Terms of Service

This document (hereinafter: the "Terms of Service") sets out the rules governing access, privacy, and the provision of services through the website (hereinafter: the "Website") operated by the Service Provider.

I. General information

  1. The Website is operated by Tygodnik Powszechny Spółka z ograniczoną odpowiedzialnością (limited liability company), with its registered office in Kraków at ul. Dworska 1C/LU 3-4, 30-314 Kraków, entered in the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division, under KRS number 0000045152, NIP (tax identification number): 6760056914, REGON (statistical number): 350319302, with fully paid-up share capital of PLN 2,666,000.00; contact telephone: (+48) 668-477-039; email: contact@theuniversalist.com.
  2. The Service Provider can be contacted quickly and efficiently by telephone at (+48) 668-477-039 and by email at contact@theuniversalist.com and bok@tygodnikpowszechny.pl. Telephone contact is available Monday to Friday on working days, from 9:00 to 15:00. The Service Provider's preferred form of contact is email. Telephone calls are charged according to the caller's tariff, but at no more than the standard rate for a call.

II. Definitions

Terms of Service – these terms, made available in a form that allows the User to save, reproduce, and read them at any place and time. With regard to services provided electronically, the Terms of Service constitute the terms referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended), available at https://theuniversalist.com/terms-of-service

Website – the site www.theuniversalist.com

Service Provider or Provider of (Paid) Digital Content and Goods – Tygodnik Powszechny Sp. z o.o., with its registered office in Kraków at ul. Dworska 1C/LU 3-4, which provides Free Services through the Website and supplies Paid Digital Content (Time-Limited Access) and Goods on the site under the Terms and Conditions for Paid Digital Content and Goods, on the terms set out in these Terms of Service.

User – an adult natural person with full legal capacity, a legal person, or an organisational unit without legal personality but with legal capacity, who uses any of the services provided by the Service Provider.

Registered User – a User who has created an account on the Website, obtained a unique login/username and password, and has access to Restricted Services after logging in.

Consumer – a User who is a natural person performing legal transactions through the Website that are not directly connected with their business or professional activity.

Services – all services available on the Website provided electronically to Users.

Open Services – free services available to Users upon entering the Website, without the need to create an account.

Restricted Services – services available to users who have created an account on the Website, including the newsletter service. As part of Restricted Services, users can read articles made available by the Service Provider, save texts to read later, and receive messages about selected articles, promotions, and major events organised by the Service Provider (newsletter).

Free Services – all services provided by the Service Provider to Users free of charge.

Paid Digital Content (Time-Limited Access) – certain Restricted Services provided through www.theuniversalist.com on the terms set out in the Terms and Conditions for Paid Digital Content and Goods, to which the provisions of these Terms of Service apply in matters not regulated therein.

Account – a set of resources and permissions within the Website's system, available to Users free of charge, that enables them to use Restricted Services.

Materials – texts, photographs, graphics, video, multimedia, audio and audiovisual materials, excerpts of articles, and other content made available by the Service Provider on the Website as part of the services provided.

Articles – self-contained news or opinion materials published on the Website.

III. Types and scope of Services provided

  1. On the Website, the User may in particular use the following Free Services:
    1. as part of Open Services – reading selected Materials made available by the Service Provider in such a way that the User can access them at a place and time of their choosing through all web pages that make up the Website;
    2. as part of Restricted Services – reading articles made available by the Service Provider, saving texts to read later, and receiving messages about selected articles, promotions, and major events organised by the Service Provider (newsletter).
  2. On www.theuniversalist.com, which constitutes the Website, the User may also use Paid Digital Content, described in detail in the Terms and Conditions for Paid Digital Content and Goods. In matters not regulated by the Terms and Conditions for Paid Digital Content and Goods, the provisions of these Terms of Service apply accordingly.

III. Rules for using the Website and technical steps involved in concluding the agreement

  1. Users may:
    1. use the Website without creating an account or logging in, as part of Open Services;
    2. create an account using the tools available on the Website and log in using the access credentials set during account creation.
  2. To use Restricted Services, the user must create an account on the Website and provide an email address. The Service Provider will send the newsletter to that email address. Legal basis: 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: "GDPR"), and the Act of 18 July 2002 on the Provision of Electronic Services (hereinafter: "APES").
  3. A User subscribed to the newsletter may unsubscribe at any time of their choosing.
  4. An account is created by completing the form available on the Website and providing the required data, namely an email address and, optionally, a login/username, and setting a password. Once the password has been set, the User will be able to log in to the Website by entering their username and password. The password should be unique and difficult to guess.
  5. After creating an account on the Website in accordance with paragraph 2 above, the User will receive a welcome message (confirming that they can use the Website) with an activation link at the email address provided.
  6. The User has 7 days to activate their account. If the User does not activate the account within this period, it will be suspended for a further 14 days, during which the User may unlock the account by confirming their email address. After this period, the User's account will be blocked.
  7. All system emails (including the terms of agreements) will be sent to the email address provided during account creation. Providing an email address is voluntary but necessary for the proper provision of services through the Website (including sending the terms of agreements). The email address is not made public.
  8. The Terms of Service, once accepted by the user, constitute an agreement between the Service Provider and the User, the subject of which is the provision by the Service Provider to the User of the electronic services specified in the Terms of Service. As a rule, the agreement is concluded when the user creates an account on the Website and simultaneously accepts the Terms of Service.

IV. Terms of service provision

  1. The Service Provider advises that it has the status of a business, and that consumer protection provisions apply to the Sales Agreement concluded in accordance with these Terms of Service.
  2. The agreement for the provision of services available after creating an account on the Website is concluded between the Service Provider and the User for an indefinite period, and the User's first login to the Website requires them to read these Terms of Service.
  3. The Service Provider continuously monitors the technical functioning of the Website to ensure that it operates correctly and, within the scope of the services provided, is responsible for its correct operation.
  4. The Service Provider is obliged to provide its services free of defects and is liable if the service is defective, in particular due to physical or legal defects.
  5. The Service Provider has implemented appropriate technical and organisational measures to ensure that processing meets the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter: GDPR).
  6. The Service Provider is not responsible for the content of advertisements that do not constitute marketing communications for the Service Provider's own products and services, in particular those marked "self-promotion" or "publisher's own advertisement". Upon receiving credible information that an advertisement published on the Website is contrary to the law or to accepted standards of decency, the Service Provider will prevent access to it by removing it. Users may report abuse of this kind to contact@theuniversalist.com.
  7. The User is the only person authorised to use their Account.
  8. The User is obliged to comply with these Terms of Service, to use the Website in accordance with its intended purpose, and to refrain from any activity that could disrupt its proper functioning, in particular through the use of specific software or devices.
  9. The User is also obliged to use the Website in a manner consistent with social and moral norms and with the law, and in particular not to supply content that infringes the rights of the Service Provider, other Users, or third parties, including their personal rights and intellectual property rights such as copyright, or any other content that incites violence or hatred, or is pornographic, vulgar, obscene, hateful, aggressive, discriminatory, or otherwise of this nature.
  10. The User is also obliged to refrain from activities such as: sending or posting unsolicited commercial information (spam) on the Website, registering on the Website more than once, using other Users' accounts or sharing their own Account login credentials with others, and carrying out IT operations or any other actions aimed at obtaining other Users' passwords.
  11. The User is obliged to use all Materials and Articles published on the Website solely for private use. Use of the Materials beyond the scope of this provision requires the consent of the holders of copyright and related rights; failure to obtain such consent may result in the User being held liable. Sharing the Materials with anyone other than close relatives and friends, including posting them online in a manner that makes them accessible to an unlimited audience, is prohibited.
  12. If the User is found to be in breach of the provisions set out in the points above, the Service Provider is entitled, in accordance with applicable law, to remove content posted by the User and to take any action aimed at remedying the resulting damage.
  13. The Service Provider may withdraw the User's right to use the Website, and may restrict their access to some or all of the Website's resources or the Services offered through it, with immediate effect, if the User breaches these Terms of Service or applicable law.
  14. The User is obliged to notify the Service Provider without delay of any unauthorised use of their account and of any breach of the rules set out in these Terms of Service.

V. Technical requirements for using the Website

  1. The Website can be used provided that the User's IT system meets the following minimum technical requirements:
    1. an up-to-date version of one of the following browsers supporting CSS and JavaScript: Mozilla Firefox, Google Chrome, Opera, Edge, Safari;
    2. internet access;
    3. the browser must accept the necessary cookies.
  2. Use of Restricted Services requires an active, correctly configured email account that allows an account to be created on the Website and the newsletter to be sent.
  3. The Service Provider is not responsible for the Website malfunctioning if the User's hardware and software do not meet the above technical requirements.
  4. The Service Provider is not responsible for the User's overloaded internet connection or for other inter-operator connections. Nor is it responsible for disruptions to the Website's functioning caused by unauthorised interference by Users that is in no way attributable to the Service Provider.
  5. The Service Provider reserves the right to temporarily suspend the Website's operation where changes and improvements to the system, maintenance work, or the handling of a failure so require.

VI. Complaints procedure

  1. Complaints concerning the functioning of the Website and the Services provided may be submitted by the User by email to bok@tygodnikpowszechny.pl or contact@theuniversalist.com. The Service Provider undertakes to investigate the circumstances of any irregularity thoroughly.
  2. To allow the complaint to be handled as quickly as possible, it should include a description of the reason for the complaint and the data needed to identify the User, including their email address or login/username.
  3. The Service Provider will consider the complaint and notify the User of its outcome without delay, and no later than 14 (fourteen) days from the date of receipt, to the email address provided by the User during account creation or by post to the address given in the complaint.
  4. The above provisions do not preclude the User from pursuing their rights in accordance with applicable law.
  5. The User may use out-of-court complaint and redress procedures.

IX. Personal data protection

  1. The controller of Users' personal data is Tygodnik Powszechny Sp. z o.o., with its registered office in Kraków, ul. Dworska 1C/LU 3-4, 30-314 Kraków.
  2. Users' personal data is processed in order to provide certain services through the Website, in accordance with these Terms of Service, for as long as is necessary to provide those services, but no longer than until the User deletes their account on the Website. Providing personal data is voluntary but may be necessary for the provision of the above services. Users' personal data is also processed for the Service Provider's statistical and marketing purposes. The Service Provider will process Users' personal data in accordance with the applicable law.
  3. The Service Provider will process Users' personal data in order to perform a given Service and to the extent necessary to perform it. Users' personal data will be processed for any purpose other than that indicated in the preceding sentence only where there is an appropriate legal basis for such processing; details are set out in the Privacy Policy published on the Website at www.theuniversalist.com/privacy-policy.
  4. The basis for processing data in connection with the provision of services on the Website is 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: "GDPR"), and the Act of 18 July 2002 on the Provision of Electronic Services (hereinafter: "APES"): processing is necessary for the purposes of the legitimate interests pursued by the controller, namely advertising and selling its own services.
  5. Every User has the right to access their data and to have it rectified, erased, or its processing restricted, as well as the right to object and the right to data portability. Users also have the right to lodge a complaint concerning data processing with the supervisory authority, the President of the Personal Data Protection Office (UODO). Data is disclosed to third parties only within legally permitted limits. Data is not subject to profiling.
  6. The Service Provider may be obliged to disclose information collected by the Website to authorised authorities on the basis of lawful requests, to the extent specified in the request.
  7. In all matters relating to personal data protection, including the exercise of the User's rights set out above, the Data Protection Officer can be contacted at iod@tygodnikpowszechny.pl or contact@theuniversalist.com.

X. Final provisions

  1. The User may stop using the Services at any time by deleting the Account created on the Website and, in the case of the newsletter service, by clicking the unsubscribe link at the bottom of every newsletter message.
  2. Information about the User is deleted from the database immediately after the User's cancellation has been registered, in compliance with the applicable law.
  3. An Account on the Website can be deleted by sending an account deletion request to contact@theuniversalist.com or by using the feature available after logging in to the Account.
  4. The Service Provider may terminate the agreement if the User breaches these Terms of Service or applicable law.
  5. The Service Provider also has the right to terminate the agreement with 7 days' notice, subject to the requirements of the Civil Code and for the reasons indicated in paragraph 6 below.
  6. The User's right to withdraw from the agreement for the provision of Paid Digital Content is governed by the Terms and Conditions for Paid Digital Content and Goods.
  7. The Service Provider makes every effort to ensure continuous, uninterrupted access to the Website and the Services offered through it; however, the Website may be unavailable at times for reasons such as a change of hosting, Website updates, IT infrastructure failure, etc.
  8. The Service Provider reserves the right to amend these Terms of Service, in particular for the following important reasons:
    1. where an amendment is necessary due to a change in generally applicable law or because a provision of the Terms of Service has been deemed unlawful – to the relevant extent;
    2. to fulfil an obligation arising from a final court judgment or an administrative decision;
    3. for security reasons, including to prevent the service from being used in a manner contrary to the law or to these Terms of Service;
    4. to introduce changes to the functioning of the Service, including those related to technical or technological progress, and covering changes to the Service Provider's systems.
  9. The Terms of Service incorporating amendments made in accordance with the preceding paragraph will be made available to Website Users, who will be required to accept the new version at their first login to the Website after the amendments take effect. If the User does not accept the new version of the Terms of Service, they may terminate the agreement for use of the Website within 14 days of the amendments or at their first login after the amendments have been made.
  10. Amendments to the Terms of Service made for reasons other than those indicated in paragraph 7 above, in particular the introduction of new Services, will not modify the content of agreements concluded with Users on the basis of the version of the Terms of Service in force at the time the agreement was concluded.
  11. These Terms of Service are available on the Website and at the Service Provider's registered office indicated herein.
  12. In matters not regulated by these Terms of Service, the relevant provisions of generally applicable law apply.
  13. These amendments to the Terms of Service have been introduced as a result of the shortened Website registration process.