Terms of use.

Last updated: 4 April 2018

1. Service description

The Website is made available to any person accessing the site (the “User”) to inquire about the sale of their mobile tower lease.

The Website is not a retail site and does not offer any remote commercial transactions.

The information on this Website is not contractual and is given in good faith as general information and contains no prejudicial recognition. The information in no case constitutes neither a service offer, nor a recommendation and/or offer for purchase or sale. It may be modified or withdrawn at any time.

The User remains responsible for the terms and conditions and consequences of accessing the Website, in particular via the Internet. This access may involve the payment of fees to technical service providers, such as Internet access providers, for which the User is responsible. In addition, the User must provide and be fully responsible for the necessary equipment to connect to the Website.

The User acknowledges that they have verified that the computer configuration that they are using is secure and in working order.

The information and services made available on the Website are available free of charge and are accessible 24 hours a day, 7 days a week, except in cases of force majeure, IT failures, maintenance operations or problems related to telecommunications networks.

2. Intellectual property and user license

The Operator is the sole owner of all the elements present on the Website, in particular and without limitation to all: texts, files, animated or still images, photographs, videos, logos, drawings, models, software, brands, visual identity, databases, structure of the Website and any other intellectual property, other data or information (hereinafter referred to as the “Elements”) that is protected by French and international intellectual property laws.

Consequently, none of the Elements of the Website may be, in whole or in part, modified, reproduced, copied, duplicated, sold, resold, transferred, published, communicated, distributed, circulated, represented, stored, used, rented or otherwise used, whether free of charge or for a fee, by a User or by a third party, regardless of the means and/or format used, whether known or unknown at this time, without the express prior written consent from the Operator on a case by case basis. The User is solely responsible for any unauthorised use.

3. Responsibility and guarantee

The User acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of any data transmission over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate with no interruption or functional fault. In particular, their operation may be temporarily interrupted for maintenance, updates or technical advances, or to change the Website’s content and/or layout.

The Operator cannot be held responsible for any use of the Website and its Elements by Users that violates these Terms of Use, as well as any direct or indirect damage that such use may cause to a User or third party. In particular, the Operator cannot be held responsible for false declarations made by a User and their behaviour in relation to third parties. If the operator’s liability is sought because of such behaviour in one of its Users, the latter undertakes to guarantee the Operator against any action taken against them and to repay the Operator all costs, including legal fees, incurred in their defence.

4. Personal data

The User is hereby informed that any personal data indicated as mandatory on forms and collected as part of the service described herein are necessary for the use of the Website. The following may be included in the User’s personal data collected by the Operator:

– First and last names
– Email address
– Telephone number
– IP address (a computer’s virtual address)

The Operator undertakes to ensure that the User’s personal data and all personal data obtained in connection with the use of the Site’s services is protected.

Upon registration, the User agrees to:

– provide real, accurate, up-to-date information in the registration form, and more specifically, not to use false names or addresses, or other names or addresses without authorisation.

– keep all registration data up to date so that it is always genuine, accurate and up to date.

Furthermore, the User undertakes not to make available or distribute any illegal or reprehensible information (such as information relating to defamation or identity theft information) or harmful information (such as viruses). If the User violates this provision, the Operator will have the right to suspend or terminate the User’s access to the Website at the User’s own expense.

All personal data collected by the Operator is collected directly from the User and processed by the Operator to enable the implementation and management of the Website’s services. This data may also be used to develop statistics to improve the Website’s services.

The Operator complies with data protection laws. In order for the Website to collect data, it has previously declared this to the CNIL.

5. Hyperlinks

All of the Website’s hyperlinks may refer to third party websites that are not edited by the Operator. They are provided solely for the User’s convenience, in order to facilitate the use of resources available on the Internet. If the User uses these links, they will leave the Website and will then agree to use the third-party websites at their own risk or, if necessary, in accordance with said website’s terms and conditions.

The User acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party websites.

Consequently, the Operator cannot be held responsible in any way for these hyperlinks.

In addition, the User acknowledges that the Operator cannot secure, guarantee or correct all or part of the terms of use and/or content of these third-party websites.

The Site may also contain promotional third-party site hyperlinks and/or ad banners that are not published by the Operator.

The Operator asks that the User informs them of any hyperlink on the Website that provides access to a third-party website hosting content that is in violation of the law and/or good morals.

The User may not use and/or insert hyperlinks to website without the Operator’s prior written consent and on a case by case basis.

6. Declarations and limitations of liability

This is our statement regarding the absence of a legal guarantee for the accuracy of information and services.

To the extent permissible under the law, the Operator (and those with whom Telium works to provide the Services) will not be liable to you or any other person for any direct, indirect, incidental, special, or any loss of data, opportunities, reputation, profits or income in connection with the provision of the services.

In no event shall the liability of the Operator (and those with whom Telium works to provide the services) exceed 100 Euros in any claim.

This limitation of liability is part of the negotiation between you and Telium and is applicable to liability actions (warranty, negligence, tortious or contractual liability). This is also the case even if Telium has been informed of the possibility of such damages and even if the damages may fail their essential purpose.

7. General provisions

7.1 Entirety of the agreement between the parties

These Terms of Use constitute a contract governing the relationship between the User and the Operator. They constitute the entire rights and obligations of the Operator and the User regarding their purpose. If one or more stipulations of these Terms of Use are declared void in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall remain in force to their full extent. In addition, if one party relevant to these Terms of Use does not notify the other party of a violation of any of the provisions in these terms, this cannot be interpreted as a waiver on their part for any such violation in the future.

7.2 Modification of the Terms of Use

The Operator reserves the right to modify the content of the Website or the services available on the Website at any time and without prior notice, and/or temporarily or permanently stop the operation of all or part of the Website.

Additionally, the Operator reserves the right to modify the location of the Website on the Internet, as well as these Terms of Use, at any time and without notice. The User therefore must refer to these Terms of Use before using the Website. In the event of hardware modifications, the User will be informed by email and a warning will appear on the Website before the implementation of said modification.

The User acknowledges that the Operator cannot be held responsible in any way towards them or any third party as a result of these modifications, suspensions or terminations.

7.3 Complaints – mediation

If you have a complaint, you must first contact the company’s customer service department at the following email address: info@teliumpolska.pl

In case of an unsuccessful claim application to the customer service department or in the absence of a response from this department within six months, the Customer may submit the purchase order disagreement or to opposition’s Terms of Use to the mediator.

The mediator will attempt to independently and impartially bring the parties together in order to reach an amicable solution. The parties are free to either accept or refuse the use of mediation and, in the case of further mediation, to accept or reject the solution proposed by the mediator.

7.4 Applicable law

The present Terms of Use are governed, interpreted and applied according to French law.

8. Acceptance of these Terms of Use by the user

The User acknowledges that they have carefully read these Terms of Use.

The User confirms that they have read the Terms of Use and accepts them, meaning they are contractually bound by these Terms of Use.

The Terms of Use applicable to the User are those posted on the Website. In case of modification, the Operator will publish these changes on the Website so that the User is aware of what information is being collected, how it is used, under what circumstances, and if so, how it is disclosed. In the event of hardware modifications, the User will be informed by email and a warning will appear on the Website before the implementation of the modification.