Terms and Conditions

These Terms and Conditions define the detailed conditions of use of the Hiking Map service, which is owned and administered by W3media.pl s.c. with its registered office in Kraków, al. Powstania Warszawskiego 15, Poland.

§1 Definitions

  1. Operator - W3media.pl s.c., with its registered office in Kraków, al. Powstania Warszawskiego 15, NIP: 945-212-37-28, e-mail: kontakt@w3media.pl
  2. Application - Hiking Map mobile applications for the Android and iOS systems
  3. Website - website in the domain hikingmap.app
  4. Service - the Application, the Website and the software on servers necessary for the provision of services
  5. User - a natural person using the Service in any way
  6. Account - an entry in the Service database confirming the fact of User registration, including registration via Facebook, Apple and Google
  7. Maps - map backgrounds, information about the course of tourist trails and points of interest made available in the Service
  8. User Content - content made available by the User in the Service, especially photos, comments and tracks of recorded routes
  9. Content - all content made available in the Service, including Maps and User Content
  10. User Profile - the section of the Application and the Website containing publicly available information about the User, in particular the User's first and last name, profile photo and User Content

§2 General conditions

  1. Through the Service, the Operator provides electronic services to the User within the scope described in these Terms and Conditions.
  2. The Operator shall not give any warranty for the correct operation of the Service in whole or in part, and shall not be liable for any damage resulting from errors, failures and interruptions in the operation of the Service, including loss of User Content.
  3. The Operator shall not be liable for any consequences resulting from route planning and guidance provided by the Service. The Operator shall make every effort to ensure that the Content is as reliable and up-to-date as possible and that the generated directions are as accurate as possible.
  4. The Operator reserves the right to interrupt the availability of the Service, in particular interruptions due to failures or modernisation and maintenance works.
  5. The Operator shall not be liable for Content of which it is not the author, in particular for User Content.
  6. The Operator shall not be responsible for the content of the Content.
  7. The Application and the Website may include advertising content. The Operator shall not be responsible for the content of such advertisements, nor for the content of websites linked to the advertisements.
  8. Use of the Service is voluntary and free of charge for all Users.
  9. The Operator may introduce a charge for certain services. The User shall be informed of the need to pay in each case. The User may not be obliged to pay for a service which he or she has not consented to receive against payment.

§3 Account

  1. The Application allows you to create an Account in the Service through the registration form or via your Facebook, Apple and Google accounts.
  2. During the registration of the Account in the Service, the User provides the Operator with his/her e-mail address, and at the same time agrees to receive from the Operator to this address technical information on the operation of the Service, information on new features available in the Service and information of an advertising nature.
  3. The User's e-mail address is not displayed publicly in the Service in any way. This address is used only for the purposes specified in the Service regulations.
  4. It is not allowed for the User to use other people's data in the registration process, including other people's e-mail addresses.
  5. After the registration via e-mail, the User will receive a message to the e-mail address provided by the User containing a link enabling the activation of the Account in the Service.
  6. The User is obliged to keep his/her password secret. Any action taken with the correct password shall be treated as if it had been taken by the User.
  7. The User may at any time delete his/her Account together with his/her collected personal data by using the function available after logging in to the Application.
  8. The Operator reserves the right to delete the Account and the User Content in special cases without prior notice and without stating a reason.

§4 Personal data

  1. The Operator is the administrator of personal data.
  2. Personal data is collected directly from Users registering for the Service.
  3. When registering for an Account with the Service, email address, name, gender, weight and profile photo are required. These data are necessary for the provision of the Service.
  4. The user's e-mail address is not displayed publicly in the Service in any way.
  5. The purpose of the processing of personal data is:
    • the establishment of an Account on the Service;/li>
    • provision of electronic services by the Operator within the Service;
    • to analyse and manage the User's activity in order to adjust the services and content to individual preferences;
    • to carry out marketing activities.
  6. The GDPR grants the following potential rights in relation to the processing of personal data:
    • the right of access to personal data;
    • the right to rectification of personal data;
    • the right to erasure of personal data;
    • the right to restrict the processing of personal data;
    • the right to object to the processing of personal data;
    • the right to data portability;
    • the right to lodge a complaint with a supervisory authority;
    • the right to revoke consent to the processing of personal data.
  7. The Operator shall not sell or lend the Users' entrusted personal data to other persons, companies or institutions without the User's consent.
  8. The Users' personal data may be provided to entities entitled to receive such data under applicable laws, including the competent judicial authorities.

§5 Content

  1. The User shall be fully and unlimitedly liable for all User Content.
  2. The User may only post User Content to the Service of which he/she is the author and owns unlimited copyright and property rights.
  3. The User grants the Operator unconditional and free permission to publicly present the User Profile and User Content in the Application and on the Website.
  4. Uploading photographs presenting the image of other persons shall require the User to hold the relevant consents specified by law. The User shall be fully responsible for infringement of the personal rights of third parties.
  5. In the event of any claims by third parties arising as a result of publication of User Content, the User shall cover all reasonable costs incurred by the Operator in connection with such claims.
  6. The User may not post commercial messages or information of a commercial nature.
  7. The Operator reserves the right to remove any Content without giving reasons.
  8. The User's location data recorded in the Application may be used anonymously for the purpose of statistical analysis of the routes travelled and to verify the course of the hiking trails used in the Service.

§6 Final provisions

  1. These Terms and Conditions shall enter into force on the date of their publication.
  2. The Operator reserves the right to make changes to the Terms and Conditions. Registered Users shall be notified of amendments to the Terms and Conditions by electronic means.
  3. By using the Service in any way, the User declares that he/she has read and accepts the content of these Terms and Conditions.