TERMS AND CONDITIONS - VIP CARD MEMBER

Terms and conditions of the VIP CARD ENERGY 2000 in Katowice, Poland

§ 1 Glossary

Terms used in these regulations shall mean:

VIP CARD Program Participant (Participant) and VIP CARD Holder (Holder) - a person who has full legal capacity and meets the requirements provided for in these Terms and Conditions, who by expressing their will to join the VIP CARD Program and use the VIP CARD fully accepts the provisions of these Terms and Conditions and has successfully registered with the VIP CARD Program by completing the Registration Form.
ENERGY 2000 - The organiser of the VIP CARD Programme and issuer of the VIP CARD, acting
under the company name ENERGY 2000 Spółka z ograniczoną odpowiedzialnością ENERGYLANDIA SP.K. with registered office in Przytkowice 532A, 34-141 Przytkowice, entered in the Register of Entrepreneurs by the District Court for Kraków-Śródmieście
Krakow, XII Economic Division of the National Court Register under KRS no.: 0000605098, NIP: 551-17-35-768, REGON: 070883960 and Michał Goczał conducting business activity under the name of MG - Michal Goczal, _Leńcze 327, 34-142 Leńcze, NIP: 551-248-46-76, REGON: 123020289.
VIP CARD programme - a programme organised by ENERGY 2000, carried out on the premises of the ENERGY 2000 Music Club, which consists in the fact that the VIP CARD Holder, on the terms and conditions provided for herein, may, inter alia
- be entitled to free entry to the ENERGY 2000 music club,
- participate in and benefit from special promotions organised by ENERGY 2000,
- to enter the ENERGY 2000 music club as a priority,
- receive special information and invitations to events organised by ENERGY 2000, including special personal invitations to events organised at the ENERGY 2000 Music Club.
VIP CARD Holder Account (Account) - the Holder's personalised account associated with
with the VIP CARD, created for the Holder in accordance with these Terms and Conditions and available
on the site https://energy2000.pl/. The Holder's account discloses information about events organised by ENERGY 2000 and promotions to which the Holder is entitled.
Individual number - an individual number assigned to each VIP CARD Holder confirming his/her registration in the VIP CARD Programme and entitling him/her to use the Programme and its benefits.
VIP CARD - a plastic card, assigned to the Holder, marked with an individual number allowing the Holder to be identified. The card entitles the Holder to use the rights resulting from the VIP CARD Programme on identical terms and conditions also on the premises of the ENERGY 2000 music club located
in Przytkowice 532A (34-141).
Music club ENERGY 2000 - a music club located in Katowice (40-035) at 3 Plebiscytowa St. The ENERGY 2000 Music Club is also understood to be the music club located in Przytkowice 532A (34-141).
Registration Form - the form, on paper or in electronic form, which the VIP CARD Holder and participant of the VIP CARD Program must fill in beforehand, accepts the terms and conditions of the VIP CARD Program (these Terms and Conditions), provides personal data required for registration as well as optional data, and agrees to the processing of the provided personal data. On the Registration Form the person completing it is obliged to agree to receive commercial information, including information on promotions and events organised by ENERGY 2000, by means of electronic communication (e-mail/SMS) and may agree to the processing of personal data for marketing purposes.

§ 2 Joining the VIP CARD Programme

ENERGY 2000 indicates that the inclusion of a person in the VIP CARD Programme and the subsequent issue of a VIP CARD to that person shall take place discretionary by ENERGY 2000.
In order to join the VIP CARD Programme, you must read these Terms and Conditions and complete the Registration Form in accordance with the provisions below. The Registration Form is available in the ENERGY 2000 music club located
in Katowice. Joining the VIP CARD Programme and using the rights arising from it, in particular the VIP CARD, is free.
The VIP CARD programme is valid for indefinitely.
Upon joining the VIP CARD Programme, a VIP CARD will be given to the joiner.
Upon correct completion of the Registration Form, the Participant's details from the Form will be entered into the VIP CARD Programme system, resulting in the creation of an Account for the VIP CARD Holder, to which an Individual Number is assigned, which is individual to each Holder.
In the Registration Form the person joining the VIP CARD Programme voluntarily provides his/her personal data (name and surname, date of birth, address of residence, e-mail address, mobile phone number) necessary for proper implementation of the VIP CARD Programme, giving his/her consent to ENERGY 2000 to process the data for the purposes of the VIP CARD Programme and to receive ENERGY 2000 commercial information. Refusal to provide personal data results at the same time in refusal of ENERGY 2000 to allow the person to join the VIP CARD Programme. A person entering the VIP CARD Programme is obliged to provide truthful data.
By means of the Registration Form, the applicant confirms that he/she is aware of the Terms and Conditions of the VIP CARD Program and accepts its provisions..
A person participating in the VIP CARD Programme should notify ENERGY 2000 of any change to their personal information provided in the Registration Form.
A person who joins the VIP CARD Programme in accordance with these Terms and Conditions has at his/her disposal
within the VI CARD Programme with the VIP CARD Holder's account available on the website https://energy2000.pl/.
Only a person who joins the VIP CARD Programme may use the entitlements arising from it, including in particular the VIP CARD.
The Participant may change the Participant data at any time, with the exception of the first name
and surname by making the relevant changes after logging in to the Participant's Account. Data changes can also be made at the ENERGY 2000 music club located
in Katowice.
At any time, the Participant may withdraw from the VIP CARD Programme.
In such case, the VIP CARD Holder's Account is closed, the VIP CARD is blocked and the entitlements associated with them expire. After cancellation, the VIP CARD Programme may be rejoined in accordance with the rules set out in these Terms and Conditions.
Participation in the VIP CARD programme and the provision of the associated data is entirely voluntary..

§ 3 VIP CARD

The VIP CARD is issued to the Holder on the terms and conditions set out in these Terms and Conditions. It is identified by the Individual number placed on the Card. Each VIP CARD is registered in the ENERGY 2000 computer system as a Card assigned to a particular Holder.
The VIP CARD is not a credit card, ATM card, payment card, it is only for the use of the VIP CARD Programme. The card is not transferable and remains the property of ENERGY 2000.
By presenting the Card, the holder may benefit from the rights deriving from participation in the
in the VIP CARD Programme.
If an ENERGY 2000 employee has reasonable doubt as to the lack of authority of the person presenting the Card, he or she may verify the data of the person presenting the Card against the data of the
from the VIP CARD Program Participant assigned to the presented VIP CARD. In the event of a match between the data provided and the data in the Account, the presenter may exercise the aforementioned rights, unless the VIP CARD has previously been blocked.
The card shall be blocked by ENERGY 2000 upon receipt of information from the Participant about its loss, theft, damage addressed to ENERGY 2000 in a statement in writing or by e-mail to [●]. This information should be immediately communicated to ENERGY 2000. A Participant may also make a notification
at the ENERGY 2000 music club (e.g. orally).
If a VIP CARD is blocked, a new Card is issued to the Holder and assigned to the Holder's Account.
The VIP CARD may only be used in accordance with the following rules
in these Rules.
The graphic design of the VIP CARD is attached as Annex 1 to these Regulations..

§ 4 Entitlement of the VIP CARD Program Participant and the VIP CARD Holder

A Participant in the VIP CARD Program and at the same time a VIP CARD Holder is entitled to
in particular to:
1. free entry to the ENERGY 2000 music club,
2. out-of-order entry to the ENERGY 2000 music club,
3. participate in and benefit from special promotions organised by ENERGY 2000,
4. receive special information and invitations to events organised by ENERGY 2000.
Information on promotions, organised, etc. May be communicated to the Participant
in the form of an e-mail/SMS message.
Participation in the VIP CARD Programme, in addition to the rights provided for in paragraph 1 above, does not limit in any way the Participant's rights under the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

The Participant may not transfer his/her VIP CARD entitlement..
The Participant may exercise the rights arising from participation in the VIP CARD Programme and the VIP CARD for the duration of their participation, unless otherwise stated in the Rules.

§ 5 Complaints

The participant has the right to make a complaint.
Complaints about the Programme or the Card can be made in any form.
at the ENERGY 2000 Music Club , as well as electronically at the e-mail address: katowice@energy2000.pl
The complaint should contain the name of the Participant, the Card number as well as a detailed description and indication of the reason for the complaint.
ENERGY 2000 will respond to the complaint within fourteen days from the date on which the complaint is made. Information on the resolution of the complaint will be communicated to the complainant in the manner in which it was reported.
Each complaint shall be dealt with in accordance with the provisions of these Rules and Regulations and the provisions of generally applicable law.

§ 6 Type, scope and conditions of electronic services provided

ENERGY 2000 provides the following services free of charge via its website https://energy2000.pl/, i.e. the establishment and use of VIP CARD Holder Account.
The participant may use the services available through the service https://energy2000.pl/,
subject to the technical conditions of the information and communication system referred to below being met.
In order to be able to use the services correctly, the Participant must have an ICT system that meets the following minimum technical requirements:
1. with access to the Internet;
2. with Mozilla Firefox version 4.0 or later, Internet Explorer version 8 or later, Chrome version 5 or later, Safari version 5 or later or any other compatible browser;
3. with JavaScript enabled in your browser;
4. having a current, active and correctly configured e-mail account.
It is a condition of using the services that you allow the installation of cookies. Detailed information about the cookies used on the website, including in the provision of services, is available in the Privacy Policy and the use of cookies, available on the website https://energy2000.pl/.
Participants are prohibited from providing unlawful content.
ENERGY 2000 shall provide access to up-to-date information on the specific risks associated with the use of the electronically provided service; the function and purpose of the software or data that are not part of the content of the service, entered into the information and communication system used by ENERGY 2000, upon request by the Participant, communicated electronically to the electronic address of ENERGY 2000, i.e. the e-mail address katowice@energy2000.pl.
The Participant's commencement of use of the services covered by these Terms and Conditions is tantamount to
with the conclusion of a contract for the provision of services by electronic means available through the Site without the need to draw up a separate contract. In the event of termination of the services made available using the Service (withdrawal from the VIP CARD Programme), the contract for electronic services terminates automatically without the need to make any additional declaration. The aforementioned services are provided at the Participant's individual request, which the Participant can start and stop at any time.
All complaints concerning services provided electronically by ENERGY 2000 should be submitted to the address of ENERGY 2000's registered office or to the e-mail address of katowice@energy2000.plwithin fourteen days after the reasons for the complaint became known. The provisions of § 5 "Complaints" apply mutatis mutandis to the complaint and its processing.

§ 7 Personal data

The controller of Participants' personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 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 Regulation
on data protection) (Official Journal of the EU L 119, p. 1) - hereinafter "RODO" - is ENERGY 2000.
The Participants' personal data provided by them in the Registration Form or subsequently modified by them will be processed with appropriate security measures, meeting the requirements of the RODO, Polish data protection regulations and on the basis of the Act of 18 July 2002 on the provision of electronic services, for the purpose of implementing the Loyalty Programme.
When processing the personal data of Participants, the controller shall, bearing in mind the principles of Article 5 of the RODO, apply the principles of lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy, storage limitation and integrity.
and confidentiality.
The Data Controller processes the Participant's personal data only to the extent necessary:

for the purpose of sending commercial information by electronic means, on the basis of the Participant's freely given consent (basis of Article 6(1)(a) of the RODO);
for the performance of the contract, insofar as this is necessary for the Programme in which the Participant is participating (basis of Article 6(1)(b) of the DPA);
in order to comply with legal obligations resulting from generally applicable legislation incumbent on the controller, in particular for accounting purposes
and taxation (basis of Article 6(1)(c) RODO);
for archival purposes for information preservation, including the fulfilment of accountability obligations under the RODO, which is a legitimate interest of the controller (basis under Article 6(1)(f) RODO);
for the purpose of establishing, investigating or defending against claims in pursuit of our legitimate interest in doing so (basis under Article 6(1)(f) of the DPA);
in order to offer products and services directly to Participants, which is a legitimate interest of the controller (basis of Article 6(1)(f) RODO)

ENERGY 2000 appropriately distinguishes and marks the personal data required to provide the service. The provision of personal data is voluntary; however, the refusal to provide the data so marked makes it impossible to join and participate in the Programme.
The Participant has the right to object at any time to the processing of his/her personal data described above. If an objection is lodged, the controller will cease to process the personal data for these purposes unless the controller can demonstrate that there are valid legitimate grounds in relation to the Participant's personal data which override the Participant's interests, rights and freedoms or the Participant's data is necessary for the possible establishment, investigation or defence of claims by the controller.
A participant who has consented to the provision of commercial information by electronic means has the right to withdraw his or her previously expressed consent to the processing of data at any time. If the previously expressed consent is withdrawn, the controller will cease processing the data for this purpose. The withdrawal of consent shall not affect the compatibility of the processing of the Registered Participant's data which was carried out on the basis of consent given before its withdrawal. Withdrawal of consent to the processing of personal data is tantamount to withdrawal from participation in the VIP CARD Programme.
Participants' personal data resulting from the concluded contract will be processed for a period of time,
in which claims related to this contract may become apparent, i.e. for the period of the statute of limitations for claims or, respectively, for the period justified by the need to keep accounting records in accordance with the law. The administrator at the same time informs that the period of limitation of claims is described in Article 118 of the Civil Code, unless
specific provision applies in the case in question. On the other hand, in section 74(2)(4) of the Act
on accounting has been described the period prescribed by law for the Administrator's obligation to keep accounting evidence.
Participants' personal data may be disclosed to the administrator's partners, namely companies,
with whom the controller cooperates by combining products or services. Participants' personal data may also be accessed by subcontractors of the controller (processors), i.e. entities providing consultancy, advisory, auditing, legal, tax, accounting assistance, operating ICT systems and providing IT services, to the extent that this is necessary for the purposes of the processing described above.
The Administrator does not make decisions regarding Participants' personal data by automated means.
In accordance with the RODO, each Participant is entitled to:

access to their data and receive a copy of their data;
to rectify (amend) their data;
to erasure, to restriction of data processing;
to object to the processing of your data;
to data portability;
to lodge a complaint with the supervisory authority, the President of the Office for Personal Data Protection.

§ 9 Final provisions

ENERGY 2000 reserves the right to terminate the Programme at any time without giving reasons, upon one month's notice. Notice of the termination of the Programme will be given by means of the communications provided for in these Rules and by posting a notice on the website of https://energy2000.pl/as well as at the ENERGY 2000 music club.
The participant may communicate with ENERGY 2000 via the e-mail address katowice@energy2000.pl
ENERGY 2000 provides, upon request of Participants, all information concerning the operation of the VIP CARD Programme.
Charges for calls to ENERGY 2000 from landlines - charge as for a local call; from mobile phones - charge according to the price list of the respective mobile network operator.
ENERGY 2000 does not apply a code of good practice within the meaning of the Act on Counteracting Unfair Market Practices.
ENERGY 2000 provides services by electronic means in accordance with the regulations. These rules and regulations are the rules and regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services.
ENERGY 2000 reserves the right to amend the Terms and Conditions in the event that:

it becomes necessary to adapt the Rules of Procedure to the applicable legislation or to an issued ruling or decision;
protection of the interests of the Participants so requires;
this is justified by the need to guarantee the proper functioning of the
and security of the VIP CARD Programme;
This is supported by the introduction of new or the expansion of existing Programme functionalities;
the possibility of offering Participants more favourable conditions of participation
in the VIP CARD Programme;

If changes are made to the Terms and Conditions, ENERGY 2000 will inform Participants
of the modification by e-mail or SMS and will make the new text of the Terms and Conditions available on the website. https://energy2000.pl/. Changes shall be effective for the Participant
within 30 days of being notified to the Participant and provided that the Participant does not exercise his or her right to opt out of the Scheme within this period. Until the expiry of this period, the Participant shall exercise all entitlements as before

If individual provisions of these Terms and Conditions are declared invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The invalid provision will be replaced by the rule that comes closest to the purpose of the invalid provision and these Terms and Conditions as a whole.
The Rules of Procedure are made available free of charge through the service https://energy2000.pl/which makes it possible to obtain, reproduce and record the content of the rules.
All information, data and materials made available to Participants by ENERGY 2000
in connection with participation in the VIP CARD Programme (including, inter alia, names, logos, price list,
as well as graphics, colouring and layout of the website) and all other intangible property rights related to the content of the VIP CARD Programme, including but not limited to works, trademark rights, database rights belong to ENERGY 2000 or entities with which ENERGY 2000 has entered into relevant agreements and are protected by copyright, trademark rights, database rights or other intellectual property rights.
In the case of disputes involving the Consumer, it is possible to use out-of-court complaint and redress procedures. The consumer may turn to
to request the intervention of an ombudsman or to use mediation (provided that ENERGY 2000 agrees to it - mediation). Access to the above-mentioned procedures is described in the Code of Civil Procedure, the Competition and Consumer Protection Act (see www.uokik.gov.pl).
ENERGY 2000 informs that on the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr) (https://webgate.ec.europa. eu/odr/main/?event=main.home.show.).
ENERGY 2000, having regard to the provisions of the Act of 23 September 2016 on out-of-court settlement of consumer disputes (Journal of Laws 2016, item 1823), informs that it does not use the
of amicable methods of dispute resolution.
The regulations enter into force on 11.08.2018.