OF USE OF THE ZALAMO.COM SERVICE
as of 24.05.2018
For the purposes of the Regulations, the following definitions are introduced:
- The Administrator – Zalamo R. Lucas, A. Błaszczyk s.c., Tadeusza Romanowicza St. 4, 30-702 Kraków, NIP 6793121479, REGON: 363532030;
- Website/Service – the Website at Zalamo.com, by means of which the Administrator provides services to Photographers electronically;
- Price list – a document containing a list and description of the Services and Products offered to Photographers by the Administrator via the Service with an indication of their price;
- User – every visitor to the Service, regardless of the purpose and manner of using the Service;
- Photographer – User who got registered on the Zalamo.com Service declaring that he is a person engaged in economic or professional provision of services in the field of taking pictures, processing them and selling to clients or third parties;
- Client – User that is a Client of the Photographer on the basis of a separate contract, for which an individual Client’ Account was created on the basis of data provided by the Photographer;
- Photographer's account – an account that Administrator shared with the Photographer on the Website as part of the Service, consisting of the appropriate Website area (Website and server space), the Photographer interface and a set of IT solutions, enabling the Photographer in particular to save, store and change data (including personal data)by Photographer, posting, storing, presenting and disseminating the Photographer's portfolio and commercial information, administering them (making changes and deleting from the Website), and collecting information about transactions held by the Photographer using the Website and settlements made with the Website for the use of Services and with Clients and Laboratories;
- Client’s account – appropriate Website area (Website and server space), Buyer interface and a set of IT solutions, enabling the Client to save, store and change the Buyer's personal data, place Orders for Goods and Services provided by Photographers and collect information about transactions concluded by the Client using the Website;
- Laboratory – Website User, that has an account on the Website to receive Orders placed by Photographers or by their Clients and makes settlements with them for the execution of placed orders;
- Login - a string of characters assigned to a given User of the Website, which after entering in a indicated space along with the Password allows for multiple, secure access to the Photographer's Account (login);
- Password - a combination of at least 6 characters (uppercase and lowercase letters as well as numbers), determined by the Photographer to secure access to his Account;
- Offer - an offer to conclude a Contract for the sale of Goods or provision of Services, on conditions specified by the Administrator in these Regulations, Price List and contained in its description of particular Products or Services available through the Website, that is shared with Clients using and through the Website functionality, under the terms of the Regulations;
- Regulations - regulations for the functioning of the Website;
- Photographer's Services - services provided by the Photographer to the Client via the Website;
- Administrator's services - services provided by the Administrator to the Photographers via the Website;
- Product - the product offered to the Client by the Photographer directly or via the Administrator, which can be delivered to the Client - according to his choice - only through the Website or with the participation of the Laboratory;
- Payment operator – external to the Administrator an intermediary in the settlement of payments made via the Website by e-transfer or payment by credit card;
- Newsletter – a set of commercial information sent on a specific frequency by the Administrator, on its own behalf or at the request of other persons, to an e-mail address provided by the Photographer and a box available on the Website, which may include information, promotional or advertising content regarding the Website, offers of entities cooperating with Administrator, Laboratories, Products or Services of the Administrator or other persons and goods and services of these persons;
- Order - ordering the Products or Services of the Photographer via the Website.
- These Regulations for the use of the Website determine the rules of using it by the Photographers and the rules for the provision of electronic services via the Website by the Administrator who owns the Website.
- Administrator's contact address: email@example.com
- The software, appearance, functional layout, content and graphic elements of the Website (with the exception of content and graphic elements that are not provided by the Administrator) and the databases contained therein are subject to proprietary copyrights and / or other rights of the Administrator and / or other persons and are protected by law.
- These Regulations have been adopted on the basis of applicable legal provisions regulating the activities provided under it, which include in particular:
- The Act of 16 July, 2004 Telecommunications Law (consolidated text: Journal of Laws of 2017 item 1907), hereinafter: "Telecommunications Law";
- The Act of 18 July, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2017, item 1219), hereinafter: "Law on provision of services by electronic means"
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU 2016 L 119, page 1) hereinafter as “GDPR”;
- Act of 23 April 1964 Civil Code (consolidated text: Journal of Laws of 2017, item 459, as amended), hereinafter the "Civil Code".
- In order to use some of the functionalities of the Website, it may be necessary to have additional software (e.g. Flash, word processor, programs that support PDF format, etc.).
- In order to set up a Photographer's Account, Photographer must have an individual, active e-mail account.
- The costs resulting from using the means of remote communication by the photographer (costs of connection to the Internet, SMS, phone calls) in order to use the Administrator's services, shall be borne by the Photographer in accordance with the price lists of the providers of services.
- The Administrator will make an effort to ensure that the Website works correctly and in full functionality at all times, however, it reserves the right to temporarily disable the Website or its individual functions in order to improve them, add new functionalities or carry out repairs or maintenance. The Administrator makes the Website available to Users on a 24/7 basis, with the right to short technical breaks. Breaks in the provision of Administrator Services for reasons referred to in the preceding sentence cannot be a justification for a negative assessment of the Administrator's performance of obligations under these Regulations. If the Service is discontinued for more than 48 hours in a given month, the User will be entitled to demand a reduction of remuneration for the given month indicated in the Price List by PLN 0.20 (twenty groszy) for each hour over the time period indicated above.
- The Administrator does not train Users in the use of particular functionalities of the Website. The User is obliged to do so in his own discretion, using in particular the tools posted on the Website.
- Visiting and browsing the Website and all subpages is free of charge and does not require registration. To use the advanced functionalities, in particular to offer and sell the Photographer's Products and Services and to use the Administrator's Services via the Website, registration is required by creating a Photographer's Account on the Website.
- The Administrator provides Users with a technical support service including technical assistance for all Website Users available via Online chat available on the Website on business days from Monday till Friday, from 9.00 a.m. till 21.00 p.m. The Administrator reserves the right to answer the question within 24 hours from its receipt whiting the time when online chat is available.
- Users are obliged to comply with the ban on providing content by or to the Website system:
- causing disruption of work or overloading the Website system or other entities that participate directly or indirectly in the provision of electronic services,
- that may infringe personal rights of third parties, copyrights, intellectual property rights, business secrets or those that will in any other way violate the binding legal order or good manners,
- containing computer viruses and content such as other source codes, files, folders, computer programs harmful to the Website system,
- causing commercial unsolicited communications or other content not authorized by law to be sent.
- Users are not entitled to:
- taking any action that will result in unauthorized sharing of an individual Photographer's Account with other photographers or other third parties,
- undertaking any actions that the effect of which will be making the Login and Password available to any third parties.
- In special cases, affecting the security or stability of the Website system, the Administrator has the right to temporarily stop or reduce the availability of the Website with prior notification of Users and maintenance work aimed at restoring the security and stability of the IT system.
Terms of sharing and Registration of Photographers on the Website
- The Administrator makes the Website available to Photographers in the scope and on the terms set out in these Regulations and in the Price List, which is available at Zalamo.com
- Access to the Website and its functionalities provided to the Photographer may be obtained only by a User who is a natural person of at least 18 years of age and has full legal capacity, a legal person or an organizational unit without legal personality, which may acquire rights and incur liabilities, which professionally deals with the provision of photo services.
- In order for the Photographer to get full access to the Website, it is necessary to:
- registration through a registration form on the Website where he must provide required data and confirm the acceptance of the Regulations and the Price List;
- submit a declaration on the conclusion of the personal data entrustment agreement and activation of the Photographer's Account by means of the activation link provided for in point 5 below.
- After registration, a confirmation along with other required legal information will be sent to the e-mail address provided by the Photographer in the registration form.
- From the moment of starting the process of registration of the Photographer's Account until definitive termination of using the Website, the Photographer is obliged to:
- providing truthful, accurate and current data that are not misleading and that do not violate the rights of third parties,
- updates given in the data registration form, immediately after each change of these data. The data is updated in the Photographer's Account. The Administrator reserves the right to make the registration of the User's registration subject to additional data or to provide additional documents.
- The Administrator reserves the right to make the registration of the User's registration subject to additional data or to provide additional documents.
- After registering as described above, each time the Photographer can get access to the Account after entering the Login or e-mail address and Password (Logging in) and entering the password received via SMS. Logging in to the Website via the automated solution service and through other Websites cooperating with the Administrator, including social networking sites, causes the same effects as logging directly on the Website.
- The User may have only one active Photographer Account at a time.
- The Photographer is obliged to keep the Login and Password confidential to his Account on the Website. The Administrator shall not be liable for any damage caused as a result of disclosure by Photographers of data enabling access to their Photographer Account.
- The Photographer may at any time stop using the Website by deactivating his Photographer Account.
- In the case of the Photographer's voluntary stop to using the Website, previously purchased service packages that have not been used on the day the Photographer stops using the Website are no longer valid. Funds paid towards the price for the provision of services in accordance with the selected package are not refundable.
- In the event the Photographer stopes using the Website, all content provided to the Clients in his Account or services provided by the Administrator to the Client on the basis of an order placed by the Photographer before stopping using the Website (such as a wedding organizer, Website for brides) will be provided going forward under the terms of separate regulations regarding the provision of services to Clients.
- In the event that the Photographer violates these Regulations, in particular when taking actions that are against applicable law or are threatening the continuity of the Website, after calling the Photographer to stop taking such actions and setting a deadline for that purpose, the Administrator may take the Website access away from the Photographer and delete his Account with immediate effect. In this case, previously purchased service packages that have not been used on the day the Photographer’s Account is removed from the Website are no longer valid. Funds paid towards the price for the provision of services in accordance with the selected package are not refundable.
- The Administrator shall not be liable to the Client due to loss of Client's access to the content provided in his Account as a result of deleting the Account by the Photographer or by the Administrator for the reasons referred to in par. 13 above.
Payment for services provided to Photographers
- Registering and setting Photographer's Account on the Website and maintaining this Account is free of charge.
- Obtaining access to the Photographer's Account enables the use of Website functionalities, which the Photographer may use in accordance with the selected service package.
- The list of packages of services offered by the Administrator, their detailed scope, description and prices are specified in the Price List, available to Photographers on the Website.
- The Price list also regulates the cases and conditions for granting discounts.
- The Photographer is obliged to pay the price of the Service packages purchased on the Website in the amount specified in the Price List via the Payment Operator by directing to the appropriate page when placing the order for individual service packages.
- The Photographer obtains full access to the Website's functionality in accordance with the selected service package after the Administrator has received the information from the Operator about the acceptance of the payment from the photographer in the appropriate amount.
- Settlements of transactions by payment card and e-transfer are carried out according to the Photographer's choice via the Payment Operator.
- After making the payment and posting it on the Administrator's bank account, the Administrator will issue an invoice or bill (according to the Photographer's choice), which will be available for download for the Photographer in the Photographer's Account and the invoice and invoice notification with the invoice attached in PDF format will be sent to the Photographer by an e-mail.
- By accepting the content of these Regulations, the Photographer consents to receive electronic invoices in PDF format. The Administrator reserves the right to issue an invoice in paper form if for technical reasons it will not be possible to issue an invoice in electronic form. In such case, the invoice will be sent by post to the correspondence address indicated by the Photographer.
- Information about the Administrator's Services provided through the Website constitutes an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
- The Administrator reserves the right to change the prices of Administrator Services on an ongoing basis and to carry out and cancel all types of promotional activities.
- The right referred to in par. 11 above, does not affect orders placed before the effective date of the price change or share conditions.
Services provided through the Website
- Through the Website, the Administrator provides by electronic means services to Photographers consisting in enabling the Photographer to share photos with Clients and persons authorized by the Client.
- In addition to the main service referred to in paragraph 1 above, the Website is a collection of professional, additional tools for Photographers, which are designed to make their offer more attractive by expanding the package of solutions offered to Clients and simplifying communication between Photographers and Clients.
- The detailed scope of services referred to in paragraph 1 and 2 above is located in the Price List.
Posting and sharing photos on the Website
- Photos posted on the Website by Photographers are grouped in albums or virtual catalogues containing one or more photos. The Photographer may give albums names and decide to release the album to new Clients or Clients who have an Account on the Website.
- Changing the album's availability settings is possible through the Photographer's Account.
- The photographer, by sharing photographs with Clients or other Users, may decide on the type of watermark that will be placed on the shared images.
- By providing photographs, the Photographer chooses the payment method for the order placed by the Client
- The photographer making photos available to the Client determines the terms of sale including the price of the photo packages offered to the Client as well as the type (digital files, prints, download option) and the number of photos covered by the package, prices of photos not included in the package.
- Through the Website, the Photographer may obtain from Clients consent to the processing of their personal data as well as to provide electronic services and other consents related to the provision of services to the Client.
- The Photographer through the Website may also - with the help of the Client - obtain the consent of third parties to process their personal data, if the processing of such data is necessary in order to perform the contract concluded with the Client.
- Photographs may be available on the Website for the time necessary to perform the contract concluded between the Photographer and the Client, and after the execution of this contract for the period in which the Photographer or the Client can raise claims against each other based on concluded contract and for the time the Photographer has the right to store and process photos on a different basis than performance of the contract concluded with the Client, in particular for the period for which the consent of persons whose image has been fixed in the photos for processing personal data by the Administrator or until such consent is withdrawn and only for the purpose covered by that consent.
- The Photographer, throughout the use of the Website, has access to the history of orders placed by him on the Website. The Photographer also has access to the order history of the Products offered by him, submitted by the Clients via the Website - for one year from the moment of finalizing the order by the Client.
- The Photographer acknowledges that the Website is not a tool for recording and storing photos, and posting photos on the Website is intended to enable sharing of photos with Clients or third parties for the purpose of selling the Products offered by the Photographer and not storing photos. The Administrator does not guarantee that the photos posted by the Client in the above period will be permanently available on the Website and, in the broadest scope permitted by law, are not liable for their loss by the Photographer. For the above reasons, the Administrator recommends that Photographers perform backup copies of photos and store them on separate storage media.
- The Administrator is not obliged to check the photographs posted by Photographers on the Website, but is entitled to check them and to remove photos that are illegal, infringe upon the rights of third parties, personal rights, rules of social conduct or the provisions of these Regulations. The Photographer will be notified of the intention to delete photos posted by the Photographer to the email address currently registered on the Website.
Providing albums by Clients
- Photographs posted on the Website by Photographers grouped in albums that can be made available to Clients, as well as to third parties if such a feature is available under the given Administrator Service and the Photographer allows access to third parties. For this purpose, by providing a photo to clients, the Photographer must select the option of sharing individual albums with third parties, provide the Client generated Website address (link) on which the photos are located and configure the access password, which will be necessary to access the site, on which photos have been posted.
- Photos provided to third parties by Clients bear a watermark, unless these photos have already been purchased by Clients.
- Clients can modify the view of albums in the wedding panel that are being made available to third parties in such a way that they can select images that will be visible in the preview mode by third parties.
- Third parties, according to the rules provided for Clients, can order and buy photos choosing from that shared with them by Clients, in the form of digital files or prints, as well as download photos if the Photographer has made available such a possibility.
Cooperation with Laboratory
- The Photographer, via the Website, may place orders for products offered by particular Laboratories on terms and at prices indicated in the price lists from individual Laboratories.
- For the purposes of the implementation of individual orders submitted by Clients, the Photographer may choose the Laboratory cooperating with the Website, which will enable him to transfer the order to the Laboratory via the Website. When the Laboratory is selected by the Photographer, they establish cooperation on the terms set out in a separate agreement. The Administrator is not part of this agreement and is not liable for non-performance or improper performance of the contract by any of the parties, i.e. by the Photographer or the Laboratory.
- In the field of cooperation between the Photographer and the Laboratory, the Administrator is not responsible for the content of the order or the quality of the order by the Laboratory, unless the content of the order or its improper performance result from the Administrator's culpable action or omission.
- If the Photographer executes an order from a laboratory that does not cooperate with the Website, the order is transferred to the laboratory and its implementation as well as the communication between the Photographer and the laboratory takes place outside the Website.
- The Photographer who accepts the payment from the Client for the order including the purchase of photo prints is obliged to make appropriate settlement for this title with the Laboratory, which he has chosen in order to perform this service for the Client. The Administrator shall not be liable for the Photographer's failure to settle accounts with the Receivables due to the order from the Photographer or from the Client being processed by the Laboratory.
- The Administrator does not mediate in settlements between the Photographer and his Clients or in settlements between the Photographer and Laboratory chosen by him for the purposes of particular services of the Laboratory.
- The Administrator respects the Users' personal data and meets the requirements of their protection resulting from the generally applicable provisions of law.
- In connection with the use of the Website and the functionality it offers, the Photographer may transfer to the Administrator as a processor the personal data of its employees in relation to which it is the data controller. The Administrator undertakes to process the personal data of the Photographer's employees, communicated to him in connection with and to the extent to which it is related to the use of the Website's functionality and services provided by the Administrator only for the purpose for which they were sent for processing and while maintaining all technical, organizational and legal measures, ensuring proper protection of personal data provided to him for processing.
Administrator ‘s liability
- The Administrator is liable for non-performance or improper performance of obligations towards the Photographer, in particular for the provision of Administrator Services in a manner inconsistent with the Regulations, if its operation is fault and intentional.
- The Administrator shall not be liable for the consequences of the Photographer's infringement of author's proprietary or personal rights or any rights of third parties in connection with the use of the Website in particular in connection with uploading photos by the Photographer on the Website.
- The Administrator shall not be liable for the non-performance or improper performance by the Photographer or the Client of the obligations arising from the legal relationship between them under a separate contract, as well as for infringements by authors or third parties of the personal and property rights of Photographers.
- The Administrator is not responsible for the performance or proper performance of the obligation by Laboratories providing their services to Photographers, Clients or third parties through the Website. All claims resulting from non-performance or improper performance of the obligation by individual Laboratories should be sought directly from these Laboratories.
- In the event of unsatisfactory quality of Services provided by the Administrator or by other entities on his behalf, or in the event of non-performance or improper performance of obligations by the Administrator towards Photographers, the Photographer is entitled to submit a complaint.
- Complaints should be reported by sending an e-mail to firstname.lastname@example.org, entering "complaint" in the subject of the message.
- A properly submitted complaint should contain at least the following data:
- Photographer's identification (name and surname, mailing address, e-mail address, and in the case of Photographers who are not natural persons, name (business name), address of the registered office and data of a natural person authorized to handle matters related to the submitted complaint and its e-mail address);
- a brief description of the comments and notes;
- photo-documentation if it is possible.
- Complaints are considered by the Administrator immediately, no later than within 14 days.
Change of Regulations
- The Administrator reserves the right to amend the Regulations at any time, if the change is required by applicable law, and to improve the quality or extension of the scope of the Administrator's Services.
- Any changes to the Regulations will be announced to the Photographer by posting a new text of the Regulations on the Website, which comes into force after 14 days from the day following the day of its publication on the Website. At the same time, with the publication of information on the planned change in the Regulations on the Website, an e-mail address provided by the Photographer in the Photographer's Account, the Administrator will send information about the planned change of the Regulations.
- If the Photographer does not agree to the conditions set out in the new Regulations, he has the right to stop using the Website and delete the Photographer's Account.
- In the event of stopping to use the Website for the reasons referred to in par. 3 above, the Photographer has the right to apply for a refund of the price paid for the package of services provided by the Administrator in the part in which he did not realize the scope of services covered by the package in relation to all services included in the package until the date of deleting the Photographer's Account. Services that are provided in connection with the purchase of a given package as additional services as part of a promotional offer are not subject to billing in the case of termination of use of the Photographer's Account for the reasons referred to in par. 3 above.
Sending information electronically
- The photographer agrees to receive information electronically.
- The photographer shall receive information, including commercial information, sent by the Administrator on his own behalf or on behalf of third parties to the e-mail address provided by him. The Photographer may at any time withdraw consent for receiving commercial information by electronic means, unless the transmission of information by electronic means is necessary in order to perform the contract.
- The Regulations are available on the Website at any time in a manner allowing its recording and copying by Photographers.
- In matters not covered by the Regulations, generally applicable provisions of law shall apply.
- Regulations are subject to Polish law and should be interpreted in accordance with Polish law.
- All disputes between the Administrator and the Photographer will be resolved by the court with jurisdiction over the seat of the Administrator.