Terms and Conditions

Terms and Conditions

I. General terms

  • Regulations – these
  • Service – the website of “Fig&Pear”, operating at https://figandpear.com
  • Service Provider – company “DW Diana Świtajewska” with registered address: Kaczyńskiego 31/44, 80-364 Gdańsk, Poland, VAT-EU: PL7181993869,
  • Service Recipient – any natural person accessing the Service and using the services provided by means of the Service Provider.
  • Electronic Communication – Communication between the parties via electronic mail (e-mail) and contact forms available on the Website.

II. General provisions

  • Terms and Conditions, sets out the principles of operation and use of the Site and defines the scope of rights and obligations of the Service Recipients and the Service Provider related to the use of the Site.
  • The object of the Service Provider’s services is to make available, free of charge, tools in the form of the Website, which enable the Service Provider’s Customers to access content in the form of posts, articles and audiovisual materials or online applications and electronic forms
  • All possible content, articles and information containing the features of tips or advice published on the Website are only a general collection of information and are not directed to individual Service Recipients. The Service Provider shall not be liable for their use by the Service Recipients.
  • The Service Provider shall take full responsibility for the use of the materials made available on the Website, including their use in accordance with applicable law.
  • The Service Provider makes no warranty as to the suitability of the materials posted on the Website.
  • The Service Provider shall not be liable for any damages incurred by the Service Recipients or any third parties in connection with the use of the Site. All risks related to the use of the Site, and in particular to the use and exploitation of the information posted on the Site, shall be borne by the Service Recipient using the Site.

III. Terms and conditions of using the Site

  • The use of the Site by each Service Recipient is free of charge and voluntary.
  • Service Recipients are required to read the Terms and Conditions and the other documents forming an integral part of the Terms and Conditions and must accept their provisions in full in order to continue using the Site.
  • Recipients may not use any personal data obtained on the Website for marketing purposes.
  • Technical requirements for using the Website:
    • a device with a display capable of displaying web pages,
    • internet connection,
    • any web browser that displays web pages in accordance with the standards and provisions of the W3C Consortium and supports web pages provided in HTML5,
    • JavaScript enabled,
    • cookie enabled
  • In order to ensure the safety of the Service Provider, the Service Recipient and other Service Recipients using the Site, all Service Recipients using the Site should comply with generally accepted network security principles,
  • It is forbidden to carry out actions performed personally by the Service Recipients or using oprorgamming:
    • without written permission, decompiling and analyzing source code,
    • without written permission, causing excessive load on the Service server,
    • without written permission, attempting to detect vulnerabilities in the Service security and server configuration,
    • attempting to upload or inject code, scripts and software that may harm the Service software onto the server and into the database,
    • attempt to upload or inject code, scripts and software on the server and in the database which may trace or steal data of the Service Recipients or the Service Provider,
    • take any actions which are aimed at damaging, blocking the operation of the Site or preventing the Site from achieving its purpose.
  • In the event that we detect the occurrence or potential occurrence of a Cyber Security incident or a breach of the GDPR, Service Recipients should report this to the Service Provider in the first instance in order to quickly rectify the problem/threat and safeguard the interests of all Service Recipients.

IV. Conditions and rules for registration

  • Service Recipients may use the Site without registration.
  • Service Recipients must be registered and have an account on the Site in order to use additional services provided on the Site, available only to Service Recipients after logging in.
  • Registration on the Site is voluntary.
  • Registration on the Site is free of charge.
  • Each Service Recipient may have only one account on the Site.
  • Technical requirements for registering an account:
  • having an individual e-mail account,
  • By registering on the Site, Service Recipients consent to the processing of their personal data by the Service Provider to the extent that they have been entered into the Site during the registration process and their subsequent changes or deletion.
  • The Service Provider has the right to suspend or delete accounts of Service Recipients at its sole discretion, thus preventing or restricting access to particular or all services, content, materials and resources of the Site, in particular if the Service Recipient violates the Terms and Conditions, generally applicable laws, rules of social coexistence or acts to the detriment of the Service Provider or other Service Recipients, the legitimate interests of the Service Provider and third parties cooperating or not with the Service Provider.
  • All services of the Site may be changed as to their content and scope, added or subtracted, as well as temporarily suspended or access to them may be restricted, at the Service Provider’s discretion, without the Service Recipients being able to object in this respect.
  • Additional security rules for the use of the account:
    • Service Recipients registered on the Site are prohibited from sharing their account login and password with third parties.
    • The Service Provider does not have the right and will never request the Service Recipient’s password for the selected account.
  • Deleting an account:
    • Any Service Recipient with an account on the Service has the option to delete their account from the Service themselves.
    • Service Recipients can do this by logging into their panel on the Service.
    • The deletion of the account results in the deletion of all identification data of the Service Recipient and the anonymisation of the username and e-mail address.
  • V. Terms and conditions of the Newsletter service

  • Service Recipients may use the Site without signing up for the Newsletter.
  • Signing up for the Newsletter service is voluntary.
  • Signing up for the Newsletter service is free of charge.
  • Technical requirements related to the Newsletter service:
  • having an individual e-mail account,
  • Terms and conditions of the Newsletter service:
    • providing in the electronic form an individual e-mail account,
    • verification of the provided e-mail account by activating a link sent to it,
    • consent to receive e-mail notifications,
  • Newsletter service scope:
    • notification of new news, posts, contests, and other promotional actions related to the Service,
    • notification of promotional actions of the Service’s partners (Marketing messages),
  • Unsubscribing from the Newsletter service:
    • Each Customer subscribed to the Newsletter service has the possibility to unsubscribe from the Service on their own.
    • Service Recipients may do so via a link included in each email sent.
    • Unsubscribing from the Newsletter service results in the removal of the provided email address from the Service Provider’s database.
  • VI. Terms and conditions of communication and provision of other services on the Service

    • The Service provides services and tools enabling the Service Recipients to interact with the Service in the form of:
      • Contact form
    • In the case of contact between the Service Recipient and the Service Provider, the Service Recipients’ personal data will be processed in accordance with the privacy policy, which forms an integral part of the Terms and Conditions.

    VII. Collection of data about Service Recipients

    In order to properly provide services by the Website, to safeguard the Service Provider’s legal interest and to ensure that the Website operates in accordance with applicable law, the Service Provider, through the Website, collects and processes certain data about Users.

    In order to properly provide services, the Website uses and records certain anonymous information about the Service Recipient in cookies.

    The scope, purposes, manner and principles of data processing are available in the appendices to the Regulations: Information obligation under GDPR and in the privacy policy which forms an integral part of the Terms and Conditions.

    • Data collected automatically:
      For the smooth operation of the Website and for statistics, we automatically collect certain data about the Service Recipient. This data includes:
      • IP address
      • Browser type
      • Screen resolution
      • Approximate location
      • Subpages of the Service that are opened
      • Time spent on the corresponding subpage of the Service
      • Type of operating system
      • Address of previous subpage
      • Address of referring page
      • Browser language
      • Internet connection speed
      • Internet service provider
      • Anonymous demographic data based on Google Analytics data:
        • Gender
        • Age
        • Interests
      • Anonymous data necessary to serve ads:
        • Data related to remarketing
        • Data related to reporting on displayed ads

    The above data is obtained via the Google Analytics script and is anonymous.

  • Data collected during registration:
    User name, first and last name, email address

    For logged-in Customers (those with an account on the Site), cookies stored on the Customer’s device may include the Customer ID associated with the Customer’s account

  • Data collected when signing up for the newsletter:
    email address
  • VIII. Copyright

    • The Service Provider is the owner of the Service and the copyright to the Service.
    • Part of the data on the Site is protected by copyright belonging to companies, institutions and third parties, not related in any way to the Service Provider, and is used under licences obtained or based on a free licence.
    • Pursuant to the Act on Copyright of 4 February 1994, it is prohibited to use, copy, reproduce in any form or save in search systems, with the exception of the search engines Google, Bing, Yahoo, NetSprint, DuckDuckGo, Facebook and LinkedIn any articles, descriptions, photos and any other content, graphic, video or audio material on the website without the written consent or approval of the legal owner of the content.
    • In accordance with the Act of 4 February 1994 on Copyright, simple press releases, understood as information itself, without any commentary or assessment by the author, are not protected. The author understands this to mean the possibility of using information from the texts posted on the website, but not the copying of all or part of the articles, as long as this is not indicated in the individual material provided on the website.

    IX. Changes to the Terms and Conditions

    • All provisions of the Terms and Conditions may be unilaterally changed by the Service Provider at any time, without giving reasons.
    • Information on changes to the Terms and Conditions will be sent electronically to Service Recipients registered on the Site.
    • In the event of changes to the Terms and Conditions, the provisions of the Terms and Conditions shall take effect immediately after their publication for Service Recipients who do not have an account on the Site.
    • If these Terms and Conditions are amended, their provisions shall come into force with a transition period of 7 days for Service Recipients with Service accounts registered before the amendment.
    • Any Customer continuing to use the Site after the Terms and Conditions have been amended shall be deemed to have accepted them in full.

    X. Final provisions

    • The Service Provider shall make every effort to ensure that the services of the Website are offered on a continuous basis. However, the Service Provider shall not be held liable for any disruptions caused by force majeure or unauthorised interference of the Service Recipients, third parties or the activity of external automatic programmes.
    • The Service Provider reserves the right to change any information posted on the Site at any time selected by the Service Provider, without prior notification to the Service Recipients using the Site services.
    • The Service Provider reserves the right to shut down the Site temporarily, in whole or in part, in order to improve the Site, add services or carry out maintenance, without prior notice to the Service Recipients.
    • The Service Provider reserves the right to shut down the Site permanently, without prior notice to the Service Recipients.
    • The Service Provider reserves the right to assign, in part or in whole, any of its rights and obligations relating to the Site, without the consent and possibility of any objection by the Service Recipients.
    • The current and previous Terms and Conditions of the Site can be found on this subpage under the current Terms and Conditions.
    • In all matters relating to the operation of the Site, contact the Service Provider using one of the following forms of contact:
    • Using the contact form available on the Site
    Contact using the indicated means of communication only in matters relating to the operation of the Site.