I. General provisions
III. Type and scope of electronically supplied services
IV. Terms and conditions of entering into contracts for the provision of electronically supplied services and providing such services
V. Terms and conditions of terminating contracts for the provision of electronically supplied services
VI. Complaint procedure
VII. Withdrawal from a contract
VIII. Provisions related to entrepreneurs to whom consumer rights apply
IX. Intellectual property
XI. Final provisions
I. GENERAL PROVISIONS
1. The website operating at HitMe is run by IMT, Bracken Road, Sandford Industrial Estate, Dublin 18, D 18 CV48, Ireland, e-mail address: email@example.com .
2. The website operates under the rules set forth in these Regulations and on the basis of information presented on HitMe under FAQ.
3. The Regulations set forth the types and scope of services provided by electronic means by HitMe, rules of service provisions, terms and conditions of entering into contracts for the provision of electronically supplied services, as well as the complaint handling procedure.
4. Any User upon initiating acts in order to use the Electronically Supplied Services of HitMe shall comply with the provisions of these Regulations.
5. To matters 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 with reference to better enforcement and modernisation of EU provisions related to consumer protection shall apply.
1. REGISTRATION FORM – 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 the computerised system of the Service Provider marked with a User’s individual e-mail address (login) and User given password where User’s data are collected.
3. CONSUMER – a natural person which enters into a legal transaction with an entrepreneur, which transaction is not directly connected with its business or professional activity or an entrepreneur conducting sole business activity under the protection provided for in the Consumer Rights Act.
4. REGULATIONS – these Website regulations.
5. WEBSITE – an internet website of theService Provider operating at: HitMe.
6. SUBSCRIPTION – a User’s declaration of will constituting a desire to enter into a contract for the provision of paid services by the Service Provider within the User’s Account.
7. SERVICE PROVIDER -IMT, Bracken Road, Sandford Industrial Estate, Dublin 18, D 18 CV48,Ireland.
8. USER – a natural person, legal person or organisational unit without legal personality which is granted legal personality by the act which uses the Electronically Supplied Service.
9. ELECTRONICALLY SUPPLIED SERVICE – a service provided by electronic means by the Service Provider for the benefit of the User by means of the Website.
10. SETTLEMENT PERIOD – 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 the last day of the previous Settlement Period. The Service Provider offers a monthly or yearly Settlement Period.
III. TYPE AND 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 Website and the materials thereon.
IV. TERMS AND CONDITIONS OF ENTERING INTO CONTRACTS FOR THE PROVISION OF ELECTRONICALLY SUPPLIED SERVICES AND PROVIDING SUCH SERVICES
1. The provision of an Electronically Supplied Service specified under III(1) herein by the Service Provider shall be subject to payment save for IV(2) here in below.
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 may resign from the test during the test period and purchase the Subscription.
3. Payments shall be made by means of electronic payment systems (PayPal.com or Stripe). An electronic payment system allows for a payment by fast transfer from selected banks or by credit card.
4. No payment for the benefit of the Service Provider for the service provision within the indicated time limit in the form of maintaining an Account or a cancellation of the Subscription shall 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. Upon purchasing the Subscription the Service Provider shall grant the User a paid non-exclusive licence to use the software enabling the use of the Account solely for the purposes connected with the User’s activity and in compliance with the software intended use.
7. The licence 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 User may not perform on its own or with the use of any third person reverse engineering, disassembly or decompilation of the software provided by theWebsite.
9. The User shall oblige not to use any software which could disrupt the operation of the software provided by means of the Website.
10. A contract for the provision of Electronically Supplied Services consisting in maintaining an Account shall be for a definite time period which corresponds to the Settlement Period indicated by the User.
11. Technical requirements necessary to cooperate with the computerised system used by theService Provider:
11.1. a computer or mobile device with Internet access,
11.2. electronic mail access,
11.3. an Internet browser,
12. The User shall use the Website in accordance with the law and good practice taking into consideration respect for personal interests and third persons’ intellectual property rights.
13. The User shall enter data in accordance with the facts.
14. The User may not provide unlawful content.
15. TheService Provider shall reserve the right to refuse to publish, edit or delete the content, including but not limited to announcements and photographs, whose nature is in breach of these Regulations or general applicable law provisions if it contains the following elements including but not limited to elements:
15.1. widely recognised as offensive,
15.2. of a racist nature,
15.3. displaying the elements of a crime or acts of unfair competition,
15.4. in breach of author’s rights or intellectual property rights,
15.5. misleading the User,
15.6. advertising other websites in particular websites competitive with HitMe,
15.7. beingSPAM or promotional material, and
15.8. containing announcements for contests organised without the Website’s consent.
16. A commission on each contract of sale in the amount of 1,9% of a transaction value shall be collected from the User holding an Account and using a module for selling goods (shop). The commission shall be collected automatically exclusively upon the User entering into a contract of sale and the User’s customer making a payment by means of PayPal or Stripe. The said commission shall not apply to a payment into the User’s bank account or upon cash on delivery.
17. The User holding an Account and using a module for selling goods (shop) shall be the administrator of the processed data and shall post the sales rules and information on the personal data processing.
V. TERMS AND CONDITIONS OF TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONICALLY SUPPLIED SERVICES
1. Termination of a contract for the provision of an Electronically Supplied Service:
a) the User may terminate a contract with immediate effect and without reason by means of its Account on the Website. The deletion of the Account shall result in the User’sSubscription being cancelled.
b) the Service Provider may terminate a contract for the provision of an Electronically Supplied Service if the User is in breach of these Regulations including but not limited to when the User provides unlawful content after being served with a prior call for the abandonment of the breach with the time limit indicated and which time has elapsed ineffectively. In such event the contract shall expire after 7 days of making a declaration of will on the termination thereof (notice period).
c) The termination shall result in the end of a legal relation with effect ex nunc.
2. TheService Provider and User may terminate a contract for the provision of an Electronically Supplied Service at all times by mutual agreement.
VI. COMPLAINT HANDLING PROCEDURE
1. Complaints related to the provision of Electronically Supplied Services by the ServiceProvider:
a) Complaints related to the Electronically Supplied Service provision by means of the Website may be made by the User via e-mail at: firstname.lastname@example.org .
b) Such e-mail shall include as much information and circumstances related to the object of the complaint as possible including but not limited to a type and date of the occurrence of irregularities and contact data. The given information will greatly facilitate and expedite the complaint handling procedure on the part of the ServiceProvider.
c) The Service Provider shall consider the complaint immediately but no later than within 14 days.
d) The Service Provider’s reply to a complaint shall be sent to the User at the e-mail address indicated in the claim form or in any other way indicated by the User.
VII. WITHDRAWAL FROM A CONTRACT
1. Subject to VII(3) herein below the User which is also the Consumer or entity referred to under VIII herein which entered into a distant contract may withdraw therefrom without reason by making an appropriate declaration in writing within 14 days. Sending a 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 may withdraw from a contract, shall be calculated from the day on which theConsumer or entity referred to under VIII herein entered into a contract for service provision.
3. TheConsumer or entity referred to under VIII herein may not withdraw from a distant contract in the case of a contract:
3.1. in which the object of performance is a service if an entrepreneur performed a service in full upon express consent of the Consumer who had been informed prior to the performance that after the performance of the service by the entrepreneur, the Consumer shall lose the right to withdraw from the contract,
3.2. for the provision of digital content which is not recorded in a tangible storage medium 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 and after the Consumer being notified by the entrepreneur of the loss of the right to withdraw from the contract.
4. If theConsumer or entity referred to under VIII herein exercises his right to withdraw from a contract after requesting the service provision, he shall pay for the services provided by the time of the withdrawal.
5. The amount to be paid shall be calculated proportionately to the scope of the performance provided including the price or remuneration specified in the contract. The basis for the calculation thereof shall be the market value of the performance provided.
VIII. PROVISIONS RELATED TO ENTREPRENEURS TO WHOM CONSUMER RIGHTS APPLY
1. An entrepreneur conducting sole business activity (VIII(1) shall not apply to commercial partnerships and companies) shall be protected by laws provided for under the Consumer Rights Act provided that a contract made with the ServiceProvider is not of a professional nature.
2. A person conducting business activity referred to under VIII(1) herein above shall be under protection exclusively with respect to:
2.1. unlawful contractual provisions – so-called abusive clauses, and
2.2. the right to withdraw from a distant contract under VII herein.
3. The entrepreneur referred to under VIII(1) herein above shall lose the rights under the consumer protection provisions if a contract made with the Service Provider is of a professional nature.
IX. INTELLECTUAL PROPERTY
1. The whole content on the website at: HitMe shall enjoy author’s rights and (save for the content posted by Users and elements used under a licence, author’s rights transfer or fair dealing) shall be owned by IMT, Bracken Road, Sandford Industrial Estate, Dublin 18, D 18 CV48, Ireland. The User shall bear full liability for any damage inflicted on the Service Provider as a result of using any content of HitMe without the Service Provider’s consent.
2. Any use without Service Provider’s express written consent by any person of any element being part of the content of HitMe shall constitute infringement uponthe author’s rights enjoyed by the Service Provider and shall result in civil law and legal liability.
3. The User sending the Website a photograph and other digital content shall bear exclusive liability for infringement upon author’s economic rights and derivative right sand third parties’ personal interests with respect thereto, and in the event that any person pursues any claims or demands towards the Website or ServiceProvider with respect thereto, it shall release the Website or Service Provider from 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. Users bear full liability for breaking the law or causing damage as a result of their action on the Website such as in particular providing untrue data, disclosing confidential information or other secrets protected by law, infringing personal interests or author’s rights and derivative rights as well as processing Users’ personal data 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 potential disruptions in the Website operation including but not limited to interruptions in access.
5. TheService Provider shall bear no liability towards Users with the proviso that this provision shall not apply to Consumers and entities referred to under VIII herein:
5.1. for any damage and loss arising directly or indirectly (including damage as a result of loss of profits from business activity, interruptions in business operation or loss of business information and other damage of a proprietary nature) from use,inability to use or faulty operation of the Website’s software, damage resulting from the switching off or failure of a computerised system, or blackout,
5.2. with respect to an inappropriate use of the Website by the User and inappropriate operation of the computer hardware, software or communication system by means of which the User connects to the Website system,
5.3. for any damage resulting from errors, failures and interruptions in the Website’s operation or incorrect entry or read-out of data downloaded by Users,
5.4. for disruptions in the Website’s operation as well as loss of Users’ data as a result of force majeure or action by third parties,
5.5. for third parties action consisting in using data and materials on the Website in a way non-compliant with general applicable law or the Regulations,
5.6. for inability to log into the Website caused by including but not limited to: connection quality,computerised system or power network failure or incorrect Users’ software configuration, and
5.7. for effects of password loss.
XI. FINAL PROVISIONS
1. Contracts entered into by means of the Website shall be in accordance with the EU law.
2. Amendments to the Regulations made by the Service Provider shall bind the User provided that it is duly notified of such and does not terminate a contract for the provision of electronically supplied services within 14 days of being notified of the amendments by the Website.
3. Any disputes arising between the Service Provider and User shall be settled in the first place by negotiation with a view to settling a dispute amicably. In the event this is not possible or unsatisfactory for either party disputes shall be settled by a competent general court under XI(4) herein.
4. Settling disputes by court:
4.1. Any disputes 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. Any disputes 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 a complaint by means of Online Dispute Resolution platform available at: http://ec.europa.eu/consumers/odr/.