The definitions used in the Regulations have the following meaning:
- NGChat.com – an Internet service contained on the following website: NGChat.com where the User may use the Services.
- Services – the features provided to the Users through NGChat.com
- Account – an individual User profile containing data necessary to provide the Services, the account balance as well as the login and password which allow identification and individual access of the User to the Services.
- User – an entity with access to the Services, being a natural person with legal capacity, a legal person or an organisational unit which has the possibility of being an entity with rights and obligations on the basis of particular legal regulations.
- Regulations – these Regulations specifying the terms and conditions of NGChat.com
- NGChat.com is owned by: NGChat.com Sp. z o. o., ul. Fryderyka Chopina 21, lok 49, 62-510 Konin
- The User may quickly and effectively contact NGChat.com through:
24 hours a day, 7 days a week.
TERMS AND CONDITIONS OF PROVIDING ELECTRONIC SERVICES
- In order to use the Services provided on the basis of these Regulations, the user should:
- possess an internet browser:
PC: IE 10; FF 31; Chrome 31; Safari 7; Opera 30
Mobile: IOS Safari 7.1; Android Browser 4.4; Android Chrome 42
- b) have an activated Java Script support,
- c) possess an active e-mail address.
- A precondition for providing Services specified in the Regulations consists in registering at NGChat.com, as well as reading and accepting all provisions of these Regulations.
- The Regulations are available at http://NGChat.com/terms-and-conditions and are provided to the User prior to concluding a contract.
REGISTRATION, USER ACCOUNT AND CONTRACT.
- Pursuant to the principles specified in this paragraph NGChat.com concludes a contract on the provision of electronic services with the User, on the basis of which a User Account is created.
- In order to register, the User should fill out the registration form.
- For setting up an account, it is necessary to specify the following data:
- a) login,
- b) password to the User Account,
- c) active e-mail address.
- Registration is completed at the moment of entering the respective data into the form available at NGChat.com. Upon registration, the User receives an e-mail confirmation, and their account is activated.
- Termination of the contract by any of the parties as well as its dissolution by mutual consent or without termination notice, is equal to blocking the access of the User to the User Account and the Services, as well as removal of the Account.
- NGChat.com may terminate the contract on the provision of electronic services, in the following cases:
- a) the aim of the registration or the method of using the Services is vividly against the principles and aim of the website’s functioning;
- b) the User’s activity is against the applicable customs, presents violent or criminal content and violates the rights of third parties;
- c) receipt of an official notification of an illegal act in relation to the provided data or the activity related to such data;
- d) the user grossly and persistently violates the provisions of these Regulations;
- Prior to terminating the contract on the provision of electronic services, and in the case of violating the Regulations without a severe effect, NGChat.com may suspend the User Account for a specific period, no longer than 7 days. User suspension consists in blocking the possibility of using the Services. The User will be informed about the reason for suspension by e-mail or telephone. The decision on User Account suspension will be revoked if the reason for suspension ceases to exist or it becomes clarified.
- In the case of gross violations, NGChat.com may terminate the contract without notice.
- A statement on terminating the contract on the provision of electronic services may be submitted by means of sending the same to the e-mail address specified in the contact details of the User Account or by deleting the User Account in the case of withdrawing from the contract without termination notice.
- Only people above the age of 13 may set up accounts at NGChat.com.
- NGChat.com offers Accounts with the LIVE CHAT service.
- Within the above Services, NGChat.com provides a window for communication between the User’s website visitor and the agent acting on behalf of the User.
- A detailed technical description relating to the requirements for proper operation of the Service, can be found in section 3, item 1 hereof. At the time of concluding the contract with NGChat.com, the User declares that they are familiar with the technical conditions and that they accept such conditions.
- Service activation requires an active User Account. The User may place the order via the following website: NGChat.com24 hours a day, 7 days a week.
- Usage of the Service is free of charge for the first 14 days from Service activation.
- After the above period ends, the Service becomes payable for an unspecified period, with the possibility of terminating the contract with a 10-day termination notice applicable from the following month, by indicating such an intention on the NGChat.com website.
- Within the termination notice period, the Service is fully payable. After terminating the contract by NGChat.com or the User, the price paid by the User for the period in which contract termination took place, shall not be subject to a refund.
- The above is also applicable in the case of contract termination by NGChat.com without notice.
- The price list for the payable Service as well as the acceptable currency can be found at NGChat.com/pricing
- Payments are completed by credit cards through the PayLane sp. z o.o., Gdańsk ul. Arkońskiej 6/A3, post number: 80-387, KRS: 0000227278 (http://paylane.com/) or PayPal.
ERMS AND CONDITIONS OF USING THE SERVICES
- The Service is intended merely for professional and commercial use. The User is liable for using the Service according to its intended use and technical specification.
- The Service may be used by any number of the User’s websites.
- The Account is assigned to a given User with the reservation of item 2, and the User may not share the Account or Service with any third parties.
- NGChat.com reserves the right to access to the Accounts of particular Users for technical, administrative and safety purposes.
LIABILITY AND WARRANTIES
- NGChat.com is in no way liable for the content processed by the Users using the Service. NGChat.com in no way monitors the content processed by the Users using the Service.
- NGChat.com is not liable for the loss incurred by a given User or a third party resulting from using the Service against the technical specification or the intended use.
- NGChat.com guarantees quality of Services within the scope of continuity and availability however it shall not be liable for the following cases:
- a) force majeure;
- b) problems with the continuity and availability of the offered products and services which are beyond control of com;
- c) acts of third parties.
- NGChat.com is not liable for the operation of external systems with which NGChat.com is integrated using scripts or plugins.
- In the case of improper operation of the NGChat.com website or the User Website, the User should immediately notify NGChat.com about the above in writing, by sending an e-mail to the following address:firstname.lastname@example.org. Failure to notify the User about improper operation of their system or the NGChat.com system shall release NGChat.com from any liability for any possible loss and lost profit of the User.
INTELLECTUAL PROPERTY RIGHT
- NGChat.com is entitled to entire intellectual property rights of the Website and the components of the Service itself.
- NGChat.com is a reserved trademark.
- The Users may execute the above rights only within the scope and limits of the contract concluded with NGChat.com, and the terms and conditions of these Regulations.
- Any interference with the above rights by the Users or third parties is prohibited.
- Any complaints may be submitted electronically to the following e-mail address: email@example.com
- The complaint should include the following:
- a) Username;
- b) description of the reason for complaint as well as the claimed period, including the date of completing the claimed activities;
- c) presentation of the circumstances justifying the complaint,
- c) signature of the person submitting the complaint – in the case of a complaint submitted in writing.
- The complaint will be processed within 30 days of its receipt.
PERSONAL DATA PROTECTION
- NGChat.com only collects the data which is necessary for proper provision of the offered Services.
- The User confirms the authenticity and truthfulness of the data contained in the registration form.
- The database of Users is subject to legal protection. The above data is specifically protected and secured against unauthorised access.
- NGChat.com is the data administrator, which processes personal data of the Users under the Personal Data Protection Act of 29 August 1997 (uniform text: Journal of Laws from 2002 No. 101 item 926, as amended) as well as the Act of 18 July 2002 on providing electronic services (Journal of Laws No. 144, item 1204, as amended).
- NGChat.com is not liable for authenticity of information and data specified by the Users or the information about Users shared with other people. NGChat.com notes that it is unable to verify the above, in terms of their compliance with the actual state.
- NGChat.com will not share in any other way than it is specified in the aim of its activity or the scope of the granted consent and declaration, any information and data about the Users with any third parties without a legal base which would enforce such an action onNGChat.com and assures that it will make every effort to properly protect such information, in particular in compliance with the Personal Data Protection Act and the act on providing electronic services.
- NGChat.com ensures the User with the possibility of exercising rights resulting from the Personal Data Protection Act, in particular by allowing the User to review their personal data as well as to change, correct or request their removal.
- Exercising the right to request a change, correction or removal of the data from the NGChat.com system is possible by means of sending an applicable request via e-mail specifying the data of the User.
- The fact of exercising the right to remove the User’s data from the NGChat.com system is equal to closing the User Account and terminating the contract.
- Together with the removal of the User Account, NGChat.com will permanently and irrevocably remove the User’s data, and thus will cease to process the personal data of that User. NGChat.com reserves the right to store such data as the time and IP address of the User’s logging in after removing the User Account, for the purpose of any possible requests submitted by the Police or prosecutors as well as data necessary to settle the Services until their final settlement.
- In matters not regulated herein, the provisions of the Polish law shall apply accordingly.
- In the case of a dispute arising in connection to executing the contract concluded on the basis of these Regulations, the parties agree to settle it out of court acting in good faith.
- If an amicable settlement of the dispute specified in item 2 is impossible, the dispute will be resolved by a court competent for the seat of NGChat.com.
- NGChat.com reserves the right to amend the provisions of these Regulations, including the Price List for Services, without notifying the User in each case. The User may become familiar with the updated version of the Regulations available at NGChat.com. Further use of the Services equals to accepting the amended Regulations.