AW-OZ APPLICATION: TERMS AND CONDITIONS OF USE

  1. The creator and owner of the AW-OZ application at https://or.g-w.eu/, hereinafter referred to as the “Application” or the “System” is Andrzej Wolff, Ph.D. and WOLFF GROUP limited liability company limited partnership based in Balice (KRS 0000942344), hereinafter referred to as “GW”. The System and all rights related to it, including, but not limited to, ownership and intellectual property rights to the System, belong to Andrzej Wolff and GW and/or their licensors, with GW being the only entity authorized and at the same time obligated to appear in the market in connection with the Application. Therefore, further provisions in this document will refer to GW, the only entity appearing as a party in customer relations concerning the Application, including those regulated herein.
  2. The Application was developed based on GW’s many years of experience in process and explosion safety, drawn from cooperation with GW’s customers. It is intended for self-use, to enable current and future GW customers to get an initial idea about the reasonableness of possible protection of selected process equipment which creates a risk of ignition and explosion/fire during operation, and is used in the designed or existing process lines and production facilities of these customers.

The Application and the results presented therein shall not be considered source of information for self-selection and purchase of the right explosion-proof equipment/system.

    1. The results of the analysis presented in the Application cannot be used directly by the customer to select or purchase equipment to protect against the effects of a possible explosion. Prior to selection and purchase, these results should be consulted with a GW process and explosion safety specialist. GW shall not be responsible for the consequences of decisions made by the customer, based on the results obtained during the use of the Application, without consulting GW and without taking/continuing cooperation with GW on separately agreed terms.
    2. The use of the Application is free of charge and is independent of cooperation with GW or lack thereof. However, the use of the Application by the customer is subject to certain rules described below. The term “Application” will hereafter be referred to interchangeably with “System”.
    3. Access to the System is granted for 1 individual, identified by a unique e-mail address provided by the customer. The customer logs in with the unique e-mail address at an individual workstation of the System.
    4. The system is available online at https://or.g-w.eu/. The online version of the system is made available to the customer via the Internet.
    5. GW will provide the customer with a login and password, which will be sent to the contact e-mail address indicated by the customer in the registration form at https://or.g-w.eu//. The login data shall remain confidential.
    6. The System will be available only after the customer gives the marketing consent placed on the page used to log into the System.
    7. The customer shall be granted access to the System for a period not exceeding 60 days, for the performance of a predetermined number of computations using the System. At any time, the customer wishing to start or continue cooperation with GW, having to do with data from the System, may contact the appropriate GW department (contact persons indicated at https://www.grupa-wolff.com/) to be granted further access to the System. However, whether this will happen and whether it will happen under the terms of this document or a separate agreement, will be decided by GW.
    8. The technical requirements for using the System, to be met by the customer, are as follows:
      • Internet connection;
      • a web browser that supports HTML technology, version at least: Chrome 49, Firefox 52, Internet Explorer 9, Edge, Opera 36, Safari for macOS;
      • a PDF reader, such as Adobe Reader, downloadable from www.adobe.com;
    9. Due to the necessary periodic updates, the System may be temporarily unavailable.
    10. The license granted to the customer to use the System, including the use of the results of calculations made by the System is non-exclusive, and non-transferable. The license is granted for a specified period of time, indicated in paragraph 9 above, unless GW earlier restricts or disables access to the System to the customer under the conditions specified in paragraph 23 below.
    11. GW is not responsible for defects in the System, as well as those resulting from circumstances beyond the control of GW or its subcontractors, or improper use of the System.
    12. GW shall not be liable for:
      • loss of data,
      • system failures,
      • other damages or harm.
  1. GW is not liable to the customer or any third party for any damage related to the use of data contained in the System or the inability to use the System, regardless of the reason.
  2. GW is not responsible for lost profits and other damages not having the nature of actual damage caused intentionally by GW.
  3. The customer’s rights against GW under the warranty for physical and legal defects are excluded.
  4. GW is not responsible for sharing with third parties, by the customer, the access codes and e-mail addresses mentioned above.
  5. Customer shall not copy, distribute or extract components of the System, as well as shall not create products based on the System (a derivative work).
  6. The Customer may not modify, translate or reproduce the System.
  7. The Customer may not sub-license the System, hand it over for use, lend it to others, or borrow it from others, and may not use the System to provide for-profit services.
  8. The Customer may not attempt to reproduce the source code of the System by decompilation or disassembly or by any other means, unless permitted by law, which to the extent applicable, expressly waives this provision.
  9. The customer agrees to use the System and its functions in a manner that will not restrict access to these services by other end users. GW reserves the right to restrict the use of the System to specific customers or block it completely.
  10. As a rule, the customer does not have the right to file complaints on matters concerning the use of the System, however, GW values possible comments from customers, serving to improve the System. Comments can be sent to info@g-w.eu.
  11. The rules of personal data processing, privacy policy – applied by GW – are contained on the website: https://www.grupa-wolff.eu/rodo-klauzula-informacyjna-polityka-prywatnosc-pliki-cookies/.
  12. Any notifications related to the System, intended for the customer, may be made in the form of an electronic message addressed to the customer’s e-mail address, unless this document expressly provides for the requirement of written form.
  13. Any disputes arising from the use of the System will be settled before the court having jurisdiction over the seat of GW or its legal successor.

In matters not covered by this document, the provisions of Polish law, in particular the Civil Code, the Law on Copyright and Related Rights, the Law on Provision of Electronic Services and the Law on Protection of Databases shall apply.

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