Terms and Conditions

TERMS AND CONDITIONS OF THE MY TREE MAP INTERNET SERVICE

1. General Provisions.

  • 1.1. The Terms & Conditions specify the general terms and conditions of using the My Tree Map website by the User and the manner of providing services by electronic means, including access to the My Tree Map Services on the website run by MGGP Aero Sp. z o.o. (Ltd.) with its registered office in Tarnów (address: ul. Karola Kaczkowskiego 6, 33-100 Tarnów) registered in the Register of Entrepreneurs of the National Court Register, whose registration documentation is maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Department of the National Court Register, under KRS number: 0000026913, NIP: 8731256310, REGON: 850414002, BDO: 000081836, hereinafter referred to as "MGGP Aero".
  • 1.2. These Terms & Conditions are for electronic provision of services within the meaning of Article 8 of the Act of 18 July 2002 - on rendering electronic services.
  • 1.3. These Terms & Conditions are available free of charge, on the website www.mytreemap.com, in such a way that it is possible to obtain, reproduce and record the content of the Terms & Conditions by means of teleinformatic system, which is used by the User.
  • 1.4. The information and data presented on the Service are for illustrative purposes only and cannot be treated as an official document or as the basis for any administrative or official actions.

2. Definitions.

The terms used in the Terms & Conditions shall mean:
  • 2.1. Third Party Data - data and databases from third parties used on the Service. Third Party Data includes::
    • Orthophoto - derived from the open resource of GUGIK,
    • PRG Administrative Boundaries - taken from the GUGIK open resource database,
    • Background Map - from the OpenStreetMap open source resource,
    • Cadastral parcels, land boundaries and forestry units of State Forests - WMS service from database provided by State Forests.
  • 2.2. Business days - days from Monday to Friday with the exception of public holidays as defined by the applicable provisions of Polish law.
  • 2.3. Password - a set of alphanumeric characters and special characters necessary to authorise the User while logging into the Account.
  • 2.4. Civil Code - Act of 23 April 1964. - Civil Code.
  • 2.5. Account - an individual account on the Service, ascribed to a given User, created as a result of the registration process, enabling, among others, placing Orders.
  • 2.6. Login - user's email address used during the registration process
  • 2.7. Privacy Policy - a document detailing the principles of personal data processing and security rules specified in the Terms & Conditions and specifying the scope and manner of collecting and using information collected by MGGP Aero through the use of "cookies" files, available at address Privacy Policy.
  • 2.8. Terms & Conditions - this document, governing the provision of services by electronic means.
  • 2.9. Complaint - a statement of the User's knowledge, containing reservations concerning services provided electronically.
  • 2.10. Service - the Internet service My Tree Map, available at the web address mytreemap.com.
  • 2.11. Services of the Service - services rendered by MGGP Aero to the User by electronic means within the meaning of the Act of 18 July 2002 on rendering electronic services specified in the Terms & Conditions, consisting in using the Service.
  • 2.12. Paid Services - Services of the Service concerning the Regional Tree Map provided by MGGP Aero to the User against payment by electronic means within the meaning of the Act of 18 July 2002 on electronic provision of services, specified in the Terms & Conditions.
  • 2.13. Local Tree Map Services - paid services, the provision of which by MGGP Aero to the User requires a separate agreement. Local Tree Map Services are not Services of the Service.
  • 2.14. Act on provision of services by electronic means - Act of 18 July 2002 on provision of services by electronic means.
  • 2.15. User - a natural person, a legal person or an organizational unit without legal personality, to which a separate act grants legal capacity - performing business activity on its own behalf, as well as a natural person not performing business activity, using the Service.
  • 2.16. Non-professional User - a natural person concluding an agreement for the provision of services by electronic means, including Paid Services, not directly related to his/her economic or professional activity (consumer) and a natural person concluding an agreement for the provision of services by electronic means, including Paid Services, directly related to his/her economic activity, when the content of this agreement indicates that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Business Register and Information on Business Activity.
  • 2.17. Order - User's declaration of will aiming directly at concluding a Contract for provision of Paid Services, specifying in particular the type and scope of Paid Services. The Order constitutes an offer submitted by the User to conclude a Contract for the provision of Paid Services.

3. General terms and conditions of use of the Service.

  • 3.1. The MGGP Aero informs that using the Services of the Service may involve risks for each user of the Internet network consisting in the possibility of introduction of harmful software to the User's ICT system and acquisition and modification of the User's data by unauthorised persons. To avoid the risk of such threats, the above-mentioned User should use appropriate technical means to minimize their occurrence, in particular anti-virus and firewall software.
  • 3.2. The language used on the Service, including the language of the Agreement for the provision of Local Tree Map Services and Paid Services and used in communications between the Parties shall be Polish.
  • 3.3. To use the Service it is required to have a terminal device with access to the Internet, a web browser supporting cookies: e.g. Google Chrome (version 67.0.3396.99 or later), Mozilla Firefox (version 73.0.1 or later), Microsoft Edge (version 84.0.522.63 or later). Web browser must have JavaScript enabled, in order to set up an Account and submit Orders also to have an active e-mail account (e-mail).
  • 3.4. In order to use digital content, it is necessary [•]
  • 3.5. Use of the Service means any action of the User which leads to his/her becoming familiar with the contents of the Service.
  • 3.6. It is forbidden to use the Service in a manner inconsistent with generally applicable law and good practice as well as in a manner inconsistent with the Terms & Conditions. It is forbidden for the User to provide unlawful content.
  • 3.7. MGGP Aero reserves the right to suspend, delete or limit the functionality of the Account (scope of the Service provided on the Service), in particular:
    • 3.7.1.in cases provided for in generally applicable legal Terms & Conditions;
    • 3.7.2.if the User uses the Service in a manner contrary to these Terms & Conditions;
    • 3.7.3.in case the User undertakes activities that, in the opinion of MGGP Aero, may threaten or violate the legally protected interests of MGGP Aero.
  • 3.8. In the case when the reason for suspension or restriction of the Account functionality is the reasons indicated in item 3.6 that may threaten or violate the legally protected interests of MGGP Aero, restoration of the full functionality of the Account may take place at the request of the User only after the User ceases such activities and removes the effects of such activities to the extent and in the way indicated by MGGP Aero.
  • 3.9. The MGGP Aero shall inform the User about the intention to suspend, remove or restrict the functionality of the MGGP Aero Account by sending a message to the e-mail address indicated in the User Account together with a request to cease violations within 7 days of its receipt and an explanation of the nature of the violation.

4. Types and scope of the Service Services.

  • 4.1.MGGP Aero provides the following free, publicly accessible Services of the Service relating to the Regional Tree Map (RTM) - Tree Crown Map (TCM) subgroup through the Service:
    • browsing the content posted on the Service,
    • querying a single tree and a group of trees (no more than 1000 trees) on the basis of a selected area (no more than 1km2),
    • display parameter statistics for the selected tree(s),
    • establishing and maintaining an Account and access to the Account,
    • contact form, which enables the User to contact MGGP Aero as well as to initiate discussions in order to order the Local Tree Map Service.
  • 4.2.The Service enables the use of Paid Services concerning the Regional Tree Map (RTM) - a subgroup of the Tree Crown Map (TCM), described in more detail in chapter 7 of the Terms and Conditions.
  • 4.3.The Service allows you to use a contact form to, among other things, submit an inquiry about the Local Tree Map Services.
  • 4.4.The User, being a natural person with limited or no legal capacity, may use the Service Services such as:
    • establishing and maintaining an Account and access to the Account,
    • use of Paid Services (including placing Orders for Paid Services),
    • use of the contact form.
  • 4.5.The use of the Service, including the Account and placing Orders for Paid Services is possible 7 days a week, 24 hours a day, subject to prohibitions or limitations resulting from generally applicable laws and possible failures of the Service or the system for placing Orders or maintenance of the Service or the system for placing Orders.
  • 4.6.The conclusion of the Agreement for provision of services by electronic means by MGGP Aero and the User is reached:
    • With respect to the Service of viewing content posted on the Service, when you enter the Service; this agreement is terminated when you close the Service or your browser;
    • With respect to the Service of setting up and maintaining an Account and accessing the Account upon registration of the Account; this agreement shall terminate upon deletion of the Account;
    • With regard to Paid Services - at the moment of confirmation of acceptance of the Order for execution.

5. Establishing an Account and access to the Account.

  • 5.1.The creation of an Account is voluntary and free of charge.
  • 5.2.In order to create an Account, the User is obliged to correctly fill in the registration form found on the Service, providing an email address and password and other data indicated in the registration form. In order to create an Account it is necessary to accept the "Privacy Policy".
  • 5.3.By creating an Account, the User declares that the data provided in the registration form is true and up-to-date, and that its provision or subsequent use within the Service in the normal course of activities does not violate the rights of third parties.
  • 5.4.If the Account is created on behalf of a legal person, organizational unit without legal personality, which is granted legal capacity by the Terms & Conditions, local government unit, scientific unit, etc., the person making the registration must have proper authorization.
  • 5.5.MGGP Aero will verify the correctness of registration data. If the verification is successful, the activation link will be sent to the e-mail address provided by the user to confirm the correctness of the provided e-mail address.
  • 5.6.MGGP Aero reserves the right to verify the accuracy of data entered by the User in the registration form and to refuse to register the User, especially if the data is found incorrect. In case of finding such irregularities after activation of the Account, MGGP Aero also reserves the right to prevent the User from access to the Account.
  • 5.7.Logging into the Account takes place through the provision by the User of a unique login and password, indicated by the User when setting up the Account.
  • 5.8.Only the User whose data was provided in the registration form during the creation of the Account shall be entitled to use a given Account. The user is not permitted to use accounts registered by other users or to make his own account available to other persons.
  • 5.9.The account has the following functionality:
    • placing Orders,
    • making payments for Orders,
  • 5.10.The User may request Account removal at any time. The request to delete an account is possible from the application level after logging in. After choosing the option "delete account", an e-mail with a link definitively deleting the account will be delivered to the user's e-mail address. Account deletion is free of charge
  • 5.11.MGGP Aero is entitled to delete the Account in case of inactivity, according to the internal data retention policies in force at MGGP Aero and according to the content of the information clauses provided to the User. In this case, MGGP Aero will inform the User about the intention to delete the Account with 21 days' notice via email.
  • 5.12.Removal of the account shall be tantamount to termination of the agreement for the provision of the Service Services - maintenance and access to the Account.

6. Chargeable services

  • 6.1.Fee-based services include:
    • Placing Orders - queries for a group of trees (more than 1000 trees or an area larger than 1km2) based on the selected area
    • Statistics for trees within the area indicated in the Order,
    • Access to vector data in the form of a geojson file containing the scope of the order and the trees within it,
    • Possibility of displaying the ordered data in the service.
  • 6.2.Information about Chargeable Services provided on the www.mytreemap.com website, in particular their descriptions, technical parameters, requirements and prices, constitute an invitation to conclude a Contract for the provision of Chargeable Services, within the meaning of Article 71 of the Civil Code
  • 6.3.MGGP Aero reserves the right to change the prices of Paid Services at any time, whereby a change in the prices of Paid Services shall have no effect in relation to Paid Services for which MGGP Aero has accepted Orders for performance before the effective date of the change in the price of Paid Services. The change of prices of Paid Services shall not constitute an amendment to the Terms & Conditions.
  • 6.4.MGGP Aero is entitled to organise occasional promotions of Paid Services, the terms of which will be published on the Service each time.

7. Ordering Paid Services on the Service

  • 7.1.Actions aimed at concluding the Agreement and providing Paid Services, in particular placing an Order, may only be performed by the User or persons duly authorised to act on behalf of the User. It is assumed that the person placing an Order is the person authorised by the User to perform these actions
  • 7.2.Information on the total value of the Order on the Service, including the total gross price, is given at the latest when the area in which the User is interested is selected and the "Search" button is clicked.
  • 7.3.You must have an Account to place an Order. To place an Order, the User must specify the area of interest and search for trees in its range. The User is then shown the price information. The User must confirm the Order by clicking the "Buy now" button.
  • 7.4.When the User successfully places an Order, he/she will be redirected to the payment page. The User shall be sent confirmation of payment and information on the completion of the order with a link to download data to the e-mail address indicated in the Account
  • 7.5.Placing an Order by the User obliges the User to pay a fee.
  • 7.6.Confirmation of acceptance of the Order for execution constitutes acceptance by MGGP Aero of the offer made by the User under the Order, which constitutes conclusion between MGGP Aero and the User of the Agreement for provision of Paid Services on terms resulting from the content of the Order.
  • 7.7.7.7. The order will be fulfilled by MGGP Aero by delivering the content in digital form.
  • 7.8.MGGP Aero is entitled to refuse the acceptance of the Order for execution in particular in case:
    • non-payment by the User of due amounts due under the agreements previously concluded with MGGP Aero.
  • 7.9.MGGP Aero may withdraw from the Agreement for provision of Paid Services in full or in part (contractual right of withdrawal). If the Order is performed in parts, the withdrawal shall have effect only to the part of the Order that has not been performed unless the content of the MGGP Aero statement of withdrawal from the Agreement indicates otherwise.
  • 7.10.MGGP Aero, at its choice, sends the statement of withdrawal from the Contract by e-mail to the e-mail address indicated by the User when placing the Order.
  • 7.11.The right to withdraw from the Contract may be exercised by MGGP Aero within 14 days from placing the order.
  • 7.12.The Chargeable Service will be performed on the date indicated in the description of each Chargeable Service.

8. Local Tree Map Services.

  • 8.1.Products in the Local Tree Maps (LTM) service
    • Subgroup - TCM Tree Crown Map
    • Subgroup - TSM Tree Species Map
    • Subgroup - THM Tree Health Map
    • Subgroup – TTM Tree Trunk Map
  • 8.2.Products within the Local Tree Maps (LTM) service are prepared on the basis of a dedicated collection of aerial data with technical parameters agreed each time and individually with the User, including pricing information prepared individually for the User.
  • 8.3.The data presented on the Service as Local Tree Map Services are only a presentation and serve to familiarize the User with the features of the Local Tree Map Service, in particular they do not constitute an offer within the meaning of the Civil Code.
  • 8.4.Provision of Local Tree Map Services by MGGP Aero requires conclusion of a separate paid agreement. The Service enables the User to contact MGGP Aero in order to make an enquiry about the Local Tree Map Service.

9. Submitting a request for Local Tree Map Services.

  • 9.1.The User initiates contact through the contact form on the Service or directly by e-mail/telephone. In the contact form the User selects the area he is interested in, the Local Tree Map Service he is interested in and gives his contact details and then sends the completed contact form to MGGP Aero.
  • 9.2.After receiving the question by means of the contact form MGGP Aero will verify the received question regarding its correctness and possibility of its realisation and will prepare preliminary information including the price for realisation of the service. The information mentioned above will be sent to the User on the given e-mail address.
  • 9.3.The parties will negotiate to enter into a separate, paid agreement required to provide the Local Tree Map Services.

10. Prices and Payment Methods.

  • 10.1.Prices of Paid Services are given in Polish zloty and are gross prices.
  • 10.2.Payment for Paid Services shall be made in advance by means of payment methods available when placing Orders.
  • 10.3.The following payment methods are available (supported by Przelewy24 service)
    • Blik payment,
    • payment by fast internet transfer,
    • payment by card.
      The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
  • 10.4.User shall not deduct or set off any amounts claimed or owed by MGGP Aero under any other obligation it owes to MGGP Aero or from the remuneration owed to MGGP Aero by User, unless otherwise agreed by the Parties under separate arrangements.

11. Responsibility MGGP Aero.

  • 11.1 To the extent permitted by law, the liability of MGGP Aero for non-performance or improper performance of obligations under the agreement for provision of the Service as well as other obligations under the Terms & Conditions - the liability of MGGP Aero is excluded.

12. Complaints regarding the provision of the Service Services.

  • 12.1.The User may submit Complaints concerning non-performance or improper performance by MGGP Aero of the Services of the Service.
  • 12.2.Complaints about the Service should be submitted to:
    • In writing to the address of MGGP Aero specified in point 1.1 of the Terms & Conditions
    • By email to reklamacje@mapadrzew.com.
  • 12.3.
    The User is obliged to make a complaint not later than within 14 days from the day on which he became aware of the problem giving rise to the complaint. The date of reporting the complaint shall be the date of its receipt by MGGP Aero. All the complaints about the defects that occurred and were not reported within this period may not be recognized by MGGP Aero.
  • 12.4.In submitting a Complaint, the User is obliged to indicate:
    • your name,
    • mailing address,
    • type, date and description of the problem to which the Complaint relates.
  • 12.5.The complaint is dealt with by MGGP Aero immediately, however not later than within 14 working days from the date of its submission.
  • 12.6.Immediately after considering the Complaint, MGGP Aero presents to the User its position on the reported Complaint together with the justification, sending the User the appropriate statement to the e-mail address indicated in the User's account

13. Intellectual property.

  • 13.1.The Service and its individual components are protected by copyright. All rights to use the Service, including the system for placing Orders, that have not been expressly granted to the User under these Terms of Use or applicable laws (including the provisions of the Act of 4 February 1994. - on copyright and related rights and the Act of 27 January 2001. - on databases) shall remain reserved for MGGP Aero or entities granting MGGP Aero licences to use particular works and other objects of exclusive rights included in the Service.
  • 13.2.The User may use the Service by displaying it, using the functionalities made available and downloading data made available for downloading in the Service.
  • 13.3.The user is not allowed to publish the content coming from MGGP Aero including statistics and image data of tree crowns outside the Service. Downloading, processing and sharing map and vector data originating from MGGP Aero without the consent of MGGP Aero (in case the data have not been purchased) e.g. sharing saved screenshots is forbidden.
  • 13.4.You may use the data and databases that are Third Party Data on the Service to the extent that the rules for sharing Third Party Data permit:
  • 13.5.You agree not to use MGGP Aero's trademarks or symbols without MGGP Aero's prior consent.
  • 13.6.All drawings, specifications, technical sheets, advertising materials or other materials provided by MGGP Aero to the User are the exclusive property of MGGP Aero. The User shall not make any changes in these materials without prior written consent of MGGP Aero.

14. Protection of personal data.

  • 14.1.The rules of processing the User's personal data in connection with the performance of the Service Services by MGGP Aero are specified in the "Privacy Policy" document.

15. Special provisions for the non-professional User

  • 15.1.The provisions of Chapter 15 of the Terms & Conditions shall apply to the non-professional User.
  • 15.2.For the avoidance of doubt, the Parties agree that the following sections do not apply to non-professional User: 3.6.3, 7.7 - 7.9, 10.4 and 11.1
  • [Withdrawal]
  • 15.3.A non-professional user is entitled to withdraw from a contract for the provision of Services by electronic means within 14 days without any given reasons.
  • 15.4.The period referred to in Section 15.3 shall start on the day of the conclusion of the agreement.
  • 15.5.In order to meet the deadline specified in Section 15.3, it is sufficient to send the declaration before its expiry.
  • 15.6.If the non-professional User makes a statement of withdrawal from the Agreement before MGGP Aero confirms the Order for execution, the Order will be cancelled (the offer made by the non-professional User will no longer be binding to MGGP Aero).
  • 15.7.A non-professional user may submit to MGGP Aero a statement of withdrawal from the agreement on the form constituting Appendix No. 2 to the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended). A non-professional user may also withdraw from the contract by submitting a withdrawal statement to MGGP Aero via the e-mail address reklamacje@mapadrzew.com. If the declaration of withdrawal is made electronically, MGGP Aero shall immediately send to the non-professional User on a durable medium the confirmation of receipt of the declaration of withdrawal made electronically.
  • 15.8.MGGP Aero is obliged to return immediately, to the non-professional User, all payments made by him/her, not later than within 14 days from the date of receipt of the notice of withdrawal referred to in paragraph 15.7.
  • 15.9.MGGP Aero will refund the payment using the same method of payment used by the non-professional User, unless the User has expressly agreed to a different method of refund that does not incur any costs for the User.
  • 15.10.In the event that the non-professional User exercises his/her right of withdrawal after having requested the performance of the service before the withdrawal period has expired, the non-professional User is obliged to pay for the services performed until the withdrawal from the contract. The payment amount shall be calculated in proportion to the scope of performance, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the fulfilled service.
  • 15.11.There is no cost to the non-professional user:
    • performance of the Services, in whole or in part, for the period until withdrawal, if he did not request the performance before the expiry of the withdrawal period;
    • the supply of digital content which is not recorded on a tangible medium if the user has not consented to the performance of the service before the period for withdrawal has expired.
  • 15.12.The right of withdrawal does not apply to non-professional users with regard to contracts:
    • for the provision of Services, if MGGP Aero has performed the service in full with the express consent of the non-professional User who has been informed before the provision that after the performance by MGGP Aero will lose the right to withdraw from the contract;
    • for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the non-professional User before the expiry of the withdrawal period and after having been informed by the trader about the loss of the right of withdrawal.
  • [Dispute Resolution]
  • 15.13.A consumer may obtain free-of-charge assistance concerning his/her rights and settlement of disputes between him/her and MGGP Aero, inter alia, by contacting a local consumer ombudsman or a social organisation whose statutory tasks include consumer protection as well as at the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl) in the "Settlement of consumer disputes" tab.
  • 15.14.The EU consumer online dispute resolution platform (ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is a multilingual interactive website for consumers and traders seeking the out-of-court resolution of disputes arising from a distance contract of sale or provision of services

16. Final provisions

  • 16.1.The current Terms and Conditions are always made available on the Service.
  • 16.2.MGGP Aero reserves the right to amend the Terms of Service for important reasons in accordance with the procedure specified in this and the following paragraphs. An important reason is considered to be in particular: changes in the scope of the Service provided on the Service, changes in the activity carried out by MGGP Aero, changes in generally applicable legislation. The amended Terms & Conditions will be available on the Service.
  • 16.3.The MGGP Aero will inform about changes to the Terms & Conditions by an announcement visible on the Service and by sending the Users, to the e-mail address indicated in the User Account, a notification of the change to the Terms & Conditions (together with the attached changed Terms & Conditions in PDF format)
  • 16.4.The amended Terms & Conditions are binding for the User who does not terminate the agreement for provision of the Service Services (including deletion of the Account) before the effective date of the amended Terms & Conditions
  • 16.5.The effective date of the amended Terms will be at least 14 days from the date of the notice to Users of the amendment to the Terms made in accordance with Section 16.3.
  • 16.6.The change of the Terms & Conditions does not affect the execution of Orders placed before the effective date of the change of the Terms & Conditions. Such Orders are executed on the basis of the Terms & Conditions in force on the date of conclusion of the agreement for the provision of Paid Services.
  • 16.7.The Service uses information stored by the server on the User's end device, which are then read each time the Internet browser is connected (so-called cookies). The principles of using cookies have been specified in the document "Cookie Policy" constituting part of the Privacy Policy.
  • 16.8.The governing law for these Terms and Conditions as well as for placing and performing Orders is the law of Poland.
  • 16.9.Disputes arising between MGGP Aero and a User other than a non-professional User shall be settled by a court in applicable jurisdiction of the registered office of MGGP Aero.
  • 16.10.Last updated Terms of Service: 23.06.2021.