§ 1.
[General provisions]
1. These regulations define the terms and conditions of using the website www.dziennikhodowlany.pl (and other from §2.) By users as well as the rules for obtaining information, directing inquiries through the website.
2. DziennikHodowlany.pl is a platform that allows you to keep an electronic journal
for exotic animals, where users can store various types of data with the option of
filtering, generating charts, statistics and reports.
3. The owner of the DziennikHodowlany.pl website is XIT DAMIAN LACH, Wierzbie 11A, 26-015
Pierzchnica, REGON: 369878863, NIP: 6572488879, entered into the Central Register and
Information on Economic Activity.
4. In order to use the service, please read these Regulations and the Privacy Policy.
By registering on the website, you accept the Regulations and the Privacy Policy.
5. The terms used in the regulations mean:
a. Application - a multilingual online platform operated by the Service Provider at
www.dziennikhodowlany.pl and an application available for mobile devices
(Mobile Application) operating on the basis of the following operating
systems indicated in these Regulations;
b. Service Provider – XIT DAMIAN LACH, Wierzbie 11A, 26-015 Pierzchnica,
REGON: 369878863, NIP: 6572488879, entered into the Central Register and
Information on Economic Activity;
c. Service - a full range of services provided electronically by the Service
Provider to Users in the scope specified in the Regulations. The essence of
the service is to enable access via the Internet to the services of the
Dziennikhodowlany.pl website and enable Users to use the resources
offered by the Service Provider;
d. Account - an individualized IT record created by the Service Provider for the
User in order to use the services provided in the Application and to collect
the necessary information for this purpose. Access to the Account is
provided by the login, which is the e-mail address provided during
registration and the password;
e. User - a natural person over 16 years of age, a person running a sole
proprietorship, as well as a person authorized to independently represent
a legal person who uses the resources of the Application;
f. Regulations - this document together with the Privacy Policy, which is an
integral part of the Regulations. All documents are available on the website.
6. Users may contact the Service Provider by e-mail to the following e-mail address:
breedingdiary@gmail.com.
§ 2.
[Language versions - domains]
1. Application running under the following domains:
a. polish: https://dziennikhodowlany.pl
b. english: https://breedingdiary.com
c. czech: https://chovatelskydenik.com
d. german: https://zuchttagebuch.com
e. spanish: https://diariodecria.com
f. italian: https://diariodiallevamento.com
g. french: https://journaldelevage.com
§ 3.
[Services provided through the Application]
1. The Service Provider does not charge any fees for the provision of Services to
Users, the use of the Application is free of charge.
2. The essence of the Services is to enable access via the Internet to the Application,
through which the Service Provider provides, inter alia, the following types of
Services:
a. Keeping a breeding diary,
b. Creating charts, statistics and reports,
c. Newsletter - the service is currently unavailable,
d. Adding and storing photos,
3. The conclusion of the contract for the provision of Services, with the exception of
the Newsletter Service, takes place at the moment of submitting the account in the
Application. The contract is concluded for an indefinite period. The User may
terminate the contract for the provision of the above-mentioned Services at any
time, in the manner specified in these Regulations.
4. The conclusion of the contract for the provision of the Newsletter service takes
place upon the full and correct subscription to the Newsletter via the Application.
The contract is concluded for an indefinite period. The User may terminate the
contract for the provision of the above-mentioned services at any time by
completing the procedure provided by the Service Provider after pressing the
"Unsubscribe" button.
§ 4.
[General rules of using the Application]
1. In order to be able to use the Services available through the Website or via mobile
devices, the User must meet the following technical requirements:
a. have a computer, laptop, mobile phone or other device with Internet
access;
b. have access to e-mail;
c. use a web browser (Internet Explorer 10.0 or newer, Microsoft Edge 10.0 or
newer, Mozilla Firefox 40.x or newer, Opera 40.0 or newer, Google Chrome
50.0 or newer, Safari 5.0 and newer);
d. enable the option of saving cookies in the browser;
2. Moreover, the Application will be available to users of mobile devices operating on
the basis of the following operating systems:
a. Android - version 4.4. or newer,
b. iOS - version 8 or newer.
3. The condition for using the Mobile Application is its free download from the
appropriate store and its proper launch on the mobile device and an active account
in the web application.
4. The mobile application can be downloaded from the online store:
a. App Store (for iOS system),
b. Google Play (for Android system).
5. Any actions taken by Users should comply with applicable law and morality.
6. It is forbidden to use the Application in any way to the detriment of other Users,
the Service Provider and third parties.
7. Each User undertakes to:
a. use the provided functionalities and resources of the Application in
accordance with its purpose;
b. compliance with the principles of Polish law,
c. respect for the rights and personal rights of other Users,
d. not to act to the detriment of other Users, the Service Provider and third
parties.
8. The content posted by Users in the Application is their property and only they are
responsible for any infringement of third party rights.
9. It is completely forbidden and constitutes a violation of the Regulations, posting in
the Application content that contains provisions that are contrary to the law or
decency, in particular pornographic, vulgar, defamatory, offending religious
feelings, calling to racial, ethnic, religious hatred, promoting phonographic,
computer piracy, and disseminating data breaking techniques, viruses and any
other materials similar in content and operation.
10. The Service Provider has the right to edit and delete content posted by Users to
the extent that it contains illegal content. All illegal content will be removed by the
Service Provider within 3 days of receiving notification of their existence.
§ 5.
[User registration]
1. User registration is a condition of access to the Application resources.
2. The registration form is available at www.dziennikhodowlany.pl
3. Registration of the User is tantamount to creating an Account in the Application
and concluding an Agreement between the Service Provider and the User for the
provision of services by the Service Provider on the terms set out in these
Regulations.
4. The condition for proper registration is filling in the mandatory fields indicated in
the form, accepting the Regulations and clicking on the field "Register".
5. The following data must be provided as mandatory in the registration procedure:
a. Name,
b. Surname,
c. e-mail,
d. mobile phone number,
e. password.
6. Password must be at least 8 characters long, with one uppercase letter and one
number.
7. After correctly completing the registration form and clicking on the "Register" field,
the entered data is automatically sent to the Service Provider in order to create an
Account.
8. The user receives an activation code / link to the e-mail address provided in the
registration form.
9. Entering the sent activation code in the "Account Activation" field / clicking on the
activation link completes the registration and creates a User Account in the
Application.
10. The User receives information about activating his Account via a message
displayed on the screen of the device.
§ 6.
[User login]
1. The User who has registered the Account in the manner described in § 4 of the
Regulations uses the resources of the Application after logging in to the domain
https://dziennikhodowlany.pl/admin/users/login.
2. In order to log in to the Application, the User enters the e-mail address and
password provided during registration and selects the "Log in" field.
3. The User may use the "Remember me" function, which facilitates logging in to the
Application in the future.
4. A user who does not remember the password may use the "Forgot password"
function and after entering the e-mail address he provided during registration as
an e-mail used for the Application, he will receive a key to restore the password.
§ 7.
[Account deactivation]
1. The User may request deactivation of his Account at any time.
2. In the case referred to in paragraph. 1 The User sends a request to deactivate the
Account via the form available in the Application.
3. Deactivating the Account is associated with the loss of the ability to use the
Application until the Account is reactivated. Despite the deactivation of the
account, the data stored in the Application will not be deleted.
§ 8.
[Deletion of the account]
1. The User may at any time request the deletion of his Account.
2. In the case referred to in paragraph. 1 The User sends a request to delete the
Account via the form available in the Application.
3. Removal of the Account is associated with the loss of the ability to use the
Application and the loss of data stored during the use of the Application.
§ 9.
[Responsibility. Access and use of the Application]
1. The Service Provider undertakes to take all measures to ensure correct, safe,
continuous and error-free access to the Application.
2. The service provider is not responsible for:
o actions taken by Users;
o failure to meet the specific requirements of the User, other than those
resulting from the general assumption of the Application;
o correctness, credibility and accuracy of the data obtained while using the
Application;
o temporary technical errors occurring during the operation of the
Application;
o defects of data entered into the Application by Users;
o actions and omissions of third parties and other forces over which the
Service Provider has no control
3. The Service Provider is not liable for damages (also in the form of lost profits),
image infringement, interruptions in the operation of the enterprise, loss of data
or other economic information or other property losses, resulting in particular
from:
o inability to use the Application,
o use of the Application,
o no access to the Application, data, information, messages published or read
in the Application,
o error in the functioning of the Application,
o unauthorized third party access to data,
o impact of third parties,
o and any other causes related to the Service, regardless of whether the
losses, violations and losses were a direct or indirect result of the event.
4. The Service Provider is not liable for damages caused by third parties who have
accessed the Application using correct data (login and password) of any User to
gain access.
5. The Service Provider is not responsible for any system disruptions caused by
technical problems in the computer hardware and software used by the User, as
well as Internet failure, force majeure or unlawful interference of third parties,
which prevent the User from using the Application and the Service offered through
it.
6. In the event of notification of an unauthorized person access to the Application,
the Service Provider will take immediate steps to secure the collected data.
7. The Service Provider will carry out regular backups of the data placed on the
Application in order to minimize the risk of data loss through the actions of
unauthorized persons or technical errors in the functioning.
8. The Service Provider has the right to make changes to the Service and Application
in connection with the ongoing work on improving and modernizing the
Application. In particular, the Service Provider has the right to change the
functionality of the Application.
§ 10.
[Complaints related to the technical functioning of the Application]
1. Each User is entitled to file a complaint for any irregularities in the Application's
operation within 14 days of the occurrence of such irregularities. The complaint
should be submitted by e-mail sent to the following
address: breedingdiary@gmail.com . The description of the irregularity should
enable the Service Provider to identify the problem and repair it.
2. The Service Provider will consider the complaint within 14 calendar days from the
date of receipt of the complaint.
3. In the event of a serious technical error, the Service Provider reserves the right to
limit access to the Application and the Service and the User shall not be entitled to
any claims on this account.
4. All possible errors in the functioning of the Application, comments and information
about the operation of the Application and the Website, as well as violations of the
Regulations, should be reported to the Service Provider by e-mail.
§ 11.
[Intellectual Property Rights]
1. All materials, including graphic elements, the layout and composition of these
elements, trademarks and other information available in the Application and on
the Website are subject to the exclusive rights of the Service Provider. The
indicated elements are the subject of proprietary copyrights, industrial property
rights, including rights from trademark registration and rights to databases, and
as such they enjoy statutory legal protection.
2. Downloading or using the materials available in the Application in any way requires
the written consent of the Service Provider and may not violate the provisions of
these Regulations and generally applicable law, and may not infringe the interests
of the Service Provider and Users.
3. It is forbidden to modify or copy elements of the Website and the Application.
4. The creation of websites and applications similar or identical to the Application,
which mislead recipients and may give the impression that they come from or are
related to the Service Provider, is a tort under the Act on Combating Unfair
Competition.
§ 12.
[Personal data protection]
1. Users' data will be used only for the purpose for which they were made available
and the Service Provider undertakes not to disclose them to third parties, other
than other Users who are lessors, if the User's actions will require it, unless
generally applicable regulations provide otherwise.
2. Detailed regulations regarding the protection of personal data can be found in the
Privacy Policy document available on the Website.
§ 13.
[Amendments to the Regulations]
1. The Service Provider reserves the right to change the Regulations at any time, in
particular due to changes in the provisions of applicable law or technical and
organizational changes in the manner of providing the Services, as well as in the
event of a change in the legal organization of the Service Provider's operations.
These changes will not affect complex, implemented or performed activities
carried out through the Application.
2. The Service Provider will inform Users about the changes and their content 14 days
before introduction. The information is provided to the User via e-mail sent to the
address provided during registration.
3. The User agrees to change the Regulations by selecting the appropriate box in the
Application under the text informing about the change in the Regulations.
4. If the User does not consent to the amendment of the Regulations, the User should
stop using the Application.
5. If the User does not take any of the above-mentioned actions, within 14 days from
the date of delivery of the information about the amendment to the Regulations,
the changes shall become effective as if the User had accepted the amendments
to the Regulations in the manner specified in this paragraph.
§ 14.
[Final Provisions]
1. In matters not covered by these Regulations, the provisions of generally applicable
law shall apply, in particular the Act of 23 April 1964 Civil Code and the Act of 30
May 2014 on consumer rights.
2. Polish law and the courts of Polish jurisdiction shall apply to any disputes arising
under these Regulations and the contract concluded by the User and the Service
Provider. The court competent to hear disputes arising between the Service
Provider and the User is the court competent for the seat of the Service Provider.
3. The regulations are valid from 04/03/2021.