Terms of Service
We are Kividev Sp. z o.o., doing business as Kividev ('Company', 'we', 'us', or 'our'), with its registered office in Lodz (90-441), Al. T. Kościuszki 101 Street, entered into the Register of Entrepreneurs of the National Court Register under number 0000943588, by the District Court for the Lodz Downtown in Lodz, 20th Commercial Department of the National Court Register, and Tax Identification under No. PL7262689199.
We operate the website reports.kividev.com (the 'Website').
Please read these terms and conditions carefully before using Our Service.
1. Definitions
Service Provider/Seller - Kividev Sp. z o.o. with its registered office in Lodz (90-441), Al. T. Kościuszki 101 Street, entered into the Register of Entrepreneurs of the National Court Register under number 0000943588, by the District Court for the Lodz Downtown in Lodz, 20th Commercial Department of the National Court Register, and Tax Identification under No. PL7262689199.
User/Buyer - (a) a natural person above 18 years of age (in the case of persons at the age of 13-17, every activity within the Website requires a confirmation of his or her legal guardian), (b) a natural person engaged in business activity, (c) an unincorporated organisational entity that has been endowed with legal capacity based on separate provisions or (d) a legal person using the Website
Contract - a sales contract concluded between the Service Provider and the USer, concluded at a distance within an organised distance contracting system, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Product - refers to Report
Report - a digital copy of a work or another product of human activity, including but not limited to data analysis, data sets, graphics, guides, diagrams, and illustrations, provided to the User who purchased the Report via the Website. The Report is made to the User's specific requirements (is personalised and can't be resold by the Service Provider as made to the User's specifications), the Report is available in three versions Basic, Standard, and Extensive at the price provided by the Service Provider on the Report Card
Website - an Internet website reports.kividev.com
Report Card/Product Card - a single element of sub-page of the Website containing information about single Report
Order - the User's declaration of will placed via the Website, specifying unambiguously: the version of the Report; type of Payment; email address of delivery of the items, URL address, User's data, and aiming directly at the conclusion of the Contract between the User and the Seller.
URL address - Buyer website address to which Report should be customised
Parties - an Agreement to which the Terms of Use refer: the Service Provider and the Buyer.
Table of Contents - table listing all features provided in different Report version
Order Details - required User's data to finish placing an Order and proceeding to payment done by external service provided by Stripe
Stripe - order and payment service used by the Website to finalise the Order
Terms of Service - these Terms of Service
Service - a service provided by electronic means by the Service Provider under the Act on Providing Services by Electronic Means on terms and conditions provided for in the Terms of Service, which consist of making it possible for the Buyer to make an order for a Report.
Device - means any device that can access the Website such as a computer, a cell phone or a digital tablet.
System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a telecommunication terminal device appropriate for a given type of network, within the meaning of the Act of 16 July 2004. - Telecommunications Law, commonly referred to as the Internet.
Act on Copyrights and Related Rights - Act on Copyrights and Related Rights of 4 February 1994 (Dz. U. [Journal of Laws] of 1994, No. 24, item 83, as amended).
Act on Providing Services by Electronic Means - Act on Providing Services by Electronic Means of 18 July 2002 (Dz. U. [Journal of Laws] of 2002, No. 144, item 1244, as amended).
Act on Consumer Rights - Act on Consumer Rights of 30th May 2014 (Dz. U. [Journal of Laws] of 2014, item 827, as amended).
Privacy Policy - the rules for the processing of Users' personal data by the Data Controller, the rights of Users and the obligations of the Data Controller, which can be found at: reports.kividev.com/privacy-policy
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).
Partner – a website through which it is possible to purchase the Report by users of this website. Under no circumstances should the Partner be considered a subcontractor, agent or any entity acting on behalf of the Service Provider.
2. Contact Details
Contact details enabling the Buyer to contact the Service Provider:
1) postal address: ul. Al. T. Kościuszki 101, 90-441 Lodz
2) telephone and/or fax number: tel.: 693 569 832
3) e-mail address: reports@kividev.com
The User can communicate with the seller by letter, telephone or e-mail.
3. General Provisions
These Terms of Service specify in particular: the types and scope of services provided by the Service Provider, conditions for provision of services by electronic means, including: technical requirements necessary for cooperation with the System used by the Service Provider, conditions for conclusion and termination of agreements for provision of services by electronic means; procedure for complaints.
The Terms of Service are available at https://report.kividev.com/terms-of-service in such a way that they can be obtained, reproduced and recorded by printing or saving them to a medium at any time.
These Terms of Service are an integral part of the Contract concluded with the User. The condition for the conclusion of the Contract is acceptance of these Terms of Service and the Privacy Policy by the User in the course of the Order placement process by ticking the appropriate box in the Report Card. Lack of acceptance of the Terms of Service and confirmation of acceptance of the Privacy Policy makes it impossible to make a purchase and place an Order in the Shop.
All prices provided by the Service Provider are gross prices (they include VAT).
The invoice/receipt will be delivered electronically, to which the User agrees.
Whenever a reduction in the price of a Report is announced, the Service Provider shall make visible, next to the information about the reduced price, information about the lowest price for this Report which was in force during the period of 30 days prior to the introduction of the reduction. If a Report has been offered for sale for less than 30 days, the Service Provider shall display the lowest price for that Report between the date the Report was offered for sale and the date of the reduction.
The Seller shall not charge any fees for communication with him by means of distance communication, and the User shall bear the costs thereof in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling him to communicate at a distance.
The Seller ensures to the User using the system that the Website operates correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the Website, therefore in order to obtain full functionality, all of them should be disabled.
4. Products
The seller is selling:
- Digital content - Reports available in digital format (hereinafter: 'Products' or 'Reports') offered by the Website.
The buyer is not entitled to:
1) distribute or market the Products in whole or in parts,
2) interfere with the content of the Products,
3) publish, distribute, reproduce or copy the Products,
4) any commercial exploitation of the Products.
In order to use the Products it is necessary:
on laptops or desktops required: having the appropriate software to read PDF files.
on mobile devices - it is required to have a device with an operating system and the ability to read PDF files.
The Seller is not responsible for the inadequate configuration of the User's computer/mobile device.
Upon conclusion of the Contract, the Seller grants the Buyer a non-exclusive license, without territorial limitation, for the duration of access to the Product (as specified in the Product Card), and without the Buyer's right to authorise another person to use the e-product within the scope of the obtained license, in the following field of exploitation: in terms of recording of the Product - through multiple reproductions of the Product.
5. Conclusion of contract and processing
In order to place an Order, the Buyer should perform the following steps:
1) Selecting a Product from those available on the Website;
2) Acceptance of the Terms of Service and Privacy Policy by checking the box "I declare that I have read the Privacy Policy and Terms of Service of the Website and accept their provisions". Acceptance is necessary to proceed to finalisation of the Order;
3) Proceed to the finalisation of the Order using the "Order and Pay" button on the Product Card. Users will be directed to the third-party service provided by Stripe;
4) Provide the following data by the Buyer in the form:
a) Contact information:
- email
- contact number
b) Name:
- company name or name and surname
c) Billing address:
- country
- street
- postal code
- city
d) VAT information (optional)
- Business name
- VAT number
e) Language of the Report:
- English
- Polish
- German
- French
- Spanish
f) URL address
- Buyer's website address
5) Choice of payment type
6) Order placement using the "Pay" button, which entails the obligation to pay.
During the process of placing an Order, until the Buyer clicks the "Pay" button, he/she has the opportunity to modify the personal data he/she provided, the Product the choice of payment type, as well as the data for the proof of purchase.
Submission of an Order by the Buyer by pressing the "Pay" button constitutes a declaration of the Buyer's will to conclude a contract with the Seller.
The Seller confirms the Buyer's purchase by sending a confirmation of the conclusion of the Contract to the email address indicated by the Buyer when placing the Order.
The conclusion of the Contract with the Buyer takes place upon receipt by the Buyer of an e-mail containing confirmation of the conclusion of the Contract.
The Order processing time is calculated from the moment of positive payment authorisation, and in case the Buyer chooses to pay by bank transfer or payment card - from the crediting of the Seller's bank account. The delivery of the subject of the Agreement takes place within the time specified on the Product Card. The Seller sends the Product to the Buyer at the email address provided by the Buyer in the Order form.
The time of the delivery provided on the Product Card is counted when Buyer provided Seller all necessary information marked in Table of Contents by sending them to the Seller by email to address: reports@kividev.com
The Seller reserves the right to change the time of the delivery, to which both Parties will agree upon separate contact.
The Seller reserves the right not to process the Order in the case of:
1) Provision by the Buyer of false data necessary for the execution of the Order,
2) Lack of positive payment authorisation within 3 days from the conclusion of the Order.
6. Payment
The Service Provider offers the possibility of payment using Stripe in the following ways:
- Card payment (Visa, Mastercard, American Express, Discover, Diners Club and China UnionPay)
- BLIK
- online transfer (Przelewy24)
The price listed next to each Product is the price in effect at the time of placing the Order and is binding for the Buyer and the Seller. The Buyer is obliged to pay the final price. Failure to make payment within the timeframe in which the Seller/Operator expects payment shall mean cancellation of the purchase and cancellation of the Order.
The Buyer may incur additional purchase costs resulting, for example, from bank commissions, fees to Operators or other possible fees resulting from the payment method chosen by the Buyer.
7. Provision of services by electronic means
As part of the Website, the Seller allows the Buyer to use all services provided by the Website and the functionality of the Website, including the possibility of concluding a Contract with the Seller.
The condition of using the Store, in particular placing an Order is:
Acceptance of the provisions of these Terms of Service
Acceptance to the processing of the Buyer's personal data by the Seller - the principles of processing of the Buyer's personal data by the Data Administrator, the rights of Buyers and the obligations of the Data Administrator can be found at: https://reports.kividev.com/privacy-policy
Prohibited is:
- providing and transmitting content forbidden by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
- using the Website in a way that interferes with its operation, in particular through the use of specific software or devices,
- taking actions such as: sending or posting unsolicited commercial information (spam) within the Website,
- using the Website in a manner that is not onerous for other Buyers and the Seller,
- use of any content posted within the Website beyond personal use,
- use of the Website in a manner inconsistent with the provisions of the law in force in the Republic of Poland, the provisions of the Terms of Service, as well as with the general principles of netiquette.
The basic service provided electronically by the Seller is to enable the Buyer to conclude a sales contract with the Seller electronically, to enable access to the Website. The services referred to in the first sentence are free of charge within the price paid for the Product.
In order to gain access to the services provided by the Seller, the Buyer may:
- purchase Products, however, it is necessary to provide basic data necessary for the execution of the Order.
The Seller uses mechanisms designed to ensure an adequate level of security for transactions and other services provided through the Website.
8. Complaint
The Service Provider shall be liable towards the User for the non-conformity of the Product with the sale agreement (statutory warranty) in accordance with the rules set out in the Act on Consumer Rights and in the Polish Civil Code. Any complaints under the statutory warranty for Products' defects or non-conformity may be submitted by the User in writing or electronically to the following address: reports@kividev.com. In the complaint, the User shall describe in details the defect or the non-conformity of the Product and present his demand. The complaint shall be examined by the Service Provider within 14 (fourteen) days from the delivery of it to the Service Provider. The User will be promptly informed of the results of this procedure. Save as otherwise provided in the Act on Consumer Rights or in the Polish Civil Code, the Service Provider is liable under the statutory warranty for the Products' defects or non-conformity, provided that: (i) the User discovers the Product's defect or non-conformity within 2 (two) years from the date of delivery of the Product to the User, and (ii) submits a complaint to the Service Provider within 1 (one) year from the date of discovery of this defect or this non-conformity. The ineffective elapse of the deadlines referred to in the preceding sentence relieves the Service Provider from the liability under the statutory warranty for the Products' defects or non-conformity. Claims under the statutory warranty for the Products' defects or non-conformity shall be vested exclusively in the User who purchased the Product through the Website and do not pass to a subsequent purchaser of the Product.
According to the EU Resolution No. 524/2013 on online dispute resolution for consumer disputes, Users shall have the possibility to resolve disputes with traders regarding online sales or service contracts, out-of-court via an online platform. Complaint can be submitted in the electronic form available under the following link: http://ec.europa.eu/consumers. Our e-mail address for this procedure is: reports@kividev.com
The User being a Polish consumer has the right to have his complaints examined and assert his claims: (a) by mediation through provincial inspectors of the trade inspection authority; (b) before permanent consumer arbitration courts at provincial inspectors of the trade inspection authority.
9. Right to withdraw from the contract
The right of withdrawal from a contract concluded off-premises or at a distance does not apply to the Consumer for contracts:
- for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the Seller will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract;
- in which the subject of the performance is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs;
- in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
- in which the subject of the performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
- in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
- in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
- in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides things other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- concluded through a public auction;
- for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
- of the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.
Hereby, withdrawal from the contract is not available.
The Buyer can contact the Service Provider to discuss withdrawal from the contract which will be done out-of court, between Parties. Contact should be made by Contact details provided to the Service Provider in this Terms of Service (found under 2. Contact Details).
The Service Provider reserves the right to refuse to withdraw from the contract, but will consider each case individually in order to resolve the matter with the Buyer in the most favourable way possible.
10. Privacy policy and security of personal date
Detailed rules for processing personal data are described in the Privacy Policy available at https://reports.kividev.com/privacy-policy
11. Final provisions
Any disputes between the Service Provider and the User shall be settled by courts having jurisdiction over the registered office of the Service Provider.
Deeming any of the provisions of these Terms of Use invalid or unenforceable in accordance with the law shall not affect the validity or enforceability of the remaining provisions hereof. The invalid provision shall be replaced with a provision which is closest to the objective of the invalid provision and these Terms of Service in general.
Any matters not provided for herein as well as any dispute arising out of or in connection with this Terms of Service, shall be governed by the laws in force in the territory of the Republic of Poland.
The Service Provider may amend the Terms of Service for important reasons, which are:
1) changes in generally applicable laws directly affecting the provisions of these Terms of Service;
2) the issuance of a judgment or decision directly affecting the provisions of these Terms of Service by a court or public administration authority;
3) introduction of new functionalities of the Website;
4) prevention of violations of the law or violations of these Terms of Service;
5) removal of ambiguities or doubts of interpretation;
6) transformation of the Service Provider (change of legal form), change in the name (business name) of the Service Provider, change in registration data, identification numbers, address data, URL, e-mail address or telephone number, indicated in the Terms of Service.
The Service Provider reserves the right to make changes to these Terms of Service. Changes may not affect the Buyer's rights under Orders placed before the change. Changes to the Terms of Service will be communicated to the Buyers on the website https://reports.kividev.com/. Amendments to the Terms of Service shall come into effect within 14 days from their publication on the Website.
The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
These Terms of Use come into force on the 31st of January 2024.
