Terms of Use

These Terms of Use are hereby established pursuant to Article 8(1)(1) of the Electronic Services Act of 18 July 2002 (Journal of Laws [Dziennik Ustaw], No 144, item 1204, as amended) and Article 8 et seq. of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended). These Terms of Use are made available to the User free of charge via the website martialmatch.com so that the User can read the Terms of Use prior to the commencement of the services. The Terms of Use are available to the User as a PDF file for downloading, saving, and printing purposes.

The Website is run by Kamil Wylegała conducting business under the name of "Usługi IT Kamil Wylegała", residing in Krzyszkowo, Zacisze 9 Street, 62-090 Rokietnica, NIP: 7632072747, REGON: 520172649 (hereinafter also referred to as "Service Provider").

I. Definitions

1. Pricing - a statement of fees payable to the Service Provider by a User who is an Organizer, who intends to organize the registration of Players for a specific sporting event through the Service. Pricing is available at: https://martialmatch.com/pricing.
2. Authorization data - the User's data (e-mail address) provided by the User during registration on the Site allowing logging into the User Account.
3. User Account (or Account) - the Website space available to the User after registration in which he can use the Services provided by the Service Provider.
4. Consumer - a user who is a natural person and who has signed an agreement with the Service Provider for purposes not directly related to his economic or professional activity.
5. Organizer - an entity that organizes sports competitions for which it is possible for the User to sign up through the Service. The Organizer may also be a User when using the Service to organize registration of competitors for competitions.
6. Terms and Conditions - these rules and regulations for the use of martialmatch.com.
7. Service - the website available at https://martialmatch.com or the application through which the User can use the Services.
8. Equipment – the electronic devices through which the User can access the Services.
9. Service – the services made available via the Website, including in particular Website registration, searching, and signing up for sports competitions, as well as ranking lists for competitors.
10. User - a natural person using the Service, a legal person or an organizational unit without legal personality as indicated in Article 33(1) of the Civil Code. A User may be a person of full legal age, having full legal capacity, as well as a minor, provided the appropriate parental consent is obtained.
11. Competitor – the User or the person identified by the User who has registered via the Website and takes part in sports competitions.

II. General provisions

1. These Terms of Use are the terms of use referred to in Article 8 of the Electronic Services Act of 18 July 2002 (Journal of Laws 144/2002, item 1204, as amended). The Terms of Use have been defined based on the following legal acts:
   1. 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”);
   2. the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827) regarding distance contracts;
   3. the Civil Code of 23 April 1964 (Journal of Laws 16/1964, item 93, as amended).
2. The Terms of Use define rules for registration of Accounts, the terms of use for the Website and the Services offered by the Service Provider, the rights and obligations of the User, rules for submitting and processing complaints, as well as the right to withdraw from the contract.
3. The Service Provider shall make the Website available to the User for accessing the Services. The User may use Services only after setting up an Account on the Website.
4. The use of the Service takes place via the Internet between the User and the Service Provider. Services provided to Users who are Competitors are provided by the Service Provider free of charge. Provision of Services to the User who is an Organizer is chargeable according to the fees resulting from the pricing.
5. Each User is required to read the Terms of Use before accessing the Website.
6. The Service Provider acknowledges that each User, in his own interest, must provide all information in a proper and factually accurate manner, and for group registrations – with the consent of third parties. Therefore, the User is responsible for any irregularities resulting from the User’s failure to complete the forms in an appropriate, complete, and factually accurate manner.

III. Technical requirements

1. Technical requirements for the Services:

   1. Internet connection;
   2. properly configured browser as specified below:
      • Microsoft Internet Explorer/Edge – version 10 or later,
      • Opera – version 50 or later,
      • Firefox – version 57.0 or later,
      • Chrome – version 66.0. or later.
      • The Service Provider is not responsible for any problems which may arise from using browsers that do not meet these requirements; minimum requirements for User Equipment: Intel Pentium 4 or higher; 512 MB RAM; about 350 MB free hard disk space, graphics card that supports a screen resolution of at least 1280×720 pixels, Internet access; Cookies and JavaScript enabled.

2. If the User uses the Equipment or software that does not meet the technical requirements set out above, the Service Provider does not guarantee the proper functioning of the Website and stipulates that such non-compliance may affect the quality of Services provided.

3. The technical requirement to be met by the User in order to use the Services provided by the Service Provided, including in particular those involving registration and signing up for sports competitions, is having a current, active and properly configured e-mail account.
4. The User must not provide illegal content. In such case, the Service Provider will not be liable for any breach resulting from the User's actions.

IV. Website registration

1. To set up an Account, the User must complete the registration procedure. Without the Account, the User will not be able to use some of the Services provided by the Service Provider via the Website.
2. The User may register an Account on the Website through the “Registration” tab on the login page for the Website. The Website registration is free of charge.
3. During the registration process, the User must provide the following information:
   • name,
   • surname,
   • the name of the entity in the case of the Organizer
   • e-mail address,
   • phone number,
   • name of the club,
   • name of the branch/city
   • login password
4. After entering all the necessary data, the User – before submitting an Account creation request – must accept the Terms of Use by checking the relevant checkbox. To activate the Account, the User must click the activation link sent by the Service Provider to his e-mail address. Activation of the Account is necessary to complete the registration process and create the Account.
5. The authorisation data shall be the e-mail address and password provided by the User.

V. User Account

1. An individual User Account is created during registration. The User has the right to use his Account on an exclusive and unrestricted basis, subject to the provisions of these Terms of Use, generally applicable laws, and social norms. Once a user Account is created, the User is given access to those Services of the Service Provider for which Account registration is required.
2. In order to access the Account, the User must provide Authorisation Data at login time. The User must protect the above data from unauthorised access.
3. The User may only hold one Account on the Website.
4. The user Account may be blocked or deleted, if the Service Provider identifies any irregularities resulting from the User's failure to comply with these Terms of Use, after giving the User prior notice of such irregularities and after requesting the User to refrain from causing further breaches. In urgent cases in which there is a risk of damage to the Service Provider, the Account may be blocked without prior notice.

VI. Services

1. The Service Provider shall, free of charge, provide the following Services:
   • Website registration
   • registration for sports competitions
   • the option to be included on the ranking list for competitors.
2. The Organizer may charge Competitors for participation in sports events, which is beyond the control of the Service Provider. Through the Service Provider, it is only possible to provide the Organizer with the fee for participation in the sports event and confirmation of payment of the fee indicated above.
3. The Account Registration Service is described in detail in Chapter IV of the Terms of Use.
4. The Service Provider shall provide to the User who is the Organizer a paid service related to enabling the registration of Competitors for a sports event organized by the Organizer.

VII. Registration for competitions and ranking lists

1. Following registration via the Website, the User may enrol Competitors (including himself) in sports competitions which are currently available on the Website. Registration for competitions is time-limited as described on the Website. No registration will be allowed after the specified deadline.
2. Depending on the competition rules adopted by the Organiser, the competition registration procedure may be carried out either:
   • on an individual basis;
   • on a group basis.
3. For individual competition entries, the User must identify himself as a Competitor. For group entries, a User who is a club supervisor may designate more than one Competitor.
4. In the case of group entries, the User must obtain the consent of other Competitors for their data to be posted on the Website, including for ranking purposes. The User shall be fully responsible for ensuring that the information on other Competitors is accurate. The Service Provider may require the User to provide evidence of the consents given by Competitors.
5. In order to register, the User must include the following information on an application form for sports competitions:
   • Name,
   • Surname,
   • Year of birth,
   • Gender,
   • Nationality,
   • Category.
6. Through the Service, the User can send the Organiser a confirmation of payment of the fee for participation in the sports competition and pay the fee using the electronic payment methods provided. The Service Provider is not the beneficiary of these payments and does not charge the Competitors any fees for using the Service. The fees, if any, are charged to the Organiser for participation in the Competitions. In the case of some competitions, payment to the organiser is required in order to register for the competition.
7. After completion of the registration procedure for sports competitions, the following information (based on the data submitted by the Competitors) will be made available on the Website:
   • competition schedule;
   • lists of competitors;
   • brackets;
   • results.
8. The Service Provider will rank Competitors based on competition results.

VIII. Service cancellation and contract withdrawal

1. To cancel the Account on the Website, the User must notify the Service Provider by sending a notice of cancellation to the following address: kamil.wylegala at gmail.com.
2. In accordance with the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended), the User who is a Consumer may withdraw from the contract without giving reasons for withdrawal within 14 days after execution of that contract. However, the right of withdrawal from contracts for the provision of services does not apply, if the Service Provider has fully performed the service with the express consent of the Consumer, who – prior to the commencement of the service – has been informed that he will lose the right of withdrawal once the service is fully performed.

IX. Liability

1. The Service Provider is not liable for:
   1. any failure of the telecommunications network, the ICT system, or devices for reasons attributable to the User or a third party which acts independently of the Service Provider,
   2. force majeure events,
   3. non-delivery of the Services for reasons attributable to the User or third parties for which the Service Provider is not responsible,
2. The Service Provider is not liable for the information transmitted by other Users, if the Service Provider:
   1. does not initiate the transmission;
   2. does not select the receiver of the transmission;
   3. does not select or modify the information contained in the transmission
3. The exclusion of liability referred to in paragraph 2 includes the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.
4. The Service Provider is not liable for the stored data, if – when making the ICT resources available for the purpose of storing user data – the Service Provider does not have actual knowledge of the illegal nature of such data or related activities. The Service Provider will immediately prevent access to such data upon receiving an official notification or obtaining reliable information about the illegal nature of the data or related activities.

X. Protection of personal data

1. The Service Provider acts as a Data Controller as defined in the GDPR.
2. The contact details of the Data Controller can be found on the first page of the Terms of Use.
3. The Data Controller processes the personal data of Users and Competitors provided by the User during registration and completion of the application form for sports competitions, i.e. name and surname, e-mail address, year of birth, gender, nationality, contact telephone number, category or club affiliation. What's more, the Data Controller may also process data from the transfer confirmation, i.e. the home address and the bank account number.
4. The Data Controller shall process the personal data for the following purposes:
   • creating an account on the website (Article 6(1)(b) GDPR – performance of a contract); forwarding the competition application form to the competition organiser (Article 6(1)(b) GDPR – performance of a contract);
   • making the following information available on the Website: starting lists for competitors, competition schedule, competition brackets and results (Article 6(1)(b) GDPR – performance of a contract);
   • ranking competitors (Article 6(1)(b) GDPR – performance of a contract);
   • forwarding competition fees or the proof of payment for competition fees to the competition organiser (Article 6(1)(b) GDPR – performance of a contract);
   • enable the organization of registration for a sports event (Article 6(1)(b) GDPR - performance of a contract)
   • issuing invoices and accepting payments (legal basis - Article 6(1)(b) and (c) of the GDPR - performance of a contract and fulfillment of a legal obligation)
   • handling complaints and claims (Article 6(1)(b) and (c) GDPR – performance of a contract and compliance with a legal obligation);
   • subject to obtaining your consent, an entity working with the Organiser or the Service Provider will contact you by phone on the telephone number provided in the application form for purposes of direct marketing on sports competitions and products (legal basis – Article 6(1)(a) GDPR in conjunction with Article 172 of the Telecommunications Law Act – Your consent);
   • subject to obtaining your consent, an entity working with the Organiser or the Service Provider will send commercial information on sports competitions and products (legal basis – Article 6(1)(a) GDPR in conjunction with Article 10(2) of the Electronic Services Act – Your consent);
   • providing data to authorised state bodies (Article 6(1)(c) GDPR – compliance with a legal obligation);
   • debt collection (legal basis - Article 6(1)(f) GDPR - legitimate interest);
   • defense against claims (legal basis - Article 6(1)(f) GDPR - legitimate interest);
5. The recipient of personal data shall be the Organiser, while the category of recipients of such personal data as name, surname, category and club affiliation shall also include persons who have access to starting lists, ladders or competition results, since these data will be made public.
6. The data storage period shall be the same as the period for which the Account is registered on the Website.
7. The Data Controller shall adopt the technical and organisational measures necessary to ensure adequate protection of personal data prior to disclosure.
8. Where permitted by law, the User has the right to request access to and rectification or erasure of his personal data or restriction of processing or to object to processing as well as the right to data portability. Furthermore, the User has the right to withdraw consent and the right to file a complaint with the supervisory authority.
9. Submission of personal data is voluntary, but necessary for the performance of the Services.

XI. Complaints

1. The Service Provider agrees to properly provide the Services in accordance with generally applicable laws and social norms.
2. If the Service provided by the Service Provider does not operate or operates improperly, the User may lodge a complaint.
3. The User’s complaint must include the following information:
   • name and surname,
   • e-mail address or correspondence address (for written complaints),
   • description of the problem,
   • statement of claim.
4. In the absence of any of the elements indicated above, the Service Provider will request the User to provide the missing information within 7 days, unless the User has not provided the contact details in a written complaint. If the User does not such information or address within the prescribed period, the complaint will not be considered, unless the complaint indicates that it can be processed without such missing information.
5. The User may submit complaints to the following e-mail address: kamil.wylegala at gmail.com.
6. The Service Provider shall immediately – but not later than within 14 days after receipt of the complaint – respond to the complaint and inform the User on further proceedings.

XII. Payments (concerning paid services)

1. The provision of Services to the User who is the Organizer is subject to payment according to the fees indicated in the pricing.
2. The fee indicated in the pricing is calculated from the User who registers for a sporting event and pays the fee for the participation of Competitors in that event.
3. If the fees paid by the Users are charged to the bank account of the Service Provider, the Service Provider shall transfer to the Organizer the sum of the payments made by the Users after deducting the remuneration due to the Service Provider, and shall issue an appropriate invoice and deliver it to the Organizer.
4. If the fees paid by the Users will be charged directly to the Organizer's account, the Service Provider shall issue an invoice covering the sum of the charges, in accordance with the fees under the Price List.
5. In the case indicated in paragraph 4 above, the Organizer shall pay the fees covered by the invoice to the bank account indicated on the invoice within 14 days from the date of the invoice.

XII. Final provisions

1. The Service Provider has the right to amend these Terms of Use. Amendments to these Terms of Use take effect on the date stated by the Service Provider, which shall not be less than 7 days after publication of the amendments on the Website. Amendments to the Terms of Use do not affect the rights already acquired by Users.
2. The Service Provider will not provide Users with any technical assistance which involves configuring the devices used by the User to access the Website.
3. These Terms of Use are valid from: May 28, 2023.