III. Type andscope of electronically supplied services
IV. Terms andconditions of entering into contracts for the provision of electronically suppliedservices and providing such services
V. Terms andconditions of terminating contracts for the provision of electronicallysupplied services
VII. Withdrawalfrom a contract
VIII. Provisionsrelated to entrepreneurs to whom consumer rights apply
1. Thewebsite operating at hitme.ie is run by IMT, 30 CLUAININ, JOHN B. KEANEROAD, LISTOWEL CO. KERRY, LISTOWEL, KERRY, V31XY98, Bracken Road, SandyfordIndustrial Estate, Dublin 18, D 18 CV48, Ireland, e-mail address: email@example.com.
2. Thewebsite operates under the rules set forth in these Regulations and on thebasis of information presented on hitme.ie under FAQ.
3. The Regulationsset forth the types and scope of services provided by electronic means byhitme.ie, rules of service provisions, terms and conditions of entering into contractsfor the provision of electronically supplied services, as well as the complainthandling procedure.
4. Any Userupon initiating acts in order to use the Electronically Supplied Services ofhitme.ie shall comply with the provisions of these Regulations.
5. Tomatters not regulated herein the provisions of UE Directive 2019/2161 amendingDirective 93/13/EEC and Directive 98/6/ EC, 2005/29/EC and 2011/83/EU withreference to better enforcement and modernisation of EU provisions related toconsumer protection shall apply.
1. REGISTRATIONFORM – aform available on the Website which enables the creation of an Account. TheRegistration Form enables the creation of an Account suitable to an individualUser.
2. ACCOUNT – a set of resources in thecomputerised system of the Service Provider marked with a User’s individual e-mailaddress (login) and User given password where User’s data are collected.
3. CONSUMER – a natural person whichenters into a legal transaction with an entrepreneur, which transaction is notdirectly connected with its business or professional activity or anentrepreneur conducting sole business activity under the protection providedfor in the Consumer Rights Act.
4. REGULATIONS – these Website regulations.
5. WEBSITE – an internet website of theService Provider operating at: hitme.ie.
6. SUBSCRIPTION – a User’s declaration ofwill constituting a desire to enter into a contract for the provision of paidservices by the Service Provider within the User’s Account.
7. SERVICEPROVIDER -IMT, 30 CLUAININ, JOHN B. KEANE ROAD, LISTOWEL CO. KERRY, LISTOWEL, KERRY,V31XY98, Bracken Road, Sandyford Industrial Estate, Dublin 18, D 18 CV48,Ireland.
8. USER – a natural person, legalperson or organisational unit without legal personality which is granted legalpersonality by the act which uses the Electronically Supplied Service.
9. ELECTRONICALLYSUPPLIED SERVICE– a service provided by electronic means by the Service Provider for thebenefit of the User by means of the Website.
10. SETTLEMENTPERIOD – atime period for which the Subscription was ordered within the Website User’sAccount. A day starting a new Settlement Period shall be the day following thelast day of the previous Settlement Period. The Service Provider offers amonthly or yearly Settlement Period.
III. TYPEAND SCOPE OF ELECTRONICALLY SUPPLIED SERVICES
1. TheService Provider shall enable the maintenance of an Account by means of theWebsite.
2. TheServices for the benefit of Website Users are provided in accordance with theseRegulations.
3. TheService Provider shall have the right to post advertising content on theWebsite. The advertising content constitutes an integral part of the Websiteand the materials thereon.
IV. TERMSAND CONDITIONS OF ENTERING INTO CONTRACTS FOR THE PROVISION OF ELECTRONICALLYSUPPLIED SERVICES AND PROVIDING SUCH SERVICES
1. Theprovision of an Electronically Supplied Service specified under III(1) hereinby the Service Provider shall be subject to payment save for IV(2)hereinbelow.
2. TheService Provider offers the User a one-time free service test in the form of maintaining an Account for the period of 14 days. The User mayresign from the test during the test period and purchase the Subscription.
3. Paymentsshall be made by means of electronic payment systems (PayPal.com or Stripe). Anelectronic payment system allows for a payment by fast transfer from selectedbanks or by credit card.
4. Nopayment for the benefit of the Service Provider for the service provisionwithin the indicated time limit in the form of maintaining an Account or a cancellation of the Subscriptionshall result in blocking User’s access to the Account and its services.
5. TheSubscription may be cancelled by means of the User’s Account.
6. Uponpurchasing the Subscription the Service Provider shall grant the User a paid non-exclusivelicence to use the software enabling the use of the Account solely for thepurposes connected with the User’s activity and in compliance with the softwareintended use.
7. Thelicence shall be granted for an indicated subscription period for which theUser paid and shall be prolonged upon the payment for the next SettlementPeriod.
8. The Usermay not perform on its own or with the use of any third person reverseengineering, disassembly or decompilation of the software provided by theWebsite.
9. The Usershall oblige not to use any software which could disrupt the operation of thesoftware provided by means of the Website.
10. A contractfor the provision of Electronically Supplied Services consisting in maintaining an Account shall be for a definite time period whichcorresponds to the Settlement Period indicated by the User.
11. Technicalrequirements necessary to cooperate with the computerised system used by theService Provider:
11.1. a computeror mobile device with Internet access,
11.2. electronicmail access,
11.3. an Internetbrowser,
12. The Usershall use the Website in accordance with the law and good practice taking intoconsideration respect for personal interests and third persons’ intellectualproperty rights.
13. The Usershall enter data in accordance with the facts.
14. The Usermay not provide unlawful content.
15. TheService Provider shall reserve the right to refuse to publish, edit or deletethe content, including but not limited to announcements and photographs, whosenature is in breach of these Regulations or general applicable law provisionsif it contains the following elements including but not limited to elements:
15.1. widely recognisedas offensive,
15.2. of a racistnature,
15.3. displayingthe elements of a crime or acts of unfair competition,
15.4. in breachof author’s rights or intellectual property rights,
15.5. misleadingthe User,
15.6. advertisingother websites in particular websites competitive with hitme.ie,
15.7. beingSPAM or promotional material, and
15.8. containingannouncements for contests organised without the Website’s consent.
16. Acommission on each contract of sale in the amount of 1,9% of a transactionvalue shall be collected from the User holding an Account and using a modulefor selling goods (shop). The commission shall be collected automatically exclusivelyupon the User entering into a contract of sale and the User’s customer making apayment by means of PayPal or Stripe. The said commission shall not apply to apayment into the User’s bank account or upon cash on delivery.
17. The Userholding an Account and using a module for selling goods (shop) shall be theadministrator of the processed data and shall post the sales rules andinformation on the personal data processing.
V. TERMSAND CONDITIONS OF TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONICALLYSUPPLIED SERVICES
1. Terminationof a contract for the provision of an Electronically Supplied Service:
a) the User may terminate acontract with immediate effect and without reason by means of its Account onthe Website. The deletion of the Account shall result in the User’sSubscription being cancelled.
b) the Service Provider mayterminate a contract for the provision of an Electronically Supplied Service ifthe User is in breach of these Regulations including but not limited to whenthe User provides unlawful content after being served with a prior call for theabandonment of the breach with the time limit indicated and which time haselapsed ineffectively. In such event the contract shall expire after 7 days ofmaking a declaration of will on the termination thereof (notice period).
c) The termination shall resultin the end of a legal relation with effect ex nunc.
2. TheService Provider and User may terminate a contract for the provision of anElectronically Supplied Service at all times by mutual agreement.
VI. COMPLAINTHANDLING PROCEDURE
1. Complaintsrelated to the provision of Electronically Supplied Services by the ServiceProvider:
a) Complaints related to the ElectronicallySupplied Service provision by means of the Website may be made by the User viae-mail at: firstname.lastname@example.org.
b) Such e-mail shall include asmuch information and circumstances related to the object of the complaint aspossible including but not limited to a type and date of the occurrence ofirregularities and contact data. The given information will greatly facilitateand expedite the complaint handling procedure on the part of the ServiceProvider.
c) The Service Provider shall considerthe complaint immediately but no later than within 14 days.
d) The Service Provider’s replyto a complaint shall be sent to the User at the e-mail address indicated in theclaim form or in any other way indicated by the User.
VII. WITHDRAWALFROM A CONTRACT
1. Subjectto VII(3) hereinbelow the User which is also the Consumer or entity referred tounder VIII herein which entered into a distant contract may withdraw therefromwithout reason by making an appropriate declaration in writing within 14 days. Sendinga declaration on the withdrawal shall suffice to observe the time limit.
2. The fourteen-daytime limit, in which the Consumer or entity referred to under VIII herein maywithdraw from a contract, shall be calculated from the day on which theConsumer or entity referred to under VIII herein entered into a contract forservice provision.
3. TheConsumer or entity referred to under VIII herein may not withdraw from adistant contract in the case of a contract:
3.1. inwhich the object of performance is a service if an entrepreneur performed aservice in full upon express consent of the Consumer who had been informedprior to the performance that after the performance of the service by theentrepreneur, the Consumer shall lose the right to withdraw from the contract,
3.2. forthe provision of digital content which is not recorded in a tangible storagemedium if the performance of a service started upon express consent of theConsumer before the lapse of the time limit for the withdrawal from a contract andafter the Consumer being notified by the entrepreneur of the loss of the rightto withdraw from the contract.
4. If theConsumer or entity referred to under VIII herein exercises his right towithdraw from a contract after requesting the service provision, he shall payfor the services provided by the time of the withdrawal.
5. Theamount to be paid shall be calculated proportionately to the scope of the performanceprovided including the price or remuneration specified in the contract. Thebasis for the calculation thereof shall be the market value of the performance provided.
VIII. PROVISIONSRELATED TO ENTREPRENEURS TO WHOM CONSUMER RIGHTS APPLY
1. Anentrepreneur conducting sole business activity (VIII(1) shall not apply tocommercial partnerships and companies) shall be protected by laws provided forunder the Consumer Rights Act provided that a contract made with the ServiceProvider is not of a professional nature.
2. A personconducting business activity referred to under VIII(1) hereinabove shall beunder protection exclusively with respect to:
2.1. unlawfulcontractual provisions – so-called abusive clauses, and
2.2. the rightto withdraw from a distant contract under VII herein.
3. The entrepreneurreferred to under VIII(1) hereinabove shall lose the rights under the consumerprotection provisions if a contract made with the Service Provider is of aprofessional nature.
1. The wholecontent on the website at: hitme.ie shall enjoy author’s rights and (save forthe content posted by Users and elements used under a licence, author’s rightstransfer or fair dealing) shall be owned by IMT, 30 CLUAININ, JOHN B. KEANEROAD, LISTOWEL CO. KERRY, LISTOWEL, KERRY, V31XY98, Bracken Road, SandyfordIndustrial Estate, Dublin 18, D 18 CV48, Ireland. The User shall bear fullliability for any damage inflicted on the Service Provider as a result of usingany content of hitme.ie without the Service Provider’s consent.
2. Any usewithout Service Provider’s express written consent by any person of anyelement being part of the content of hitme.ie shall constitute infringement uponthe author’s rights enjoyed by the Service Provider and shall result in civillaw and legal liability.
3. The Usersending the Website a photograph and other digital content shall bear exclusiveliability for infringement upon author’s economic rights and derivative rightsand third parties’ personal interests with respect thereto, and in the event thatany person pursues any claims or demands towards the Website or ServiceProvider with respect thereto, it shall release the Website or Service Providerfrom any liability and satisfy third party claims fully.
1. TheService Provider shall take any measures available thereto in order to protect Users’data.
2. TheService Provider may not transfer Users’ data to any third parties.
3. Usersbear full liability for breaking the law or causing damage as a result of theiraction on the Website such as in particular providing untrue data, disclosing confidentialinformation or other secrets protected by law, infringing personal interests orauthor’s rights and derivative rights as well as processing Users’ personaldata in a way non-compliant with the Website’s purposes or in breach of thePersonal Data Protection Act.
4. TheService Provider shall where possible inform Users in advance on the potentialdisruptions in the Website operation including but not limited to interruptionsin access.
5. TheService Provider shall bear no liability towards Users with the proviso thatthis provision shall not apply to Consumers and entities referred to under VIIIherein:
5.1. for anydamage and loss arising directly or indirectly (including damage as a result ofloss of profits from business activity, interruptions in business operation orloss of business information and other damage of a proprietary nature) from use,inability to use or faulty operation of the Website’s software, damageresulting from the switching off or failure of a computerised system, orblackout,
5.2. with respectto an inappropriate use of the Website by the User and inappropriate operationof the computer hardware, software or communication system by means of whichthe User connects to the Website system,
5.3. for anydamage resulting from errors, failures and interruptions in the Website’soperation or incorrect entry or read-out of data downloaded by Users,
5.4. for disruptionsin the Website’s operation as well as loss of Users’ data as a result of forcemajeure or action by third parties,
5.5. for thirdparties action consisting in using data and materials on the Website in a waynon-compliant with general applicable law or the Regulations,
5.6. for inabilityto log into the Website caused by including but not limited to: connection quality,computerised system or power network failure or incorrect Users’ softwareconfiguration, and
5.7. foreffects of password loss.
1. Contractsentered into by means of the Website shall be in accordance with the Polishlaw.
2. Amendmentsto the Regulations made by the Service Provider shall bind the User providedthat it is duly notified of such and does not terminate a contract for theprovision of electronically supplied services within 14 days of being notifiedof the amendments by the Website.
3. Anydisputes arising between the Service Provider and User shall be settled in thefirst place by negotiation with a view to settling a dispute amicably. In theevent this is not possible or unsatisfactory for either party disputes shall besettled by a competent general court under XI(4) herein.
4. Settlingdisputes by court:
4.1. Anydisputes arising between the Service Provider and User which is also theConsumer shall be heard by competent courts having jurisdiction over theConsumer’s place of residence.
4.2. Anydisputes arising between the Service Provider and User which is not theConsumer shall be heard by competent courts having jurisdiction over theService Provider’s registered seat.
5. TheConsumer in order to settle a dispute amicably may in particular file acomplaint by means of Online Dispute Resolution platform available at: http://ec.europa.eu/consumers/odr/.