Definitions

General Provisions

1. These Regulations (hereinafter referred to as “the Regulations") specify the detailed conditions of providing electronic services by means of internet websitehttp://listonic.com and http://cotanio.pl, hereinafter referred to as „the Website", which is operated and managed by Listonic Sp. z o.o. with registered office in Łódź, at ulica Matejki 21/23 p. 209., listed in the National Court Register by the District Court for Łódź Śródmieście in Łódź at KRS number 0000326899, hereinafter referred to as the Administrator.

2. Every User is obliged to respect the provisions of the Regulations. In every case, before availing itself of the services offered on the Website, the User should read the Regulations and then confirm reading and accepting the provisions of the Regulations.

Detailed Rules of Providing Services to the Users

3. Providing services to the Users, that is facilitating the use of all functionalities of the Website by them, is free of charge.

4. The Administrator shall provide the Users with the following services, consisting in making all below-mentioned functionalities of the website available to its Users at listonic.com:

• providing, browsing and changing shopping lists by an internet browser,
• providing, browsing and changing shopping lists by mobile equipment applications,
• creating User groups,
• sharing shopping lists within a group,
• publishing shopping lists,
• sending an offer of purchasing goods, included on a shopping list, to the suppliers selected by the User from the group indicated by the Administrator, whose offer is published on the internet and who conclude remote agreements for purchase of staple products by internet, in such a way, that the place of releasing these goods is the place indicated by the buyer – the User. This service concerns only a group of the suppliers indicated by the Administrator

4. (1) the Administrator shall provide the Users with the following services, consisting in making all below-mentioned functionalities of the Website available to its Users at cotanio.pl:

• providing information about the results of comparing the prices of a group of goods of specified type, quality or number, offered by the suppliers from the group indicated by the Administrator, whose offer is published on the internet and who conclude remote agreements for purchase of staple products by internet,
• sending the offer of purchasing the goods, included on the shopping list, the goods which are the subject of comparison according to the lowest price criterion or other goods, to the suppliers selected by the User from the group indicated by the Administrator, whose offer is published on the internet and who conclude remote agreements for purchase of staple products by internet, in such a way, that the place of releasing these goods is the place indicated by the buyer – the User.

5. Listonic offers different functionalities to the Users, depending on whether the Users are logged in, which means entering an access login and password in a proper slot. Providing services to the User can start upon his/her registration, by competing a registration form. Upon completing the registration form by the User, these regulations become binding for the Administrator and the User. However, before the registration, the User is not eligible for other rights in relation to the Administrator, than the ones mentioned in the Regulations.

6. Providing services by the Administrator shall is possible, if the User fulfils the following indicated technical requirements for cooperation with the tele-informatics system, which is used by the Administrator:

• screen resolution: 1024x768 or higher,
• colour depth: 16 bit (high colour) or higher,
• browsers: Internet Explorer 6.0+, Firefox 2.0+ Safari 2.0+, Opera 9.0+, Google Chrome 1.0+,
• cookies service enabled,
• Javascript service enabled.

7. The Administrator is entitled to interfere in the shopping lists, User Profiles and other data provided by the Users at the website, if their content is not compliant with the provisions of the regulations, Polish law or the principles of social interaction. Interference in the shopping lists, User Profiles and other data provided by the Users at the website, means, among others, removing these data entirely or partially, changing them or blocking the User’s access to this content.

8. The User undertakes, in particular:

1. to respect copyrights and industrial property rights, including the rights resulting from registration of inventions, patents, trademarks, utility and industrial models of the Administrator and other Persons, and to respect the rights to protect an image,
2. to refrain from publishing illegal content on the Website, in the User Profile and on shopping lists: in particular, the content which infringes upon legally protected interests of the Administrator and third parties, which is contrary to the principles of social interaction, vulgar and offensive, not compliant with the Regulations and breaches legal regulations commonly binding in Poland,
3. to refrain from any actions which infringe on the privacy of other Users, first of all, consisting in collecting, processing and distributing information about other Users without their explicit consent, except for the situation when these actions are compliant with the legal regulations and provisions of these Regulations,
4. to refrain from any actions which could impede or disturb functioning of Listonic, and actions consisting in destroying, changing, removing, damaging and impeding access to the Accounts of other Users,
5. not to undertake any actions causing damage to the Administrator, the Users and other Persons,
6. not to publish advertisements or other materials connected with acquisition of clients,
7. not to publish the so-called “chain letters” or create pyramid schemes,
8. not to send viruses or harmful computer codes.

Liability of the Administrator and the User

9. The User bears liability for the content which he/she has published on the Website, including publishing in the Public Spaces, both in relation to the Administrator and third parties. If third parties file claims against the Administrator and such claims are based on the action or omission of the User, the User undertakes to satisfy these claims and indemnifies the Administrator from the obligation of satisfying them.

10. The Administrator has got the tools at its disposal, which make it possible for the User to save and store information. The User is responsible for using all reasonable means to ensure the protection of his/her passwords and accounts against the access of unauthorised persons. The User is responsible for controlling availability and use of logins and passwords; granting authorisation, monitoring and controlling the access and manner of using logins, passwords and accounts on the Website; notifying the Administrator immediately, each time when the need to deactivate a password arises.

11. The User bears liability for the actions of the persons who used his/her login and password to access the Website, as for his/her own actions. The Administrator does not bear liability for the damages resulting from the User’s applying the tools provided by the Administrator to save and store information by the User, including, the damages resulting from applying these tools by third parties.

12. The Administrator is entitled (but not obliged) to undertake the following actions:

• save discussions conducted in chat rooms and on forums;
• investigate the complaint, that the published content infringes upon the conditions of the Regulations and remove a given content or demand removing it, at its own discretion;
• remove comments if they are offensive, incompliant with law, indecent or otherwise infringe upon these Regulations;
• deprive the User of the access to any Public Space or the Website as a consequence of his/her infringement upon these Regulations, irrespective of the Administrator’s right according to point 29 of the Regulations;
• monitor, edit and disclose all chats in Public Spaces;
• remove any information exchange on the Website, irrespective of whether such exchange infringed upon the rules specified in these Regulations.

The Administrator reserves the right to undertake all actions which it deems appropriate for ensuring security of the Users.

The Administrator is not liable to the Users or any third party for undertaking or omitting the above mentioned actions.

13. Links to external internet websites can be found on the Website. The Administrator can decide that the links to selected websites are the main items on the list of results, when searching for specified phrases. Moreover, the Administrator can express its consent to the advertisers for presenting the advertisements and sponsored content as the results of searching for specified terms. The Administrator does not promote the content published on the internet websites of third parties, the Administrator does not bear liability for the content of the linked internet websites, the websites located within the Website, the websites of third parties which are search results and the advertisements of third parties, the Administrator does not formulate any declarations concerning their content or details. The User uses the external websites at his/her own risk, according to the conditions of using these websites. The Administrator does not promote any product advertised on the Website.

14. Rules of publishing, displaying and removing advertisement materials in the scope which is not specified in these Regulations, are specified in the agreement concluded between the Administrator and an advertiser and in separate Regulations published on this website.

15. The Administrator does not bear liability for the actions and omissions, and also for the lack of performance or undue performance of the agreements, which the User has concluded or shall conclude with the entities, whose advertisements are published on the Website, and the entities, which the User has concluded agreements with, having used the Listonic Button service, and all entities included on the User’s shopping lists by the User or by the persons who used his/her access login and password, published on the Website, because these entities allow to use “the Listonic Button” service in their internet advertisements.

15. (1) The Administrator is not entitled to represent the User upon concluding the agreements mentioned in point 4, last bullet and point 4 (1). The Administrator is only obliged to make it possible for the User to electronically send an offer of purchasing goods to the entities described in these provisions, the content of such offer being formulated by the User through creating a shopping list and selecting goods from a shopping list provided by the User, or through selecting goods which are the subject of comparison according to point 4 (1) of these Regulations, or through selecting goods otherwise and indicating the data which identify the User, so that the User, upon his/her request, shall be re-routed to the website of the supplier, where he/she can conclude a remote agreement with this supplier, without the participation of the Administrator.

15. (2) The Administrator does not bear liability to any person, including the User, for concluding or failure to conclude an agreement with the User by the supplier mentioned in point 15 (2). The Administrator does not bear liability to any person, including the User, for the Supplier’s lack of performance or undue performance of the agreement concluded with the User, and the Administrator does not bear liability to the User for the damage otherwise suffered by the User from the Supplier.

16. To the largest possible extent allowed by the binding legal regulations, the Administrator does not guarantee the suitability of the content included on the Website by other entities and other Users, for a specified purpose or application. In particular, the Administrator does not submit any declarations or guarantees that this content, graphic signs, references or messages published on the Website or communicated by the Website are accurate, reliable, complete, suitable and updated and that the suppliers respect the content of the legal regulations.

Protection of Personal Data and Processing the User’s Information which is not Personal Data

17. Since the Website provides services by electronic means, the Users send personal data to the Administrator. The Administrator of the Website is a personal data administrator. The data of the Website Administrator are provided in these Regulations in point 1. By accepting these Regulations, the User expresses his/her consent for the Administrator’s processing his/her personal data provided by the User in a registration form and, while using the Website, in the data collection of the Administrator, according to the binding legal regulations, including the Personal Data Protection Act of 29th August 1997 and the Electronic Services Provision Act of 18th July 2002 and these Regulations, in order to provide the services within the framework of the Website properly, including the services described in these Regulations, in order to use all its functionalities and for operating and statistical purposes connected with the portal operation, and also for marketing purposes. The User is entitled to access the content of his/her data and to correct them. By accepting these Regulations, the User also expresses his/her consent to receive commercial information from the Administrator by means of electronic communication. Providing personal data by the Users takes place on a voluntary basis. The Administrator only requires obtaining an e-mail address, which is necessary to provide any service described in these Regulations. The Administrator emphasises that, depending on the wording of an e-mail address, it can constitute an item of personal data which allows to identify the User. Indicating other personal data is not required by the Administrator and does not have an impact on the possibility to provide services described in these Regulations by the Administrator. Personal data are processed by the Administrator only after an explicit consent is granted by the User to process his/her personal data and only to the extent specified in a given consent form.

17. (1) The Administrator does not make personal data available to third parties, except for the cases specified by the regulations of binding law or by these Regulations. In particular, the Administrator does not make personal data available to the suppliers mentioned in point 4, bullet six and point 4 (1) of these Regulations. The Administrator only makes it possible for the User to save the data on Listonic server and provides means of electronic communication which allow the User to send these data from Listonic server to the internet website of the supplier mentioned in the above provisions, where the User can find tools facilitating the conclusion of an agreement with such a supplier. It only depends on the decision of the User what content shall be comprised in the message including the User’s personal data and to whom the User makes such data available by using the means of communication provided by the Administrator, and whether the User makes any data available. However, the personal data which the User makes available to the above mentioned suppliers, using the means of electronic communication provided by the Administrator, shall be saved on Listonic servers for the purposes of providing more efficient services in the future and shall be subject to processing, except for making them available, according the rules described in point 17.

18. The User acknowledges that all information sent by electronic mail and other forms of transmission through the internet are not of confidential nature and can be exposed to the interference of third parties. If the User wishes to maintain confidentiality of the content sent, it should not be sent by these means.

19. The e-mail address indicated by the User during the registration of a new Account in a registration form shall be used only for:

• sending information connected with the operation of the Website: in particular, confirmation of registering an Account, notification about invitation to a group, change of password, etc.,
• sending commercial information of the Administrator.

The address shall not be made available to other entities and shall not be used for sending commercial information of other entities than the Administrator or its partners.

20. The User also acknowledges that the Website can include references to other internet websites which remain outside the control of the Administrator and which are not subject to these rules of personal data protection. The Administrator does not bear liability for keeping information confidential by external internet websites. The Administrator shall undertake efforts to indicate well, when the User leaves the Website and is re-routed to external websites, by requesting to click a link or by displaying a relevant message. In particular, the Administrator does not bear liability for respecting the rules of personal data protection by the suppliers indicated in point 4, bullet six and point 4 (1) of these Regulations.

21. The services provided by the Website are performed in such a manner and by such technical means which make it impossible for unauthorised persons to access the content of the message included in the service, in particular by using cryptographic techniques, relevant for the features of a given service, moreover, the techniques which facilitate unambiguous identification of websites and confirmation of the fact of submitting declarations of will and their content.

22. The Sponsors or entities advertising themselves on the Website can use their own cookie files, navigation signals and other internet monitoring techniques in relation to advertising the banners published on the Website, e-mail messages and information sent to the User by the Administrator. Some advertisers commission other companies to operate and monitor the Users’ responses to advertisements. These companies (“the Advertisement Servers") can also use cookie files and other navigation signals in order to collect information which does not constitute personal data coming from the Website. In some situations, in order to simplify the process of collecting information, the User can be temporary re-routed by the browser to the website of the Advertisement Server or the other third party acting on behalf of the sponsors, partners or advertisers, before the User is re-routed to the website he/she selected (e.g. back to the website to display an advertisement or to the website of a given advertiser). The re-routing process will not be visible to the User.

23. The Administrator does not control the manner of using cookie files and navigation signals by third parties and how third parties manage the collected information which does not constitute personal data. However, the Administrator demands from the sponsors, advertisers and Advertisement Servers, which collect information coming from the Website by using cookie files and navigation signals, to submit a declaration that they will not collect any personal data coming from the Website without the User’s consent. These persons have undertaken not to connect any information which does not constitute personal data and which is collected by using cookie files and navigation signals on the Website, with the personal data collected by these persons or otherwise by other persons, or with the data coming from other internet websites, except for particular cases specified in relation to a given programme. The detailed information about cooperation with advertisers and companies which provide advertising services is included in separate regulations. The User should read the privacy policy adopted for other websites which he/she visits or the websites where he/she can be re-routed from the Website. Thus the User will find out how cookie files, information collected by using cookie files and navigation signals are used by these websites. Some Advertisement Servers make it possible to prevent the collection of the User’s data by using cookie files. In order to benefit from this solution, the option which prevents collection of data must be selected on every visited website.

24. The User shall receive the notification about possible important changes to the rules of the Users’ personal data protection. Important changes mean any modifications which expand the permitted scope of processing personal data. These changes require the consent of the User by selecting an option of Expressing Consent on the updated consent form.

25. The Administrator is entitled to introduce minor changes of these rules of the Users’ personal data protection, which do not expand the permitted scope and purpose of their processing. The Administrator is not obliged to notify the User about introducing this type of changes.

26. The Administrator collects certain information which does not constitute personal data of the User.

• Cookie files - The Administrator uses cookie files to collect information which does not constitute personal data concerning the User’s use of the Website and the internet websites of selected sponsors and advertisers. Every computer, which is connected to the Website, is allocated a unique cookie file. Information collected by cookie files make it possible for the Administrator (i) to dynamically generate advertisement and content on internet websites and in newsletters (ii) to conduct statistical monitoring of the number of persons using the Website and the websites of selected sponsors and advertisers, to research the number of persons receiving e-mail messages sent by the Administrator. The Administrator can use the information collected in cookie files in order to send the specified advertisements to the browser of the User and to establish the popularity of the specified content or advertisements. Cookie files are used to improve navigation and as session timeout counters to simplify the Users’ logging in on the Website. The majority of internet browsers software makes it possible to block all cookie files. The majority of browsers provides instructions to the Users how to modify settings in order to block cookie files, these instructions can be found in “Help” section of a toolbar. If the User blocks cookie files in a browser, some functions and facilities of the Website can work incorrectly, however, the User is not obliged to accept cookie files to use the Website efficiently. The Administrator does not connect the information which does not constitute personal data collected on the basis of cookie files with the data which identify the User, without his/her consent.
• Web beaconsThe Administrator can use web beacons to collect information which does not constitute personal data, concerning the User’s use of the Website or the internet websites of the selected sponsors and advertisers. Information collected by means of web beacons make it possible (i) to conduct statistical monitoring of the number of persons who use the Website or the websites of the selected sponsors and advertisers, (ii) to research the number of persons receiving e-mail messages sent by the Administrator and (iii) to determine why these actions are undertaken. The task of web beacons is not tracking the User’s activity on other websites than the Administrator or the websites of sponsors.

26. (1) In order to exercise the User’s right to correct or change his/her data, the User can use the form designed for changing these data, available within Listonic website. In order to remove personal data the User can send the relevant request to the Administrator by using the contact form.

Termination of Providing Services

27. The Administrator reserves itself the right to stop providing services by blocking the Account of the User whose activities are considered harmful for the Website or other Users, in the opinion of the Administrator, and who infringes upon any of the provisions of these Regulations. Resuming the provision of services by unblocking the User Account depends on the decision of the Administrator.

28. Not resuming the provision of services by unblocking the User Account for the period of three months, counting from the date of blocking the Account, results in the termination of the legal relationship which bound the User and the Administrator, such termination taking effect on the expiry of the last day of this three months period. After the date of terminating the legal relationship binding the User and the Administrator, the latter one is entitled and obliged to immediately remove the User Account.

29. 

30. Upon the request of the User to stop the provision of services within the framework of Listonic Website, addressed to the Administrator at any time, the Administrator shall stop providing services by the immediate removal of the User Account. The legal relationship binding the Administrator and the User shall expire on the date of removing the User Account.

31. Publishing any content by using the Website means that the User does not consider the information or content thus provided as confidential. In case of providing any information or content by the User within the Public Spaces or in case of publishing them otherwise on the Website, the Administrator is entitled to save, multiply, develop, publish, edit, translate, distribute and present the information or content by any means of communication, entirely or partially, in any form and at any frequency, and also to transfer these rights to third parties, and the User permits the Administrator to exercise the above mentioned rights.

32. If the User thinks that any materials, available on the Website or by means of the Website, infringe upon his/her due copyright to a specified work, he/she can demand removing these materials from the Website or blocking access to them, by sending a relevant letter, including the following information, to the Administrator:

• data which identify the work subject to the User’s copyright, the work must be described and, if possible, the copy of an authorised version of the work must be enclosed or its location must be indicated (e.g. URL address);
• data which identify the material (together with its location), which infringes upon the User’s copyright according to his/her opinion, the description of the material must be provided and the URL address, where a given material is located must be indicated or other relevant information which helps to locate it must be indicated;
• name and surname, address and, optionally, telephone number and e-mail address of the User;
• declaration of the User which states that he/she is eligible for copyright to the specified work.

33. 

34. reservations or comments concerning the provision of services by means of the Website should be reported on the relevant forum, by using a special tool developed for this purpose, by e-mail to listonic@listonic.pl or by writing to the address of the Administrator indicated in the introduction to these Regulations.

Final Provisions

35. The Administrator is entitled to change the content of the Regulations, only if it starts providing new services or makes new functionalities available, by indicating the rules of providing these new services or functionalities, and also in case of stopping the provision of services or making particular functionalities unavailable, if it results from the Regulations that providing services or using functionalities is only at the User’s discretion and also in order to adapt the Regulations to the binding legal order. Each change shall be announced by publishing the Regulations at http://listonic.pl/c/terms and notifying each User by e-mail. In the cases which are not mentioned in the previous sentence and also in case of starting the provision of services or making functionalities available against payment, the Administrator shall notify the User about the planned changes to the content of the Regulations one month in advance, by e-mail to the address indicated by the User. The change to the Regulations shall take place on the date when one month notice period mentioned in the previous sentence expires. If the User does not accept the new content of the Regulations, he/she is entitled to terminate the legal relationship binding him/her with the Administrator, by submitting the following declaration, using a contact form at http://listonic.pl/c/contact, before the expiry of one month period when the new Regulations’ content takes effect: “I hereby declare that I do not express my consent for changing the content of the Regulations concerning Listonic and Cotanio Websites, therefore I terminate the legal relationship which is binding me with you as the Administrator, according to the provision of point 35 of the Regulations". In such a case the legal relationship binding the User and the Administrator shall be terminated on the date of introducing the new provisions of the Regulations. After the date of terminating the legal relationship binding the User and the Administrator, the latter is entitled and obliged to immediately remove the User Account.

36. 

37. The regulations of commonly binding Polish law, in particular of the Civil Code and the Electronic Services Provision Act are applicable to the issues which are not regulated in the Regulations.

38. These Regulations are available at http://listonic.pl/c/terms.

39. These Regulations are binding for the Administrator, starting from 1st May 2009

40. The following changes have been introduced to these Regulations:

- the changes which took effect by being announced on 22nd September 2010:

• the definitions of terms: Listonic and Listonic servers have been changed, the definition of term: cotanio has been added,
• points 1 and 4, 5, 7, 17,20, 30 have been changed,
• sixth bullet has been added in point 4,
• points 4 (1), 15 (1),15 (2),17 (1) have been added,

- the changes which took effect on 20th October 2010:

• points 17,17(1), 28, 35 have been amended,
• point 26(1) has been added,
• points 29, 33 and 36 have been deleted.