the use of the Portal is the generally applicable Polish law.

53.In the event that any provision of these Regulations proves to be invalid or unenforceable under applicable law, the Portal Administrator and the Users agree to maintain the present Regulations in force, and in place of the provisions found to be invalid, relevant provisions will be entered, which, as far as they are legally permissible, will as closely as close as possible comply with the original provisions of Regulations.

54.The Portal Administrator reserves the right to amend or supplement these Terms and Conditions or any of its annexes. The changes come to life within 7 days from their publication on the website in accordance with § 4 paragraph 10.

55.In the case of lack of acceptance of the Regulations, the User should refrain from logging to the Portal and immediately notify the Administrator of the service about this decision.

56.The User expresses consent to the transfer of commercial information by electronic means by Astrabit Krzysztof Kowalski based in Krakow (address: Podleska 7/24, 30-865 Kraków), in accordance with the law dated July 18th, 2002 on electronic services (Dz. U. of 2002. No. 144, Item 1204, as amended).

57.The Regulations as amended by this document and annexes apply as of 01.10.2015.

Annexes

Annexes:
Link Address:
Rules for sellers
here
Privacy policy
here
Conditions of the partnership program
here
Licenses
here