Terms of use

polandinenglish.info

Terms and conditions for the provision of electronic services by Telewizja Polska S.A. on the tvp.pl portal

I. Definitions

For the purposes of these Terms and Conditions (T&Cs), the terms given below will have the following meaning:

TVP - Telewizja Polska S.A. with its registered office in Warsaw at ul. J. P. Woronicza 17, 00-999 Warsaw, entered in the register of entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw, 13th Commercial Department of the National Court Register, under the number KRS 0000100679, VAT number 521-04-12-987, fully paid-up share capital of PLN 286,596,500.00.

RTV Subscription - subscription fees for the use of radio and television sets collected pursuant to the Act of 21 April 2005 in the amount specified by the Regulation of the National Broadcasting Council on the amount of subscription fees for the use of radio and television sets and discounts for their payment in advance.

Discussion Forum - a service consisting in enabling the User to publish their opinion on a topic and to conduct discussions with other Users on the Portal's web pages.

SMS Aggregator - Glide Investment sp. z o.o. with its registered office in Lublin at ul. Fryderyka Chopina 41 apt. no. 2, 20-023 Lublin, entered in the register of entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw, 13th Commercial Department of the National Court Register, under the number KRS 0000651297, VAT number 113-292-42-79, fully paid-up share capital of PLN 5,000.00.

Access Code - a string of characters set in order to enable the User to obtain an authorized access to any Material provided for a fee, purchased by the User via the SMS Aggregator or the Payment Operator.

Material - any content provided by TVP on the Portal so as to enable every User to access it in where, when and in the form of broadcast they choose, including content in the text, graphic, photographic, audio and audiovisual form.

Newsletter - a service consisting in providing the User with information in the form of e-mail messages to their specified e-mail address.

Payment Operator - Dotpay S.A., with its registered office in Kraków, 30-552 Kraków, at ul. Wielicka 72, registered by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Department of the National Court Register under the number KRS 0000296790, VAT number 634-26-61- 860, EU VAT number PL6342661860, fully paid-up share capital of PLN 4,000,000.00.

Privacy Policy - a document describing the protection of Users' personal data, the terms of collecting data using cookies and other issues relevant to privacy on the Portal, available at: http://www.polandinenglish.info/36203806/privacy-policy

Portal - any portal, service, platform or website owned by TVP, in particular available at www.tvp.pl, www.vod.tvp.pl

Profile, Your Profile - a service consisting in maintaining an individual User account.

Viewer’s Zone Profile - the Profile of a User having a registered TV set and paying the RTV Subscription, enabling them to use the Portal on the preferential terms relative to other Users as specified in the T&Cs.

T&Cs - these Terms and Conditions and any detailed terms and conditions for the use of individual Services, referred to in Section II (5).

Device - any electronic device with a web browser enabling the use of the Portal.

Services - the provision of digital content, in particular Materials, to be replayed using a web browser, and other services provided electronically by TVP on the Portal, in particular services consisting in providing access to Materials, the Profile, the Newsletter or other.

User - any person using the Portal.

II. General information

1. These T&Cs define the terms, scope and conditions of use by Users of the Services provided by TVP on the Portal.
2. The following services are provided in particular on the Portal:
1) Provision of Materials without charging fees directly from Users;
2) Provision of Materials for a fee on opening a Material (Paid Materials);
3) Newsletter;
4) Your Profile;
5) Forum.
3. The amount of fees charged for the use of individual Services is calculated on the terms set out in Section IV below at the rates specified in the price list published on the website at:https://vod.tvp.pl/page/cennik,1653651
4. Users who demonstrate in a manner specified in Section V that they pay the RTV Subscription may be exempt from part of the fees referred to in para. 2 (2) above. Information on the exemption from fees is posted each time in the tab for the method of payment for a Material (opened as a result of the User browser’s request to replay a Material provided for a fee).
5. The use of individual Services may be subject to the provisions of detailed terms and conditions. In such case, the use of a Service depends on the User's acceptance of both these T&Cs and the relevant detailed terms and conditions.
6. TVP may restrict the use of individual Services by Users who access the Internet from outside the specified territory.
7. For the proper use of all Services on the Portal:
1) the technical requirements for laptop or desktop PCs are as follows:
a. Internet connection with a bandwidth of at least 2 Mbit/s,
b. browser supporting the HTML5 standard, in particular: Google Chrome 34, Mozilla Firefox 30, Safari 5, Internet Explorer 9, MS Edge,
c. operating system Windows 7, Ubuntu 13 or later,
d. enabled Java Script and “cookies” technology,
e. for the use of full functionality of some parts of the Portal, it may be required to enable the protocol for secure transmission of encrypted data in the browser (i.e. “SSL”),
2) For mobile devices, it is required to have a device with an operating system iOS 7.0 or Android 4.03 or later.
8. In case of any doubts regarding the technical requirements for the use of Services, in particular in terms of the software installed on the User's Device, the User may get support by sending an e-mail to the following address: pomoc@itvp.pl

9. TVP provides Services to the User on the Portal based on the agreement entered into between TVP and the User, on the terms set out in these T&Cs. During such time of provision of Services, the User must comply with the provisions of these T&Cs.
10. TVP wishes to be bound by the Service provision agreement upon making available a Service on the Portal's websites. The User wishes to be bound by the Service provision agreement upon requesting the activation of a Service (or at any other time specified in the detailed terms and conditions relevant to that Service), save that in the case of Materials provided for a fee the agreement between TVP and the User is deemed to be concluded upon the placement of an Access Code order by the User. The conclusion of the Service provision agreement is subject to the acceptance of the T&Cs, save that TVP may make the use of a Service subject to the acceptance of the T&Cs in the electronic form.
11. The User must use the Portal in a manner consistent with applicable law, social and moral standards as well as the provisions of these T&Cs. In particular, the User undertakes:
1) to observe the prohibition of providing illegal content by Users;
2) not to use Materials and other components of the Portal or the Portal as a whole in any manner beyond that permitted by the T&Cs;
3) not to interfere with the operation of TVP’s computer systems, servers and networks, and not to attempt to circumvent any regulations or procedures applicable to the use of Services or their components, or to arbitrarily interfere with the form or content of the Portal’s websites; in particular it is prohibited to:
a. hinder the use of the Portal by other persons;
b. circumvent any technical security measures, in particular those restricting the use of Services by Users outside the specified territory;
4) not to use the Portal in order to collect personal data or other information concerning other Portal Users;
5) not to make available to, and use appropriate measures to prevent minors from accessing Materials intended for adults;
6) not to save any Material using any technical means, nor to reproduce, sell or otherwise market or distribute any Material, in whole or in part;
12. Any use of the Portal’s websites or Materials by Users in a manner contrary to the law, principles of social coexistence, moral standards or these T&Cs, in particular para. 11 above, will constitute grounds for an immediate cessation of the provision of Services to the User concerned.
13. TVP qualifies and labels Materials and other messages to indicate the age category of Users for whom they are intended, in accordance with applicable law, so that the User can easily recognise and understand the label both at the time of selecting the Material and along its timeline, using the labels specified at: https://vod.tvp.pl/page/legenda,22888812. In particular, Materials containing drastic, vulgar, erotic or violent content are labelled as intended for adults (label: red key). If a Material is labelled as intended for adults, using it is tantamount to making a statement of age of 18 or over. TVP may restrict access to Materials intended for adults or introduce a functionality to confirm the majority (full legal age) of the User.

III. Terms for the provision of Materials

1. All rights to the works comprising the Portal in whole or in part, in particular to Materials and other text, graphic and multimedia components as well as components of programming applications that generate and support the Portal ‘s websites, are reserved for TVP.
2. The User is entitled to use Materials on the terms and in time specified in the T&Cs.
3. TVP does not guarantee an uninterrupted availability of Materials or the replay quality parameters of a Material to the extent that these depend on the bandwidth of the intermediary Internet network between TVP and the User or other factors beyond control of TVP.
4. TVP reserves the right to withdraw individual Materials from the offer.
5. TVP provides the User with Materials without charging a fee directly from Users, or for a fee. In the case that TVP does not charge fees directly from Users, to gain access to a Material the User may be required to go through a commercial message first.
6. The User gains access to the Paid Material:
1) after entering a correct Access Code; or
2) for selected Materials, after logging in to the Viewer’s Zone Profile.
7. The User pays for replaying a Paid Material using the Access Code by activating it in the manner and within the time limit set out in para. 9, at the time of request. Detailed information on the pricing of Paid Materials, available Access Code values and the length of the period during which the User may replay a Material or Materials using the Access Code from the moment of its receipt, is specified in the price list published on the website at: https://vod.tvp.pl/page/cennik,1653651
8. The User acquires the Access Code via the Payment Operator or SMS Aggregator after having paid the fee. The Access Code is provided on the terms of the Payment Operator or SMS Aggregator, in particular by sending it to the User using a short text message to their specified telephone number or an e-mail to their specified e-mail address.
9. The Access Code is activated by entering it in the designated place on the Portal's websites, i.e. in the tab for the method of payment for a Material (opened as a result of the User browser’s request to replay a Material provided for a fee) upon the User requesting to replay a Material via their browser.
10. Where a previously activated Access Code is active for a Device, the new Access Code will be activated automatically upon expiry of the previously activated Access Code.
11. The Access Code is no longer valid and can not be re-used, and the User is not entitled to withdraw from the Service provision agreement nor to demand refund of the fee paid in order to obtain it,
1) when it is first entered in the designated place on the Portal's websites;
2) if the User has not activated it within 30 days of its purchase.
12. The risk of loss of the Access Code from the time it is obtained to the time it is activated lies with the User.
13. After entering the Access Code, a Material may be replayed multiple times within 24 hours from entering the Access Code (excluding Live Materials that can be played only during the time of broadcast) and only on that Device, and only using that browser, on which the Access Code was entered. Removal of cookies from the browser referred to in the previous sentence prevents further use of the Material.

IV. Withdrawal from the agreement

1. The User who is a consumer within the meaning of the provisions of the Civil Code has the right to withdraw from the Service provision agreement without giving reasons, within 14 days from the date of its conclusion, unless prior to the expiry of this period TVP has begun to provide digital content that is not stored on a material material, with the express consent of the consumer and after TVP having informed them on the loss of the right to withdraw from the agreement, in particular if the User has activated the Access Code in accordance with Section III (9).
2. The User exercises the right to withdraw from the agreement by the User by submitting a relevant statement in the electronic form - by e-mail sent to the e-mail address: pomoc@itvp.pl or in writing to the address: ul. J. P. Woronicza 17, 00-999 Warsaw. The User may use the withdrawal form, the template of which is available HERE.
3. In the case of effective withdrawal from the agreement, TVP will refund to the User the fee received from the User within 14 days from the date of receipt of the statement of withdrawal from the agreement.

V. Your Profile

1. TVP enables the User to register an individual Profile free of charge.
2. The use of some Services may require the User to register a Profile, in particular the Viewer’s Zone Profile, which will be indicated on the relevant Portal’s websites or in the detailed terms and conditions relevant for the Services.
3. The Viewer’s Zone Profile can be registered by any User who has a Profile, who is a natural person, who has a registered TV set and and pays the RTV Subscription (i.e. the Viewer’s Zone Profile cannot be registered by a person exempt from the subscription).
4. The Profile registration application is submitted by filling in an electronic form available on the Portal's websites, in particular by:
a. providing a valid e-mail address;
b. entering: displayed user name and password;
c. giving consent to the processing of personal data referred to in point (a) and (b) by TVP;
d. accepting the T&Cs and the provisions of the Privacy Policy; when registering the Viewer’s Zone Profile, additionally by:
e. providing the User's first and last name;
f. providing the User's subscriber number, i.e. the last eight digits of the individual account for payments assigned to the data referred to in point (e);
g. giving consent to the processing of personal data referred to in point (a(, (b), (e) and (f) and information on the RTV Subscription paid by the User by TVP and Poczta Polska S.A. with its registered office in Warsaw, ul. Rodziny Hiszpańskich 8, 00-940 Warsaw, VAT No.: 525-000-73-13, KRS No.: 0000334972 Registry Court: District Court for the Capital City of Warsaw, share capital: 774,140,000, fully paid up.
5. The Profile is registered, subject to para. 6, upon confirmation of the correct operation of the e-mail address provided by the User after the URL link sent to the e-mail address provided in the application has connected to the Portal’s website.
6. The Viewer’s Zone Profile is registered upon confirmation by Poczta Polska S.A. that the User has paid the RTV Subscription for the following months: current or current and preceding the submission of the application for the Viewer’s Zone Profile registration, and that they are not in arrears on the payment of the RTV Subscription for previous settlement periods.
7. The Viewer’s Zone Profile is active for 31 days from the date of positive verification of the User’s RTV Subscription's payment. The verification referred to in the previous sentence is carried out automatically once a month and each time requires the User’s consent referred to in para. 5 (g) above. The only effect of a negative result of the verification is deactivation of the Viewer’s Zone Profile (in particular, Poczta Polska S.A. will not use such result in its business as the operator designated to collect the RTV Subscription).
8. TVP is not liable for damages that may arise as a result of loss or disclosure of the password to others, or its interception by third parties, unless such disclosure or interception is due to its fault.
9. The User may opt out of the Your Profile Service and delete the e-mail address entered at registration by checking the “Unregister” option in the User Profile.

VI. Newsletter

1. The User may request to receive information via e-mail about the Portal and other, in particular television-related, activities of TVP.
2. The User submits the request to use such Service by entering their e-mail address in the form available on the home page of the Portal and accepting these T&Cs and the provisions of the Privacy Policy, or by setting their Profile preferences accordingly.
3. By providing their electronic address the User gives consent to TVP sending TVP commercial information to the User. Detailed information on the protection of personal data is contained in the Privacy Policy document available on the Portal’s websites.
4. To opt out of the Newsletter Service it is required to connect to the TVP website using the URL link attached at the end of every message sent as part of the Service.

VII. Contact with TVP and complaints

1. The User may submit their opinions, remarks and inquiries regarding, in particular, TVP programmes, the Portal, terms of the provision of Materials, SMS contests and comments regarding any copyright infringement:
a. using the contact form available at: mojatelewizja.tvp.pl. To this end, the User is required to provide their e-mail address, first name, last name and postal code, and accept these T&Cs and the provisions of the Privacy Policy;
b. via e-mail to the following address: pomoc@itvp.pl;
c. by post, sending a letter to the address of TVP:
Telewizja Polska S.A.
ul. J. P. Woronicza 17
00-999 Warsaw,
d. by phone at the phone number: (22) 547 44 50.
2. All complaints, in particular due to non-delivery of the Access Code despite payment, faults and errors in replaying Materials, irregularities in the operation of the Access Code after its activation and irregularities in the verification of the paid RTV Subscription, should be submitted to TVP via e-mail to the following address: pomoc@itvp.pl, or via the contact form referred to in para. 1.
3. The submission of a complaint referred to in para. 2 should contain at least:
a. e-mail address or address to which correspondence should be sent to the User,
b. description of the complaint subject matter, in particular the Access Code to which the complaint relates, the date and time of occurrence of the problem, the title of the Material affected, the telephone number if the payment was made by an SMS or the data identifying the User as an RTV Subscriber, as referred to in Section V (4) (e) - (f), and the date of payment of the RTV Subscription.
4. TVP will respond to the complaint submitted in accordance with para. 2 not later than within 14 days from its receipt, and in particularly complicated cases not later than within 30 days.
5. TVP will provide the User with a response to the complaint in accordance with para. 5 in writing or by e-mail to their specified address in accordance with para. 4 (a).

VIII. Personal Data Protection

1. The protection of Users' personal data, rules of data collection using cookies and other issues relevant to privacy on the Portal are governed by the Privacy Policy, available on the Portal's websites. By providing any personal data, the User makes a statement of age of 18 or over or declares that he/she acts under the supervision and with the consent of his/her legal guardians.
2. Personal data is collected, stored and used by TVP with the consent of data subjects, in accordance with the law, in observance of the due procedures, and in a manner guaranteeing its security. TVP may use personal data only to ensure the proper service to Users, for the purposes of the provision of Services, submission of complaints, withdrawal from the Service provision agreement and communication with Users who have submitted a complaint or a statement of withdrawal from the Service provision agreement.
3. The User has the right to access and rectify their personal data provided to TVP. Any User, who has consented to the processing of their personal data in exercising their right to submit complaints on a Service provided through the Portal, may directly contact TVP with a request to allow access to their data, rectify or erase the same.
4. The set of collected personal data is treated as a high-security database, stored on a server secured against both remote (IT) and physical access. Moreover, all persons processing Users' personal data for the purposes of complaints submitted by Users hold appropriate authorizations issued by TVP in accordance with Article 37 of the Personal Data Protection Act of 29 August 1997.
5. TVP does not transfer (does not sell or make available in any manner) Users' personal data to third parties. The data that TVP may disclose to its cooperating entities will have the nature of general statistics that do not allow the identification of individual Application Users. For technical reasons, TVP may entrust, in accordance with Article 31 of the Personal Data Protection Act, to another entity, by way of an agreement concluded in writing, the processing of data without changing the purpose of processing indicated above.

IX. Final Provisions

1. In matters not covered by these T&Cs, relevant provisions of law apply, in particular the provisions of the Consumer Rights Act, the Electronic Services Act, the Copyright and Related Rights Act, and the Civil Code.
2. The National Broadcasting Council is the authority competent for matters related to on-demand audiovisual media services:
National Broadcasting Council (KRRiTV)
Skwer Ks. Kardynała Stefana Wyszyńskiego 9
01-015 Warsaw
tel. (22) 597-30-00
fax (22) 597-31-80
www.krrit.gov.pl
3. These T&Cs become effective as of 25 May 2017.
4. Where an amendment is made to these T&Cs, the new version will be published on the Portal with an indication of the date of its becoming effective. The relations between TVP and the User are governed by the terms and conditions effective as at the date of conclusion of the agreement for the provision of a Service.
5. These T&Cs are made available free of charge via the Portal's websites in a form that allows it to be downloaded, saved and printed.