Terms and conditions for the provision of service by electronic means
- Agreement - an agreement concluded remotely, within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended), between the Service User and the Service Provider, under the terms of the Terms and Conditions, consisting in the provision of the Service.
- Form - an application form available on the Website, the correct completion of which is required to conclude the Agreement.
- Newsletter - commercial information which is digital content of the Service Provider, as the result of the Service under the Agreement.
- Service - service provided on the basis of the Agreement for delivery a Newsletter, in the form of electronic messages including e-mail.
- Service Provider - NoA Ignite Polska sp. z o. o. with headquarters in Kraków, postal code 31-144 at Asnyka 9 street, entered into the Register of Entrepreneurs of the National Court Register kept in the District Court for the capital city of Kraków -Śródmieście in Kraków, XI Commercial Division of the National Court Register, under KRS number: 0000227000, REGON: 14006698000000 and NIP: 9512135096, e-mail address: email@example.com, phone number: +48 12 357 20 50
- Service User - person using the Service.
- Terms and Conditions - these terms and conditions for the provision of the Service by the Service Provider.
- Website – means the website at https://noaignite.co.uk
II. General Provisions:
- The Service Provider undertakes to provide the Service User with the Service immediately after conclusion of the Agreement, on a periodic basis, whenever the Newsletter will become available. The Service Provider does not guarantee the Service regularity.
- The Service Provider shall send the Newsletter to the Service User by e-mail given prior of conclusion of the Agreement, in the form of messages including information about current promotions.
- The Service Provider is not responsible for the content of other websites or electronic services, not owned or held by the Service Provider, to which links have been provided as part of the implementation of the Services.
- The technical requirements to use the Service, are: (1) a device with Internet access; (2) access to e-mail; (3) a web browser on a personal computer: Firefox 47+, Chrome 51+, Safari 9+, Internet Explorer 11+, Edge 12+ or on a mobile device: Safari (iOS 8+), Chrome 51+ (Android 4.1+).
- Failure to meet the requirements specified in section 5 does not prevent the use of the Service, however, it may be the cause of its malfunction.
- The use of the Service may involve risks inherent in the activity on the Internet. The Service User is aware of the risks of the Internet, in particular the possibility of passwords being taken over by third parties or viruses infecting the Service User’s devices as well as losses that may arise from such events. The Service User is obligated to keep passwords and login data to the Services secret. At the request of the Service User the Service Provider shall send to the User current information in the form of an e-mail message about specific risks related to using services provided electronically.
- The results of the provision of the Service are delivered in electronic form, including e-mail text and HTML code, jpg, png or other graphic files that are compatible with any device capable of displaying such content. The Services contain functionality (including cookies) to present content, provide feedback to the Service Provider as to whether the content has been read and whether links have been accessed. The Services do not contain technical protection measures.
- The results of Service provision as well as individual elements of their content shall be subject to protection provided for by law, in particular as works under the Act on Copyright and Related Rights dated 4th February 1994 (consolidated text Dz.U.2006.90.631); as databases under the Act on Database Protection dated 27th July 2001 (Dz.U.2001.128.1402); as company secrets under the Act on Unfair Competition Law dated 16th April 1993 (consolidated text Dz.U.2003.153.1503).
- The Service Provider, pursuant to the Agreement, grants the Service User a non-exclusive, free of charge and non-transferable licence to use the copyright to the works made available as a result of the provision of the Services by the Service User solely for the purpose of using the Services. The use of the results of the provision of Services is permitted for the Service User’s own and non-commercial purposes.
- The license referred to in section 10 above is indefinite and shall expire automatically upon termination of the Agreement.
- The Service User shall be obliged to use the Service in a manner consistent with the law and good practice, to respect personal rights, copyrights and intellectual property rights of the Service Provider and third parties. The Service User may not provide unlawful content through the Service.
- The Service Provider provides Service without defects.
- The Service Provider does not provide after-sales services or guaranties
- After submitting the Form, Service Provider will provide the Service User with a confirmation of the conclusion of the Agreement on performance of Service on a durable medium (including in the form of an e-mail message).
- Service Provider hereby declares that the Service are fit for the purpose for which the Service User required it and possess functionality, compatibility, accessibility, continuity and security normal for the services of this type available on the market, of which the Service Provider was made aware of. The Service User, upon the conclusion of the Agreement shall be supplied with all accessories, instructions, including on installation, by Service Provider. Moreover, Service Provider declares to provide the Service User with all the necessary updates to the Service necessary to keep the Service in conformity throughout the term of the Agreement.
III. Conclusion of Agreement:
- The Agreement between the Service Provider and Service User is concluded by completing by the Service User of the Form and marking the appropriate checkbox, as part of which the Service User expresses consent to sending commercial information electronically, in accordance with the Act of 18 July 2002 on providing services electronically, by sending the Newsletter by the Service Provider, in accordance with the Terms and Conditions;
- Failure to give consent by the Service User, referred to in section 1 makes it impossible to use the Service.
- Service User is obliged to correctly provide in the Form current and true data.
IV. Data Protection:
V. Liability and complaints:
- Using the Service does not affect the rights of the Service User arising from universally applicable laws, in particular does not infringe or limit such rights.
- Any complaints related to the provision of Service by the Service Provider shall be reported by electronically at firstname.lastname@example.org or in writing to the Service Provider’s address.
- It is recommended that the Service User provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the demand; and (3) contact details of the person submitting the complaint - this will make it easier and faster for the Service Provider to consider the complaint. The requirements given in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
- Complaints shall be considered within 30 days of their receipt on a durable medium (e.g.e-mail). The Service Provider shall inform the complainant of the manner of consideration of the complaint by the Service Provider through the means of communication used by the Service User to submit the complaint.
- The Service User may use the ODR platform which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or service contract.
- The possibilities granted to the Service User by law and the above provisions do not prevent the Service User from settling a dispute before a competent court in accordance with the general principles of law.
VI. Amendments to the Terms and Conditions:
- The current text of the Terms and Conditions is available on the Website.
- The Service Provider reserves the right to change the Terms and Conditions for important reasons: amendments to the Service or universally applicable laws. The Service Provider does not intend to establish any fee or remuneration for the use of the Service. If nonetheless the Service Provider establishes a fee or remuneration for the use of Service, the Service User shall be entitled to withdraw from Agreement. Any changes will be communicated to the Service User electronically to the e-mail address given in the Form. The amended text of the Terms and Conditions of use and information about the amendments is also available on the Website.
- Changes in the Terms and Conditions shall come into force after 5 days from the date of sending notifications about changes to the Service User. The exact date when the changes become effective shall be indicated to the Service User in each notification.
- Without prejudice to its other rights under the Terms and Conditions, in the event that Service User does not accept the amendments to the Terms and Conditions, the Service User shall have the right to terminate the Agreement in the manner referred to in paragraph VI (2).
VII. Term and termination of the agreement:
- The Service shall be provided free of charge for an indefinite period of time, electronically immediately after conclusion of the Agreement.
- The Service User has the right to terminate the use of the Service at any time, in which case the Agreement expires at the time of selection appropriate option in e-mail or at the time of sending an e-mail to email@example.com.
- Any use of the results of the Service and their content in a manner inconsistent with the Terms and Conditions, applicable law, without the written consent of the Service Provider or without the written consent of other authorized parties is prohibited. This means the prohibition of copying, duplication, marketing or distribution in any form. Unlawful or inconsistent with the Terms and Conditions use of the content of the Service or elements thereof, delivery of unlawful content via the Service shall be subject to penalties provided for in civil and criminal law, and may constitute grounds for termination of the Agreement by the Service Provider with immediate effect.
- The Service User has the right to withdraw from the Agreement, as concluded remotely in accordance with Article 27 of the Act of 30 May 201 on consumer rights, without giving any reason.
- The Service User may exercise right to withdraw within fourteen (14) days from the date of conclusion of the Agreement, by sending a statement of withdrawal in documentary form to e-mail address firstname.lastname@example.org. The statement of withdrawal may be in the form compliant with the statement included in Attachement No. 1
- From the moment of delivery of the statement of withdrawal to the Service Provider, the Agreement shall be deemed not to the have been concluded.
VIII. Final provisions:
- Service Provider makes every effort to ensure the proper operation of the Service, however, shall not be liable for interruptions in the event of technical problems independent of the Service Provider.
- The matters not governed by the Terms and Conditions shall be governed by the generally applicable provisions of the Polish law.
- Unless the provisions of the Terms and Conditions provide otherwise, all notices and declarations addressed to the Service Provider shall be submitted by e-mail to email@example.com or by post to NoA Ignite Polska Sp. z o.o., ul. Adama Asnyka 9 PL-31-144 Kraków, Poland
- The Service Provider provides the following means of remote communication: in the case of any questions or suggestions the Service Provider is available to the Service User by e-mail at firstname.lastname@example.org and by telephone at +48 12 357 20 50 from 9 a.m. to 5 p.m from Monday to Friday.
- The text of Terms and Conditions is available on the Website.
Download withdrawal from the agreement form file (docx)