Terms of use

§ 1 . General Provisions

These terms of use set out the conditions for the provision of paid and free of charge services by electronic means by the University of Warsaw Interdisciplinary Centre for Mathematical and Computational Modelling (ICM UW), ul. Krakowskie Przedmieście 26/28, 00-927 Warszawa, having legal personality pursuant to Article 9(1) of the Act of 20 July 2018 - The Law on Higher Education and Science (JoL RP of 2018, Item 1668), NIP [Tax ID No.] 525-001-12-66, REGON [National Business Reg. No.] 000001258.
The meteo.pl Website and its subordinate sites are run as part of research, development and implementation work of the Interdisciplinary Centre for Mathematical and Computational Modelling at the University of Warsaw (ICM UW).
Correspondence address: ICM UW, ul. Tyniecka 15/17, 02-630 Warszawa, email: meteo@icm.edu.pl.
These Website Terms of Use have been developed, adopted and made available to Users pursuant to Article 8(1) and (3) of the Act of 18 July 2002 on the Provision of Services by Electronic Means (JoL RP of 2019, Item 123 as amended), hereinafter referred to as the “Act”.
The Terms of Use shall be made available free of charge on the www.meteo.pl Website and on related sites in a way that enables their content to be obtained, reproduced and recorded, and at the seat of ICM UW indicated in section 3 above.
The manner of personal data processing is described in detail in § 9 hereof.
ICM UW reserves the right to amend these Terms of Use at any time. Any amendments hereto shall be effective from the moment they are posted on the Website.

§ 2 . Definitions of the Terms Used

Administrator – the person acting as the administrator of the Website and its subordinate sites,

Application – software put on the meteo.pl Website for the automatic downloading of processed meteorological data,

ICM UW – the Interdisciplinary Centre for Mathematical and Computational Modelling, the University of Warsaw,

Account – a User account created as a result of registration on the Website,

meteo.pl Website – the meteo.pl domain with all its content (including subordinate sites),

Website Terms of Use – theses terms of use.

Contract – a contract for paid services provided by electronic means concluded by and between the ICM UW and the User.

Services – free of charge and paid services provided by ICM UW as part of its Websites,

Customer or User – an adult natural person or a legal person who, by accepting these Terms of Use, has gained access to the services offered by the meteo.pl Website. A minor and a person without full legal capacity may also be a User, subject to the consent of their statutory representative.

§ 3. General Terms and Conditions of Service

These Terms of Use set out the principles for the free of charge and paid use of the meteo.pl Website by Users as well as the rights, obligations and scope of responsibility of Users and the rights, obligations and scope of responsibility of ICM UW. Matters not covered by these Terms of Use shall be governed by generally applicable Polish law, in particular the Civil Code.
The products available through the Website are based on numerical meteorological forecasts and climate scenarios. Meteorological forecasts are the result of mathematical modelling and by definition are not the same as the actual conditions. ICM UW shall not be liable for any possible losses or lost profits incurred by the Customer or third parties and resulting from the use of the Website.
The meteo.pl Website includes paid and free of charge services.
The free of charge services, subject to § 3 sec. 12, 13, 14, 15, 16, include:
visualisations of weather forecasts in the form of charts (meteograms) based on selected meteorological parameters,
visualisations in the form of static and dynamic maps.
The paid services shall be provided in line with §§ 4-8 hereof.
Users shall use the Website in a manner consistent with applicable law and social and moral norms, and shall comply with the rules indicated herein.
Each User of the meteo.pl Website shall be responsible for the consequences of their actions.
In order to gain access to the Website’s paid resources, the User shall be required to register on the Website and select a paid service.
The provision of forecasts and products based thereon shall not take place on an exclusive basis, in particular the Customer shall not be the exclusive user of the forecasts and products based thereon.
The use of the forecasts and products generated by the Website shall not transfer the copyright in the use and disposal of the methodology and techniques for developing the forecasts and products.
The information on the meteo.pl Website does not constitute an offer within the meaning of the Civil Code.
The use of data from the Website shall only be permitted for non-commercial purposes and subject to indication of source.
Any automated downloading of meteo.pl Website content shall only be possible on the basis of a written agreement with ICM UW.
The use of the data for business activities, as defined in Article 3 of the Act of 6 March 2018 - Entrepreneurs Law (JoL RP of 2019, Item 1292, as amended), including publication of the data in newspapers, magazines, journals as well as on websites containing advertisements shall require a written agreement with ICM UW.
The creation of paid mobile applications or applications containing advertisements based on data from the Website shall require ICM UW’s written permission.
Provision of free mobile applications based on data from the meteo.pl Website on sites containing advertisements shall require a written agreement with ICM UW.
ICM UW reserves the right to carry out maintenance work and to other breaks or disruptions to the availability and use of the Website that may hinder or prevent the Customer from using the Website.
The meteo.pl services providing access to selected products are aimed at users interested in using archived and current data but these services shall not ensure operational, uninterrupted access to the database.
ICM UW shall have the right to amend the Terms of Use due to, without limitation, a change in the functionalities of the meteo.pl Website, in particular by:
a. making it easier for Users to use the Website,
b. introducing new functionalities onto the Website,
c. removing functionalities that ICM UW is not able to maintain for technical or other reasons,
d. ICM UW shall have the right to amend the Terms of Use also in order to adapt the Terms of Use to applicable law.

Any disputes relating to the use of the Website shall be settled by Polish common courts in accordance with Polish law.
These Terms of Use shall enter into force on 01 November 2019.

§ 4. Registration on the Website

Registration on the Website shall be free of charge and voluntary. As a result of registration on the Website by the User, a User account shall be created.
In order to use the Website, it shall be necessary to have a computer with Internet access and an up-to-date web browser with cookies and JavaScript enabled.
The registration shall be effected by the User by filling in a form and shall proceed as follows:
acceptance of the Website Terms of Use by means of an electronic declaration by the User that the User has read the Terms of Use and accepts their provisions;
giving consent to the processing of the necessary personal data by ICM UW;
provision of the following data necessary for identification purposes:
a. login,
b. email,
c. password,
d. filling in the data necessary for issuing and sending invoices (company details: full name and address and Tax ID number (NIP)); non-provision of the data for invoicing shall be an unequivocal and permanent declaration of non-invoicing.
The User shall be verified as follows:
once the User has registered on the Website, an automatic reply containing an activation link and the User’s login shall be sent to the email address provided by the User,
if no activation link is received, the User should contact the Website by writing at meteo@icm.edu.pl,
clicking the activation link by the User and entering the login and password shall complete the process of registration on the Website.
Until the verification is completed, access to the Website shall not be possible. Successful verification shall complete registration on the Website and result in the creation of an Account that enables the User to use the Service.
Access to the User’s Account shall be secured by a password. ICM UW shall not be liable for the consequences of disclosure by the User of the User’s login data to third parties.
Users may change their data when logging into their Account.
ICM UW reserves the right to block Users and to impose access restrictions in the event of a breach of these Terms of Use.

§ 5. Payment Forms

Each time a payment is made, it shall be tantamount to the conclusion of a Contract on the terms and conditions set out herein.
The prices of the Services are gross prices and include VAT. They are quoted in Polish zloty. The prices shall be binding as at the Contract conclusion and until the full amount of payment is exhausted.
Payment shall be made in advance and shall be a prerequisite for access to selected content. A single topping up of the User’s account (one-time payment transaction) shall be no less than 5 PLN. After a transfer, the User’s account shall credited with funds to be used within the next 12 months.
Payment shall be made online (PayU) - in the form of electronic payment (online transfer or credit card) operated by PayU SA with its registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, a domestic payment institution supervised by the Polish Financial Supervision Authority (KNF), entered into the Register of Payment Services under the number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS No. 0000274399, with the share capital of PLN 4,944,000, fully paid up, holding tax identification number NIP: 779-23-08-495, REGON [National Business Reg. No.] 300523444.
ICM UW reserves the right to change the prices of the Services. The relevant information shall be posted on the Website.
Price changes shall be valid from the moment they are entered into the Website’s IT system.

§ 6. Complaints

A complaint may in particular be about the lack of access to the Website, with the exception of maintenance breaks announced on the Website.
ICM UW shall be liable for defects under applicable law.
Complaints can be filed by email at: meteo@icm.edu.pl within a period of no longer than 14 days from the date on which the circumstances covered by the complaint arose.
A complaint shall contain at least the following data:
a. designation of the User (including the User’s full name, postal address, email address and, in the case of legal persons and other entities, their name, postal address and details of the person authorised to represent the User in connection with the complaint),
b. description of the problem giving rise to the complaint,
c. the User’s request.
ICM UW shall process the complaint immediately, no later than within 30 days from the date of its receipt, and shall send notification of further proceedings to the User’s email address provided in the User’s Account.
Should ICM UW fail to respond to the User’s requests within 30 days, it shall mean that the requests have been deemed to be justified.

§ 7. Termination of the Contract

The User shall have the right to terminate the contract without cause and without incurring costs during a notice period of 30 days.
In the event of termination of the Contract by the User, ICM UW shall not refund any payment made by the User. The User shall have the right to use the Service until the full amount of the payment made is exhausted, subject to § 8(6).
Notice of termination of the contract by the User may be given in any way ensuring, however, that ICM UW is able to familiarise itself with its content, in particular it may be sent to meteo@icm.edu.pl.

§ 8.Withdrawal from the Contract
(pertains to consumer contracts)

The User being a Consumer shall have the right, without giving any reason and without incurring costs, to withdraw from the Contract within 14 days from its conclusion. To meet this deadline, it shall be sufficient to send the relevant declaration before its expiry.
The User who has downloaded content from the Website shall not have the right to withdraw from the Contract.
Starting to download content from the Website shall be tantamount to the User’s consent to performance of services and the loss of the right of withdrawal.
Declaration of withdrawal may be submitted in any way ensuring, however, that ICM UW is able to familiarise itself with its content, in particular it may be sent to meteo@icm.edu.pl.
ICM UW shall refund the payment made by the User without undue delay.
If the User being a Consumer exercises his/her right to terminate the Contract as referred to in 8, the payment not used by the date of termination becoming effective shall be refunded to the bank account indicated by the User.

§ 9. Personal Data Protection

The Controller of the personal data of the User of the meteo.pl website (the Website) is the University of Warsaw (UW) with its registered office at the address: ul. Krakowskie Przedmieście 26/28, 00-927 Warszawa.
The Controller has appointed a Data Protection Officer (DPO) overseeing the correctness of the processing of personal data, who can be contacted at: iod@adm.uw.edu.pl.
The Website User’s personal data shall be processed for the purposes of providing services through the Website, i.e. in order to:
create an account on the Website,
bill services if the User uses Website paid services,
collect statistics on the use of the Website and its functioning - cookies - see sec. 7 of this Clause,
personalise the advertising content provided - cookies - see sec. 7(b) of this Clause.
The User’s data shall be processed based on the User’s consent to the processing - Article 6(1)(a) of 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), hereinafter as the GDPR. The data of the User who uses paid services of the Website shall be processed on the basis of Article 6(1)(b) of the GDPR.
The provision of personal data for the creation of a User account is voluntary, however failure to provide data shall render the use of the Website by the User not possible. The provision of data in the case of paid services is mandatory and necessary for the performance of the contract, failure to provide data shall result in the inability to use the services.
In the case of paid services provided by the Website the personal data shall be shared with entities that process online payments: PayU with which the University of Warsaw has entered into a contract for the entrustment of the processing of personal data, and with entities authorised by law. The data contained in the cookies shall be shared with the company Publishers Revenue Optimization, as referred to in sec. 7(b) of this Clause.
The meteo.pl Website and pages in meteo.pl subdomains use cookies.
Cookies are necessary for the proper functioning of the Website, collecting statistical information and facilitating the use of the Website by Users. Details of the cookie policy at UW are available at: http://www.uw.edu.pl/politykaobslugi-cookies-ciasteczek-w-serwisach-uw/.
Cookies collected during the use of the Website shall be shared with the company Publishers Revenue Optimization Sp. z o.o. with its registered office in Wrocław, ul. Braci Gierymskich 76, entered into the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number 0000520454, NIP [Tax ID No.] 8943054999 (hereinafter referred to as Publishers Revenue Optimization) and used to personalise the advertisements displayed. The data is shared with the company Publishers Revenue Optimization under the contract concluded by and between the company Publishers Revenue Optimization and the company Meteo Sp. z o.o., ul. Tyniecka 15/17/1, 02-630 Warszawa, the latter operating on the basis of the licence agreement between the University of Warsaw, ul. Krakowskie Przedmieście 26/28, 00-927 Warszawa and the company Meteo Sp. z o.o., ul. Tyniecka 15/17/1, 02-630 Warszawa.
Data processed on the basis of the User’s consent shall be stored until its withdrawal. Data processed to settle payments shall be processed for the duration of the retention of financial and accounting records and the possible establishment, defence and exercise of claims.
The User shall have the right of access to and rectification of the User’s data and, under the terms of the GDPR, the right to erase data and restrict its processing, and the right to withdraw consent at any time. Consent can be withdrawn by sending an email at meteo@icm.edu.pl.
The User shall have the right to lodge a complaint with the President of the Personal Data Protection Office if the User considers that the processing of the User’s data violates the provisions of the General Data Protection Regulation.
For additional information on the processing of the User’s personal data within the Website, the User may contact the Website by email at: meteo@icm.edu.pl.