Terms and conditions – Top Level Tennis

Terms and conditions of electronic services provided by TOPLEVELTENNIS.COM Sp. z o.o. via the topleveltennis.com portal

I. Definitions

For the purpose of these Terms and Conditions, the following terms shall have the following meaning:

Service Provider– TOPLEVELTENNIS.COM Sp. z o.o. with principal registered office in Krakow, at ul. Grzegórzecka 67d suite 26, 31-559 Krakow, entered into the National Register of Entrepreneurs kept by the district court for Krakow – Śródmieście in Krakow, 11th Commercial Department of the National Court Register, under the KRS number 0000497726, holding NIP number 6793098421 and REGON number 123048218, with share capital (paid up) of PLN 405,000.00; e-mail address: office@topleveltennis.com, www.topleveltennis.com.

User – a natural person, a legal person or an organizational unit not having legal personality, but having legal capacity, who uses the Portal;

Price List – a list of fees charged for the use of individual Services, published on the following website: http://www.topleveltennis.com. All the prices listed in the Price List shall be gross prices and include VAT in the amount specified by applicable provisions;

Payment Card – a payment card within the meaning of the Act of 19 August 2011 on payment services;

Access Code – a sequence of characters determined in order to allow the User to have authorized access to any Material made available upon payment, purchased by the User via the Payment Operator;

User Account – the User’s individual account in the Portal, registered in the manner specified in point IV hereof, enabling access to selected Services;

Material – any content made available by the Service Provider within the Portal in such a way that each User can have access thereto in a place and time chosen thereby or in the form of broadcasting, including text, graphic, photographic, sound, audiovisual form;

Newsletter – a service consisting in providing the User with information in the form of an e-mail, to the e-mail address provided thereby;

Billing Period – the period wherefor the User shall have access to the Materials on account of making one Recurring Payment, i.e. 30 (thirty) consecutive calendar days;

Payment Operator – PayPal (Europe) S.Ã r.l. et Cie, S.C.A. with principal registered office in Luxembourg, 22-24 Boulevard Royal L-2449, Luxembourg;

Recurring Payment – payment for subsequent Billing Periods made by charging the Payment Card on the basis of the consent granted by the User until their resignation;

Privacy Policy – a document describing how the personal data of the Users shall be protected, disclosing the terms and conditions of collecting data using cookies and other issues related to the protection of privacy within the Portal, available at the following address: office@topleveltennis.com;

Portal – any portal, service, platform or website belonging to the Service Provider, in particular the website available at www.topleveltennis.com;

Terms and Conditions – these Terms and Conditions together with the detailed terms and conditions specifying the use of individual Services referred to in point II, section 2;

Provision of a service by electronic means – performance of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the service user, sent and received by means of electronic processing devices, including digital compression, and storage of data, which is entirely broadcast, received or transmitted by a telecommunications network within the meaning of the Telecommunications Law;

Device – any electronic device with a web browser enabling the use of the Portal, including a mobile device (smartphones, tablets), smart TV sets, Blu-ray devices, Blu-ray home theatre systems and other devices enabling reception of the Materials provided by the Service Provider;

Services – provision of digital content, in particular the Materials, to be played using a web browser, and other services provided electronically by the Service Provider within the Portal, in particular services consisting in granting access to the Materials, User Account, Newsletter or other.

II. General information

1. These Terms and Conditions shall determine the terms, scope and conditions of using the Services provided by the Service Provider in the Portal by the Users.

2. Before using the Services, please read carefully these Terms and Conditions. By starting to use the Services, the User confirms that he has read and accepted the Terms and Conditions and its provisions and has undertaken to abide thereby.

3. The Portal shall provide in particular the following Services:

1) Making the Materials available free of charge directly from Users;

2) Making the Materials available against payment for opening a given Material (paid Materials);

3) Making the Materials available under subscription;

4) Newsletter.

4. The fees charged for the use of individual Services shall be calculated according to the provisions specified herein as per the Price List.

5. The use of an individual Service may be regulated by the provisions of the detailed terms and conditions. In such a situation, the use of such a Service shall depend on the User’s acceptance of both these Terms and Conditions and the applicable detailed terms and conditions.

6. The Service Provider may limit the use of individual Services for Users who access the Internet from outside the specific territory.

7. In order to properly use all the Services within the Portal, it is necessary to be connected to the Internet with the real throughput of at least 2 Mbit/s, and furthermore:

1) on mobile or desktop computers the following is required:

a. a browser supporting HTML5 standard, in particular: Google Chrome 34, Mozilla Firefox 30, Safari 5, Internet Explorer 9, MS Edge,

b. an operating system with at least Windows 7 , Ubuntu 13,

c. enabled Java Script (cookies) and DRM technological protection measures: Widevine Modular, Fair Play or Play Ready.

d. In case of some parts of the Portal, in order to take full advantage of its functionalities, it may be necessary to enable the SSL protocol in the browser,

2) On mobile devices – an operating system not older than iOS 7.0 or Android 4.03 is required. The operating system of the mobile device cannot be modified by the so-called “rooting” or “jailbreak” process and must come from an official distribution source of the manufacturer of the operating system.

8. Before using the Services, the User is obliged to check whether the device whereon they want to use the Service meets the technical requirements specified herein. In case of any doubts with regard to technical capacity to use the Services, in particular with regard to the software installed on the User’s Device, the User may obtain the necessary information by sending an e-mail to the following address: support@topleveltennis.com.

9. The Service Provider provides Services to the User within the Portal on the basis of a contract concluded between the Service Provider and the User, under the provisions specified herein. During the provision of the Services, the User is obliged to observe the provisions hereof.

10. The Service Provider expresses their will to be bound by the contract for the provision of Services upon making a given Service available on the Portal. The User expresses their will to be bound by the contract for the provisions of Services upon demanding the activation of a given Service (or at any other moment specified in the detailed terms and conditions therefor). However, in the case of Materials made available against payment, the contract between the Service Provider and the User is concluded upon ordering the Access Code by the User, and in the case of Services provided under subscription, upon choosing the type and duration of subscription and making the payment by the User according to the provisions of point V hereof. The contracts for the provision of Services may be concluded provided that these Terms and Conditions are accepted. However, the Service Provider may make the use of a given Service subject to the acceptance hereof in electronic form.

11. The User is obliged to use the Portal in a manner consistent with the applicable law, social and moral norms and the provisions hereof. In particular, the User shall:

1) comply with the prohibition of providing illegal content by the Users;

2) not use the Materials and other elements of the Portal or the Portal as a whole in any way that violates these Terms and Conditions, including in any way that violates the rights of third parties;

3) not interfere with the operation of computer systems, servers, the Service Provider’s network and not attempt to circumvent regulations or procedures applicable to the use of the Services or their components, nor tamper with the shape or content of the Portal, and in particular, it shall be prohibited to:

a. hinder the use of the Portal by other individuals;

b. circumvent any technical security measures, in particular those limiting the use of the Services for Users from outside the specific territory;

4) not use the Portal in order to collect personal data or other information concerning other Users of the Portal;

5) not make adult Materials available to minors and use appropriate measures to make such Materials unavailable thereto;

6) not save the Materials using any technical measures, nor multiply, sell or otherwise market or distribute the Materials, in whole or in part, or interfere with the Materials.

12. If the User uses the Portal, its websites or Materials in a manner that is against the law, social norms, principles of civil conduct or these Terms and Conditions, in particular Article 11 hereinabove, immediate cessation of the provision of Services to such a User shall be justified. Such conduct may also result in taking appropriate legal action.

13. The Service Provider may qualify and mark Materials as intended for adults, in particular any Materials containing drastic or vulgar material. The Service Provider shall mark Materials in such a way that the User can easily recognise such marking both at the time of selecting the Material and after opening such Material. If Materials are marked as “for adult only”, using them is synonymous with confirmation that the User is at least 18 years old. The Service Provider may restrict access to adult Materials or introduce a functionality to confirm the age of the User.

14. The Materials on the Portal are available in Polish. Depending on the Material, it may be a voice-over, dubbing or subtitles.

15. The Terms and Conditions also apply if the User uses the Services via applications on mobile devices and TV sets.

III. Terms and conditions of sharing Materials

1. All rights to the works constituting a part of the Portal, in whole or in part, in particular to the Materials and other text, graphic and multimedia components, as well as the components of programming applications generating and supporting the Portal’s pages, are reserved for the Service Provider or any other entity wherefrom the Service Provider has obtained a license.

2. The User is entitled to use the Materials under the conditions and at the time specified herein.

3. The Service Provider does not guarantee uninterrupted availability of the Materials or the playback quality parameters to the extent they depend on the throughput of the Internet network between the Service Provider and the User and other factors independent of the Service Provider, including the device whereon the Materials are displayed. The Service Provider informs that technical problems or limitations occurring on the computer equipment used by the User (firewalls, incorrect versions of the media player, antivirus programs and others) may limit or prevent the User from accessing the Services.

4. The Service Provider reserves the right to withdraw Materials available on the Portal.

5. The Service Provider provides the Materials to the User free of charge or against payment. If the Service Provider does not charge the User directly, obtaining access to the Materials may depend on watching commercial materials by the User. Access to Services free of charge is obtained by the User by opening a relevant website of the Portal.

6. The User gains access to paid Materials:

1) upon entering the correct Access Code or

2) as part of subscription.

7. The prices indicated in the Price List at the time of concluding the contract are binding for the User and the Service Provider.

8. The Service Provider, while maintaining the User’s acquired rights and within the limits allowed by the applicable provisions, reserves the right to change the prices of paid Services offered by the Portal, carry out temporary promotional and discount campaigns, including introducing changes thereto. Promotions and discounts do not add up. Any changes made in the above manner do not affect the access to Paid Services previously purchased by the Users.

9. The cost of Internet connection shall be borne by the Users themselves.

10. The User pays for the playback of paid Materials using the Access Code by activating it in the manner and on the date specified in paragraph 9, upon request. Detailed information on the price of paid Materials, the value of the available Access Codes and duration wherefor you can play the Material using the Access Code from the time you receive it are specified in the Price List.

11. The User acquires the Access Code through the Payment Operator as a result of making a payment. Delivery of the Access Code takes place according to the rules specified by the Payment Operator, in particular by sending it to the User using a short text message to the telephone number or e-mail address provided thereby.

12. The Access Code is activated when entered in a designated place on the pages of the Portal, i.e. in the payment method tab for a given Material (which opens as a result of a request from the User’s browser to play selected paid Material), upon requesting to play selected Material by the User via browser.

13. If a previously activated Access Code is still active for a particular Device, the new Access Code will be activated automatically upon the expiry of the previously activated Access Code.

14. The Access Code expires and cannot be reused, and the User has no right to withdraw from the contract for the provision of Services or to a refund of the fee paid therefor in the following cases:

1) at the moment of its first entry in the designated place on the Portal pages;

2) if the User has not activated it within 30 (thirty) days of its purchase;

3) if the User, upon activating the Access Code on a mobile device or a TV set, has removed the application wherewith they activated the Access Code.

15. The risk of losing the Access Code in the period between its acquisition and activation is borne by the User.

16. Once the Access Code has been entered, the Material may be played repeatedly within 24 (twenty-four) hours after the entry of the Access Code (except for Live Streaming, which may only be played during the transmission) and only on the Device and via the Internet browser whereon the Access Code has been entered. Removing cookies from the browser referred to in the previous sentence prevents further use of the Material.

IV. User Account

1. The Service Provider allows the User to register an individual User Account free of charge.

2. The User Account may be registered by a person who is 16 years old or older.

3. One User may have no more than one Account in the Service.

4. The use of some Services requires the registration of a User Account by the User, in particular in order to gain access to subscribed Materials. The obligation referred to in the preceding sentence may be indicated on the relevant pages of the Portal or in detailed terms and conditions concerning particular Services.

5. The application for registration of a User Account shall be submitted by filling in an electronic form available on the Portal websites, in particular:

1) providing first and last name(s) and address of residence,

2) providing PESEL number or, if not available, the number of either passport or identity card or any other identity document;

3) providing a working e-mail address;

4) choosing a display name and password;

5) granting consent to the processing of personal data by the Service Provider;

6) a statement that the User has read the provisions of the Privacy Policy and accepts the Terms and Conditions.

Moreover, during the registration process, the User has the possibility to give, at their own discretion, consent to the processing of personal data by the Service Provider for marketing purposes and to give consent to receive commercial information by e-mail to the e-mail address provided thereby. The above consents are optional and do not condition the registration in the Portal or the possibility of concluding a Contract to access the Services.

6. Acceptance hereof in order to provide the Services is voluntary. However, in order for the User to register in the Portal, it is required to check this option, which means that the User’s personal data may be processed by the Service Provider in order to perform the contract.

7. The User Account is registered upon confirming that the e-mail address provided by the User is valid by way of connecting to the Portal’s website via a link sent to the e-mail address provided in the application.

8. After the registration process has been successfully completed, the User receives a User Account which enables the use of the Portal. Using some of the services provided through the Portal requires making a payment in accordance with the Terms and Conditions and the Price List.

9. The Service Provider is not liable for damages that may arise as a result of losing the password or making it available to other people or taking it over by third parties, if the Service Provider is not at fault for such provision or takeover.

10. The User has the right to delete their User Account by checking the “Delete Account” option. Deleting the Account by the User for reasons not related to the Service Provider does not entitle them to demand a refund of payments for already activated pending services.

11. By registering, the User is solely responsible for the correctness, content and form of any data and information provided thereby. Providing false data and information, especially data of third parties or fictitious data is prohibited. The User providing such data or information shall be responsible therefor, in particular towards the Service Provider.

V. Subscription

1. As part of the subscription, a User who has an active User Account and has made payments according to the following terms and conditions, in accordance with the Price List, is entitled to access the Services. Upon selecting the type and duration of subscription and making the payment by the User, an additional agreement for the provision of Services under subscription is concluded between the Service Provider and the User.

2. As part of the subscription, the User is granted access to the Materials available in the catalogue at the following Internet address: http://www.topleveltennis.com. The catalogue of Materials available under subscription is subject to changes.

3. The User may access the Services under:

1) recurring or

2) periodical subscription plan.

4. When logged into the User Account under subscription, the User may display no more than 4 (four) Materials at a time, regardless of the number of devices and Internet browsers used for that purpose.

Access under periodical subscription plan

5. A User who has an active User Account may access the Services for a selected period of time by selecting the duration of the subscription and making payments in accordance with the currently applicable Price List.

6. The periodical subscription may last:

1) 1 month

2) Lifetime

where a month means 30 (thirty) consecutive calendar days and a year means 365 (three hundred and sixty-five) consecutive calendar days.

7. The User makes payment on the website of the Payment Operator by selecting one of the payment methods made available thereby.

8. To the extent not covered hereby, the execution of a payment under the periodic subscription plan takes place on the basis of the terms and conditions for provision of electronic services by the Payment Operator.

VI. Newsletter

1. The User may express a desire to receive information about the Portal and other activities of the Service Provider via e-mail.

2. The User expresses the desire to use such service by entering their e-mail address in the form available on the main page of the Portal and accepting the Terms and Conditions and the Privacy Policy or setting the applicable preferences in the User’s Account.

3. Providing the electronic address is construed as giving consent to send the User commercial information from the Service Provider. Detailed information on personal data protection is included in the Privacy Policy, available on the Portal.

4. Resignation from the Newsletter requires connecting to the website of the Service Provider using the Internet address specified at the end of each message sent as part of the newsletter service.

VII. Withdrawal from the contract

1. A User who is a consumer within the meaning of the provisions of the Civil Code shall have the right to withdraw from the contract for the provision of the Service for convenience within 14 (fourteen) days from the date of its conclusion.

2. A User who is a consumer within the meaning of the provisions of the Civil Code, shall not have the right to withdraw from the contract for the provision of the Service if, before the lapse of 14 (fourteen) days from the date of conclusion thereof, the Service Provider began to provide digital content that is not stored on a material carrier, upon the express consent of the consumer and after informing such a consumer by the Service Provider of the loss of the right to withdraw from the contract, in particular if the User has activated the Access Code in accordance with point III, clause 11 or has agreed to commence the provision of Services thereto under subscription.

3. In case of a Service provided free of charge, the right to withdraw from the contract shall be exercised by closing the Portal website.

4. In the case of paid services, the right to withdraw from the contract is exercised by the User by making an appropriate statement in electronic form and sending it by e-mail to office@topleveltennis.com or in writing to the address:

TopLevelTennis.com Sp. z o.o.

ul. Grzegórzecka 67d/26

31-559 Krakow

which may read as follows:

“I would like to inform about my withdrawal from the contract for the provision of electronic services by TopLevelTennis.com Sp. z o.o. via the website www.topleveltennis.com.

Date of contract:

Name of the consumer:

Address:

Date:

E-mail address provided when registering the User Account:

Signature (only required for mail).”

5. In order to observe the deadline for the withdrawal from the contract, it is sufficient for the User to send the information on the withdrawal before the lapse of the deadline indicated hereinabove. Upon receipt thereof, the Service Provider will immediately send a confirmation of receipt of such notice by e-mail to the e-mail address indicated by the User during registration.

6. In the case of effective withdrawal from the contract, the Service Provider shall return the fee received from the User within 14 days from the date of receipt of the notice of withdrawal from the contract.

VIII. Contact with the Service Provider, complaints and dispute resolution

1. The User may provide their opinions, comments and questions concerning, in particular, the Portal, the terms and conditions of publishing Materials and comments on possible copyright infringement:

1) using the contact form available on the website: http://www.topleveltennis.com. For this purpose, it is necessary to provide an e-mail address, first and last name and postal code of the User and accept the Terms and Conditions and the Privacy Policy;

2) by electronic mail to the address: support@topleveltennis.com;

3) by mail, to the address of the Service Provider: ul. Grzegórzecka 67d/26, 31-559 Kraków;

2. Any complaints, in particular with regard to non-delivery of the Access Code despite making payment, incorrect playback of the Materials, irregularities in the functioning of the Access Code after its activation and incorrect verification of the subscription payment should be reported to the Service Provider by e-mail to the address: support@topleveltennis.com or the contact form referred to in Clause 1.

3. The complaint referred to in Clause 2 shall include, at least:

1) e-mail address or address whereto correspondence should be sent to the User,

2) description of the subject matter of the complaint, including in particular the Access Code, if the complaint pertains thereto, the date and time of the occurrence of the problem, the title of the Material concerned, the date of payment of the subscription, if applicable,

3) the e-mail address specified in the User Account – in the case of complaints about Services available under subscription.

4. The Service Provider shall respond to a complaint submitted in accordance with Clause 2 no later than 14 days from the date of receipt thereof, and in particularly complex cases no later than within 30 days.

5. The Service Provider shall provide the User with a response to the complaint in accordance with Clause 4, in writing, on paper or via e-mail to the address specified thereby in accordance with Clause 3(1).

6. Any disputes between the Service Provider and the consumer pertaining to the provision of digital content may be settled amicably before an arbitration court under the provisions set forth in the rules of that court, e.g. before permanent consumer arbitration courts attached to the voivodeship inspectorates of trade inspection.

7. A case may be examined by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree thereto. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure.

8. A user who is a consumer may use an out-of-court dispute resolution before the Permanent Consumer Arbitration Court at the Voivodeship Inspectorate of the Trade Inspection. Information about the procedure and a list of entities authorized to settle consumer disputes is available at the following address: click here
A user who is a consumer may also use the EU internet platform available at the following address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

IX. Protection of personal data

1. Processing of personal data of the User who is a natural person, in connection with the performance of the contract for provision of Services by electronic means may concern: first and last name(s), PESEL number and, if PESEL is not available, identity card number, passport number or any other identity document, address of residence and e-mail addresses specified when creating the User Account.

2. The Service Provider represents that they apply technical and organizational measures to ensure the protection of personal data adequate to the risks and categories of data under protection, and in particular protects the data against unauthorized access, appropriation by an unauthorized person, processing in violation of applicable law and change, loss, damage or destruction of the data.

3. The protection of Users’ personal data, the terms and conditions of collecting data using cookies and other privacy-related matters within the Portal is regulated by the Privacy Policy available on the Portal’s websites at: http://www.topleveltennis.com.

X. Changes to the Terms and Conditions

1. These Terms and Conditions may be changed by the Service Provider according to the provisions set out hereinbelow, to the extent permitted by the applicable provisions and the User’s acquired rights.

2. If the Terms and Conditions are changed, their new version will be published in the Portal together with information about the date of their entry into force.

3. The relations between the Service Provider and the User are governed by the Terms and Conditions in force on the day of concluding the agreement for the provision of a given Service until the User accepts the new Terms and Conditions.

4. The consequences of not accepting the new Terms and Conditions are determined each time by the Service Provider, taking into account the nature of the changes introduced herein, whereof the Service Provider shall inform the User together with publication of the new Terms and Conditions.

5. Changes hereto will be communicated to the Users on the Portal and during login of the User to the User Account.

6. When the information about changes in the Terms and Conditions is displayed on the main page of the Portal or in other places designated therefor, the User should immediately read such information, because logging in to the User Account after such information has been displayed constitutes unconditional acceptance of the new Terms and Conditions by the User.

XI. Final provisions

1. In matters not regulated herein, the applicable provisions of Polish law shall apply, including but not limited to the provisions of the Act on Consumer Rights, the Act on Provision of Electronic Services, the Act on Copyright and Related Rights and the Civil Code.

2. Should any of the provisions hereof be considered invalid, illegal or unenforceable, it shall not affect the validity, legality and enforceability of the remaining provisions.

3. The Service Provider undertakes to exercise due diligence in providing their services.

4. The liability of the Service Provider for lost profits in case of non-performance or improper performance of the contract by the Service Provider is excluded, unless the User is a Consumer.

5. The liability of the Service Provider for damage caused by non-performance or improper performance of the contract is limited to the amount equal to the received remuneration or price from the User. If the Agreement is concluded with a Consumer, the Service Provider is liable for the above in the amount of actual damage.

6. The Service Provider makes a reservation that the use of services provided electronically may involve risk. Possible risks associated with the use of these services, as well as the technical means available to the service users in order to minimize such risks, are specified in the Information about the specific risks associated with the use of services provided electronically by TopLevelTennis.com Sp. z o.o. by the users.

6. The Portal or individual websites within the Portal may periodically fail to function or operate incorrectly for technical reasons or due to maintenance works.

7. The body competent for on-demand audiovisual media services is the National Broadcasting Council:

Krajowa Rada Radiofonii i Telewizji

Skwer Ks. Kardynała Stefana Wyszyńskiego 9

01-015 Warsaw

Phone: (22) 597-30-00 fax (22) 597-31-80

www.krrit.gov.pl

8. These Terms and Conditions shall enter into force on 1st of June 2020.

9. The Terms and Conditions are made available free of charge via the Portal in a form that enables its downloading, recording and printing.

Attachment to the Terms and Conditions for the provision of services by electronic means

Information on specific risks associated with the use of electronic services provided by TOPLEVELTENNIS.COM Sp. z o.o.

TOPLEVELTENNIS.COM Sp. z o.o., in performance of the obligation under Article 6(1) of the Act of 18 July 2002 on the provision of services by electronic means ( Polish Journal of Laws Dz.U. of 2019, item 123, as amended) informs about specific risks related to the use of services provided by electronic means by users. The information in question concerns potential threats, which, however, should be taken into account despite the fact that TOPLEVELTENNIS.COM Sp. z o.o. applies safety measures protecting the TOPLEVELTENNIS.COM Sp. z o.o. ICT system against unauthorised actions of third parties.

The main risks associated with the use of the Internet include:

fraudulent attempt to obtain sensitive information such as passwords by disguising oneself as a trustworthy entity in an electronic communication (i.e. phishing);
spam – unsolicited or undesired e-mails sent in bulk, often including advertising content;
hacking into the user’s ICT system using tools such as exploit and rootkit.
malware – various types of applications or scripts designed to cause damage to the user’s ICT system, such as viruses, worms, Trojan horses, keyloggers, dialers;
spyware – programs that track a user’s actions and collect information about the user and send such information, usually without the user’s knowledge and consent, to the author of such program.

In order to avoid these risks, the User should equip their computer and other electronic devices that they use to connect to the Internet with an antivirus program. Such a program should be updated on a regular basis.

Protection against the risks associated with the use of electronic services by users can also be ensured by:

not opening e-mail attachments of unknown origin,
data transmission encryption,
installation of prevention programs (detection and prevention),
firewall ,
using original systems and applications from a legal source.
updating any and all software,
reading application installation windows and licenses,
disabling macros in MS Office files of unknown origin,
regular comprehensive scans of the system with antivirus and antimalware software.

Pursuant to the Broadcasting Act of 29 December 1992 ( Polish Journal of Laws Dz.U. of 2019, item 361, as amended):

– a media service is a service in the form of a programme or an on-demand audiovisual media service wherefor the provider bears editorial responsibility, with its principal purpose being the provision of programmes to the general public via telecommunications networks for information, entertainment or educational purposes; commercial communication is also a form of media service;

– a media service provider is a natural person, a legal person or a commercial partnership that has editorial responsibility for the selection of the content for a media service and determines the way in which that content is compiled, being a broadcaster or an on-demand audiovisual media service provider;

– an on-demand audiovisual media service is a media service provided in the course of a business activity consisting in making audiovisual programmes available to the public on the basis of a catalogue created by the service provider;

– making an on-demand audiovisual media service publicly available refers to the provision of such service in a way that enables the general public, at a time selected thereby and on demand, to receive a programme of their choice from a catalogue made available as part of such a service.

Consequently, the provision of training films on topleveltennis.com will constitute on-demand audiovisual media services. This involves fulfilling obligations and respecting prohibitions under the Broadcasting Act.

Obligations of providers of on-demand audiovisual media services:

Article 47c(1) – ensure that users have easy, direct and continuous access to information enabling the identification of the service and the provider of an on-demand audiovisual media service and, in particular, to information about:

1) name of the on-demand audiovisual media service;

2) name or business name of the service provider;

3) address of the provider’s registered office;

4) contact details, including the mailing address, e-mail address and website;

Article 47c(2) – designate the National Broadcasting Council as the competent authority for matters connected with on-demand audiovisual media services;
Article 47e(2) – appropriate qualification and designation of programmes and other communications, taking into account the degree of harmfulness of the programme or other communication to minors in different age categories, in such a way that the user can easily recognise the designation both at the time of selecting the programme and during playback;
Article 47f(1) – promote European programmes, including those originally produced in Polish, in particular by:

1) appropriate marking of the origin of the programmes available in the catalogue and creating a search option for European programmes, including those originally produced in Polish, or

2) placement of information and materials promoting European programmes, includingprogrammes produced originally in the Polish language;

Article 47f(2) – allocate at least 20% of the content of the catalogue to European programmes, including those originally produced in Polish, and ensure that those programmes are adequately visible in the catalogue; this shall not apply to the catalogues wherein only non-European audiovisual programmes are made available.
Article 47i – retain copies of programmes made available to the public for no less than 28 days from the date of their removal from the catalogue and present them to the Chairman of the National Boradcasting Council upon receipt of the request referred to in Article 10(2);
Article 47j(1 – 3) – submit annual reports to the National Boradcasting Council on the performance of the obligations referred to in Article 47e and Article 47f by 31 March for the previous year. The report shall include:

1) data of the provider as defined in the Article 47c(1) together with the description of the manner of providing on-demand audiovisual media service to the general public;

2) the description of the types of technical security measures or other appropriatemeasures aimed at protecting minors from the reception thereof, used by the provider;

3) the description of the promotional strategy for European programmes, including programmes originally produced in Polish, applied by the provider, including theparticipation of these programmes in the catalogue in terms of volume and time.

Prohibitions to be observed by providers of on-demand audiovisual media services:

Article 47e(1) – It shall be prohibited to provide to the general public any on-demand audiovisual media services that contain programmes or other broadcasts that are dangerous to the physical, mental or moral development of minors, in particular those containing pornography or exhibiting gratuitous violence, without using technical security measures or other appropriate measures aimed at protecting minors against thereagainst.
Article 47h – Programmes provided as part of on-demand audiovisual media services may not contain contents inciting to hatred or discriminating on grounds of race, disability, sex, religion or nationality.
Article 16b (1–3a) in connection with Article 47k:
It shall be prohibited to broadcast commercial communications for the following goods andservices:

tobacco products, tobacco accessories, products imitating tobacco products ortobacco props and symbols related to the use of tobacco, to the extent regulated in theAct of 9 November 1995 on Protection of Health Against the Effects of Use ofTobacco and Tobacco Products (Polish Journal of Laws Dz.U. of 2018, item 1446 and 227);
alcoholic beverages, to the extent regulated in the Act of 26 October, 1982 onUpbringing in Sobriety and Counteracting Alcoholism (Polish Journal of Laws Dz.U. of2018, item 2137 and 2244);
health services as defined in regulations on medical treatments provided exclusively on the basis of a doctor’s referral;
medicinal products, to the extent regulated in the Act of 6 September 2001 “Pharmaceutical Law” (Polish Journal of Laws Dz.U. of 2017, item 2211, as amended1));
cylindrical games, card games, dice games, mutual bets, slot machines, to the extentregulated in the Gambling Act of 19 November 2009 (Polish Journal of Laws Ds.U. of 2018, item 165, 650, 723, 1629 and 2354);
psychoactive substances or narcotics and foods or other products, to the extent regulated by the Act of 29 July 2005 on Counteracting Drug Addiction (Polish Journal of Laws Dz.U.of 2018, item 1030, 1490 and 1669);
solarium services, to the extent regulated by the Act of 15 September 2017 on health protection against the consequences of using a solarium (Polish Journal of Laws Dz.U. item 2111).
It shall be prohibited to broadcast commercial communications that:

directly exhort minors to purchase products or services;
encourage minors to exert pressure on their parents or other persons to persuadethem to purchase the advertised products or services;
exploit the trust minors have in parents, teachers or other persons,
unreasonably show minors in dangerous situations;
are of a subliminal nature.
Commercial communications shall not:

violate human dignity;
contain content that discriminates on the basis of race, sex, nationality, ethnic origin, religion or belief, disability, age or sexual orientation;
hurt religious or political beliefs;
threaten the physical, mental or moral development of minors;
encourage behaviour dangerous to health, safety or the environment.
Children’s programmes shall not be accompanied by commercial communications that promote foods or beverages containing ingredients that are not recommended in excessive amounts in a healthy diet;

Cf. Regulation of the National Broadcasting Council on sponsoring programmes or other broadcasts of 6 July 2000, ( Polish Journal of Laws Dz.U. of 2014, item 203)

Article 16c in conjunction with Article 47k – the following shall be prohibited:

surreptitious commercial communications,
product placement, subject to Article 17a;
thematic placement.
Article 17(5), (6a), (7) in conjunction with Article 47k. – the following shall be prohibited:
subject to Clause 6, programmes or other broadcasts may not be sponsored by:

political parties;
trade unions;
employers’ organisations;
natural or legal persons whose principal activity consists in the production or sale ofproducts or the provision of services referred to in Article 16b(1).

sponsorship of programmes or other broadcasts by entities that conduct business activity in the area of cylindrical games, card games, dice games, mutual betting and slot machines.
Sponsorship of the following programmes shall be prohibited:

news services, except for sports and weather forecasts;
commentaries on social and political topics;
consumer and practical advice programmes
election programmes or those directly related to the election campaigns.
Article 17a(6) in connection with Article 47 – Product placement for goods or services referred to in Article 16b(1) shall be prohibited.

Furthemore:

Article 47d – Product placement in programmes and sponsorship of programmes may not affect the autonomy and editorial independence of the provider of the on-demand audiovisual media service, in particular by affecting the content or place of programmes in the catalogue, and shall not release the provider from liability for the content of programmes;
Article 47g – Providers of on-demand audiovisual media services shall aim at gradually ensuring the availability of programmes for disabled persons with visual and/or hearing impairment by providing appropriate tools therefor;
Article 16(1) in conjunction with Article 47k – commercial communications shall be readily recognizable;
Article 17(1) – (2), (4) in conjunction with Article 47k – recipients shall be clearly informed about sponsoring. Sponsored programmes or other broadcasts shall be identified as such by sponsor credits at the start and the end of the programme, and when a programme resumes after commercials or a teleshopping break. Such credits may specify only the sponsor’s name, business name, trademark or contain some other identification mark of the business entity or its business activities, areference to its products, services or a trademark. The identification of the sponsor or any component thereof may not directlyencourage the purchase or rental of goods or services, in particular by making specialpromotional references thereto. Identification of the sponsor may not contain the name, business name, trademark orother identification of the business entity or its business activities, as well as any products or services, the advertising whereof shall be prohibited under Article 16b(1). Sponsored programmes or other broadcasts may not encourage the purchase or otheruse of the products or services of the sponsor or a third party.
Article 17a(1) – (3) and (5) in conjunction with Article 47k:
Product placement shall be allowed exclusively:

in cinematographic works, films or series made for audiovisual media services, as well as sports and entertainment programmes, or
where goods or services are made available free of charge for use in a programme, in particular as props or prizes

– with the exception of children’s programmes.

Programmes that contain product placement shall be identified with a graphic sign at the start and the end of the programme, and when a programme resumes after commercials or a teleshopping break;
Neutral information on the producer or seller of the placed product or an entityproviding the placed service as well as information on the product or the service shall be provided at the end of the programme using product placement, which has been produced with or at the request of the broadcaster;
Broadcasts using product placement may not:

over-expose the product concerned;
directly encourage the purchase or rental of goods or services, in particular by making promotional references thereto.

Cf. Regulation of the National Broadcasting Council on detailed conditions of product placement of 30 June 2011 (Polish Journal of Laws Dz.U. No. 161, item 977)

Performance of the above obligations and compliance with the prohibitions shall be supervised by the National Broadcasting Council, whose tasks include, without limitation:

– supervising the activity of media service providers within the limits set forth in the Act,

– organising research into the content and reception of media services;

– monitoring the market of on-demand audiovisual media services for the purpose ofidentifying providers of on-demand audiovisual media services and evaluating theircompliance with obligations under the Act,

Infringement of the above obligations and/or prohibitions may result in the imposition of an administrative fine of up to twenty times the average monthly salary in the business sector – Article 53c(1).

In case of failure to deliver the report within the time limit referred to in Article 47j(3), the person in charge of the activity of the entity providing on-demand audiovisualmedia services in the amount not exceeding PLN 1000.00 – Article 53d(1).

Loss of the right to withdraw from the Agreement:

Pursuant to Art. 38, section 13, of the Consumer Rights Act of 30 May 2014 (the Official Laws Journal “Dz.U:” of 2014, item 827, as amended), consenting to the Service Provider’s commencing their performance of the service of delivering digital content, which is not recorded on a material data storage device, prior to the lapse of the 14-day-term to withdraw from the Remote Agreement, means automatically the Consumer’s loss of the right to withdraw therefrom. The loss of the right to withdraw from the Agreement takes place at the moment of access to the Products.