TERMS AND CONDITIONS

OF PROVIDING E-SERVICES IN THE WWW.VIRTUALGARDEN.PL INTERNET PORTAL

ART. 1

[GENERAL RULES]

The condition of ordering a Service from the Internet service run under the www.virtualgarden.pl domain is unconditional acceptance of all stipulations of these Terms and Conditions. It is available free-of-charge via the www.virtualgarden.pl web page and in the office of the Owner as a printed document.

ART. 2

[DEFINITIONS]

a. Personal Data - the information pertaining to a natural person, processed by the Service Owner for proper providing Services, collected, among others, while providing the Services offered in the Service.

b. Account - a place made available by the Owner for the User on servers where the User enters his or her registration data and manages it.

c. Person - a natural or legal person, as well as an organization not being a legal entity that is granted legal capacity by the regulations in effect.

d. Terms and Conditions – this document.

e. Service – the Internet portal under the www.virtualgarden.pl domain run by the service Owner.

f. Contract - contract for providing e-services between the User and the Owner of the service, signed at the time effective ordering the Service Owner to provide Services offered by the Service, usually conditioned by making a payment for the Service or Services selected that are offered by the Service.

g. User – a person having full legal capacity that by accepting the Terms and Conditions was granted access to the Services. The User may also be a natural minor or a person not having full legal capacity provided that they acquire consent from their lawful representative.

h. Service Owner - NW GREEN Sp. z o.o. with office in Pawłówek 37, 62-800 Kalisz, registered in the Poznań Nowe Miasto i Wilda Regional Court in Poznań, 9th Economic Department of the National Court Register under the KRS number 0000387326, NIP: 9680964516, REGON: 301724334.

ART. 3

[RULES OF PROVIDING SERVICES]

1. The technical requirements necessary for providing the Services via the Services are limited to a computer with access to the Internet.

2. Via the Service advisory services are provided that pertain to gardening, which use, among others, the Web 3.0 and Sematic Web solutions, installations on the Iaas and Saas clouds and elements of artificial intelligence.

3. As a part of the Service two chargeable e-services are provided:

a) SMART VIRTUAL GARDENING TRADE ADVISOR (SVAD) - the E-service is characterized by automated and individualized advising in real time based on the available data in the following scope: - Designing a 3D garden - Garden tending - Works to be done in the garden throughout a given period of time - Diagnosis of plant sicknesses and selection of the treatment method - Solving problems related to gardens - Indicating Providers of a required product or service

b) SMART VIRTUAL ANALYST IN THE GARDENING TRADE (SVAN) – the E-service is characterized by automated individualized advising in real time based on the data available in respect to market research pertaining to the gardening trade – analysis of gardening trade trends in real time based on the data resources available at a given time.

4. Each Service may be purchased (in line with the price list /”Price List”/ placed in the Service) as a part of a package selected:

a) SVAD - package: Standard, Premium or Prestige

b) SVAN – package Basic or Advanced

5. The contract is signed the moment the User makes the payment for the Service/Services selected via one of payment options defined on the Service web page.

6. The User willing to order a Service – proceeds in line with the information included in the Service. The moment he or she pays for the Service, the person is granted access to the advising package selected and Service providing starts.

ART. 4

[PERSONAL DATA PROTECTION]

1. The User gives his or her consent to process the Personal Data by the Service Owner in line with the stipulations of these Terms and Conditions.

2. The Administrator of the Personal Data is NW GREEN Sp. z o.o. with office in Pawłówek 37, 62-800 Kalisz, registered in the Poznań Nowe Miast i Wilda Regional Court in Poznań, 9th Economic Department of the National Court Register under the KRS number 0000387326, NIP: 9680964516, REGON: 301724334; the company runs User data processing in line with the regulations, including in particular the regulations of the bill dated August 29th, 1997 on protection of personal data (un. Text Law Gaz. 2002, no. 101, pos. 926 with changes) and the bill dated July 18th, 2002 on providing e-services (Law Gaz. no. 144, pos. 1204 with changes).

3. The Service Owner processes the Users Personal Data in the scope necessary to establish, shape, alter and terminate the Contract and proper realization of the Services.

4. The User has the right to access the Personal Data at any time, as well as the right to correct them and demand their removal.

5. The Service Owner has the right to provide the Personal Data only to the subjects authorized based on proper regulations.

6. Providing Personal Data by the User is voluntary.

ART. 5

[COPYRIGHTS]

The whole content of the Service, particularly: Service name, its concept, graphic design, logo, graphic elements, trademarks, software and data base are subject to legal protection and any use of them outside the Service requires a prior consent of the Service Owner in the pain of legal and damages liability.

ART. 6

[LEGAL RESERVATIONS]

1. The Service Owner informs temporary unavailability of the Service functions for the Users or the Service itself is possible; it may result from making changes, maintenance works or upgrades to the System. As far as possible, the technical breaks and their duration will be announced to the Users.

2. The User’s decision about realising a Service means that he or she provides the Service Owner with the following declarations of will and knowledge:

a) I hereby declare that I am entitled to indicate the garden address/location selected and the e-mail address as its owner and receiver. Any violation of law resulting from this fact lies solely on me and I take all responsibility from the Service Owner to this part in line with the Terms and Conditions,

b) I am aware that the Services realised by the Service are performed in a fully automated manner and they are exclusively approximate and visual in character and that the Service Owner is not liable for the accuracy, completeness, or matching the fact of the effects or realising the Services; I am aware that by undertaking actions or drawing conclusions based on the content included in the web page or as a result of realising the advising Services, I do it at my own risk,

c) I give consent to receive to the e-mail address indicated by me the trade information in line with the bill of providing services via e-mails dated July 18th, 2002 (Law Gaz. 144, pos. 1204 with changes), d) I give consent to receive to the e-mail address indicated by me system information (newsletter).

3. Despite the Service Owner making every effort, due to the fact that the Service as performed by an automated computer system, it is not possible to rule out the possibility that the report of realisation with not comply with facts.

4. The Service Owner is not liable for the costs resulting from data transfer suffered by the User using the Service.

ART. 7

[COMPLAINTS AND CONTRACT TERMINATING]

1. Each User has the right to file a complaint regarding the issues connected with the Service functioning or failing to provide or improperly providing the Service.

2. The complaints may be filed via e-mail or in writing to the Service Owner address.

3. The Service Owner will examine the complaint within 14 days of receiving it.

4. The complaint should include the User data, his or her login, data of the person filing the complaint in case when the User is not a natural person and the description of the complaint subject along with its justification. The complaining party should indicate or attach documents and other proofs in his or her possession that would justify the complaint.

5. The response to the complaint will be sent to the User, to the address indicated by him or her in the complaint.

6. The Service Owner reserves the right to prolong the term stated in point 3 in cases when examining the complaint requires special information or should meet obstructions resulting from causes beyond the control of the Service Owner.

7. The User can decide at any given time to terminate the contract with the Service Owner by filing a statement of Contract termination to the e-mail address indicated by the Service Owner, stated on the web page (section “Contact”) from the e-mail address provided when the User registered the Account, or in writing to the Service Owner office.

8. 'If the user has already started realization of the Service, he or she can terminate the Contract only upon its expiry. The condition is to make the payment for the Service performed to the Owner.

9. The Contract with the User can be terminated by the Service Owner by means of the latter providing the former with a suitable statement in electronic form, to the e-mail address to which the Service report was to be sent.

ART. 8

[OTHER STIPULATIONS]

1. The Service Owner reserves the right to alter the stipulations of the Price List and the Terms and Conditions at any time without the necessity of justifying this fact to the Users. In case of making alterations to the Terms and Conditions the Service Owner will inform the Users on this fact by publishing a unified text of the Terms and Conditions on the Service web page and making it available in his or her office.

2. An alteration of the Price List and Terms and Conditions becomes effective within 7 days of publishing it on the Service web page.

3. In case of alteration or cancelation of any stipulation of these Terms and Conditions as a result of lawful court adjudication all other stipulations remain valid.

4. All disputes connected with the Contract are subject to the regulations of Polish law and exclusive jurisdiction of Polish courts and the proper courts.

5. In case of alteration to the Terms and Conditions during the realisation of a Service the present Terms and Conditions are valid the moment the User makes the payment for a given Service realised via the Service.

6. In all cases not regulated by these Terms and Conditions the regulations of Civil Code apply, along with other bills, particularly the bill dated July 18th, 2002 on providing e-services.