GENERAL TERMS AND CONDITIONS
Last updated: 09.03.2023
Please read these terms and conditions carefully before using Our Service.
DEFINITIONS AND INTERPRETATION
The capitalized words have the following meanings:
- Account means a unique account created for You to access our Service or a part of our Service.
- Application means the Company’s official application “Challenger Project Tracker” available to download from the Overwolf Appstore. User may log in to the Application using Account.
- Country refers to: Poland.
- Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Challenger Project sp. z o.o., ul. Sądowa 2/11, 20-027 Lublin, Polska, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin Wschód in Lublin with its registered office in Świdnik, VI Commercial Division of the National Court Register under KRS number 0000895796, NIP: 5213926669, REGON: 388756390; e-mail: firstname.lastname@example.org.
For the purpose of the GDPR, the Company is the Data Controller.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that Content.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Participants refers to any registered Users who join a Tournament organized and conducted on Our Website.
- Payment Methods means payments via PayPal digital wallet provided and performed by the Payment Providers.
- Payment Providers have the meaning given in point 8.1 below
- Service means services provided by Us in the form of making the Website available to the Users, including, but not limited to: providing gameplay data and statistics as well as allowing organization and participation in Tournaments.
- Team Leader means a User that was given this status by the Tournament's Organizer in order to allow the Team Leader to carry out activities in a team Tournament, such as: changing the Team’s name and managing the team’s composition.
- Terms and Conditions mean these general terms and conditions.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Tournaments (referred to as either "Tournament" or "Challenge" in these Terms and Conditions) means e-sport competitions in computer games organized and conducted on Our Website by Us or any registered Users, or third parties. These Tournaments are competitions based on intellectual activity, the aim of which is to achieve a sporting result.
- Tournament Entry Fee (referred to as either "Tournament Entry Fee" or "Entry Fee" in these Terms and Conditions) means an entry fee that Users must pay in order to participate in pay-to-enter Tournaments organized on the Website.
- Tournament’s Moderator (referred to as either "Tournament’s Moderator" or "Moderator" in these Terms and Conditions) means a User that was given this status by the Tournament's Organizer in order to allow the Tournament’s Moderator to carry out activities such as: accepting the join requests to a private Tournament and removing Participants from a Tournament.
- Tournaments’ Organizers (referred to as either "Tournament’s Organizer" or "Organizer" in these Terms and Conditions) refers to Us or any registered User, or third parties that organize any Tournaments conducted on our Website.
- Transaction Fee has the meaning given in point 6.10 below.
- Website refers to the Company’s website accessible from: https://challengerproject.gg
- You (referred to as either "You" or "User" in these Terms and Conditions) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- The definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- The documents binding upon the User are mutually explanatory. However, any conflict, discrepancy or inconsistency in the documents shall be resolved by the order of precedence of documents specified below:
- specific Tournament Rules;
- conditions displayed to the Users on the Tournament page at the Website;
- these Terms and Conditions;
- other documents if communicated to the User.
- These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
- By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. These Terms and Conditions apply to all visitors, Users and others who access or use the Service. By accessing and/or using the Service, You agree to comply with these Terms and Conditions.
- Our Service is not intended for use by children under the age of 16. You represent that You are over the age of 16. The Company does not permit those under 16 to use the Service.
- Our Service is intended for casual, non-professional players.
- We reserve the right in our sole discretion to suspend Users’ Accounts and/or block Users from using Our Service, including suspend the Entry Fee payments, Prize payments or refund payments, at any time without notice, due to the reasons including, but not limited to, maintenance work, malfunctions, fraud, unauthorized access or any other suspicious activity. Examples of such suspicious activities include, but are not limited to, any breaches of these Terms and Conditions.
- We reserve the right to suspend and/or close Your Account and/or block You from using Our Service, including suspend the Entry Fee payments, Prize payments or refund payments, at any time without notice, if You violate, or we reasonably believe may be or will be violating, these Terms and Conditions.
- You are allowed to register only one Account on Our Website. However, You can connect Your Account with multiple game accounts for which You registered as a player through a game publisher, such as Riot Games.
- In order to connect game accounts of certain games with Your Account it might be required to use Application.
- When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your Account on Our Service.
- You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
- You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
TOURNAMENTS GENERAL CONDITIONS
- Tournaments organized on Our Website are classified as a “game of skill” and are not a game of chance due to the fact that: (i) the outcome of these Tournaments is solely determined by the Participant’s skill in the game, (ii) these Tournaments have no element of chance, (iii) rules for assessing the results of these Tournaments have objective nature, are known to the Participant before Tournaments, and are unambiguously verifiable in terms of quantity or quality, and (iv) aim of these Tournaments is to achieve a sporting result as an effect of the competition of skills, knowledge, reflexes and real-time decision making.
- Depending on the specific rules of the Tournament, participation in these Tournaments is subject to an Entry Fee or is free of charge (no Entry Fee) and is voluntary and there may be monetary or non-monetary prizes.
- To conduct any payments or transactions on the Website, You need to be at least 18 years old.
- Participant must be a User registered on the Website.
- Tournaments organized on Our Website are intended for casual, non-professional players who are natural persons and do not represent a business entity or do not run a business whose business activity is playing video games professionally.
- By taking part in the Tournaments organized on Our Website, You confirm that You are physically located in a jurisdiction in which participation in the Tournaments You want to participate in is unrestricted by law.
- To join a private Tournament, the User shall submit a request on the Website. Subsequently, the Organizer or Moderator must accept such request for the participant to join the Tournament. The Organizer or Moderator can also invite Users to join the Tournament.
- In case of a public Tournament, Users can join it, if they meet the game-specific Tournament’s conditions set out in point 5 that are verified automatically once the User has performed the action of joining the Tournament at the Tournament’s page at the Website. The Organizer or Moderator can also invite Users to join the Tournament.
- Company’s employees, subcontractors, persons employed by the Company under civil law contracts and directors of the Company are not allowed to take part in any Tournaments, other than for product development and test purposes.
- Tournaments can be organized and conducted by Us, any registered User or third-parties.
- While initiating a Tournament, a Tournament’s Organizer sets up the Tournament’s conditions, these may include, but are not limited to:
- game that is played, such as League of Legends;
- ranking system (rules/scoring), including how points are awarded to Participants;
- duration of a tournament as well as start/end times. The time zone for the starting and ending times of a Tournament are based off the location of the Tournament’s Organizer;
- minimum and maximum number of Participants;
- minimum number of matches played;
- Entry Fee (in case of pay-to-enter Tournaments).
- All these details are displayed to Users on the Tournament’s page so that Users can read them before joining the Tournament.
- Tournament Organizer ensures that Tournament’s conditions set up by him/her are fair, equal to all Participants and do not change the nature of the Tournament as an e-sport game of skill. Tournament Organizer certifies that Tournament’s conditions do not breach any law or regulatory requirements in the jurisdiction he or she is located in and takes sole liability and responsibility for any potential breach of them.
- Tournament may be canceled in the following cases:
- An ongoing Tournament can be canceled, if no Participant has played at least one match qualified to the Tournament;
- A finished Tournament can be canceled, if a minimum number of Participants according to specific rules of the Tournament has not been reached or if – in the event that a minimum number of Participants has not been determined – there have not been at least 2 Participants qualified to the Tournament.
- If it is required by applicable law or by the decision of a public authority.
- Participation in the Tournament is on a first-come, first-served basis
- Participants need to play the minimum number of matches that meet the Tournament conditions specified for a particular Tournament in order to be listed on a Tournament’s final leaderboard as qualified Participants (“Qualified Participants”).
- Tournament’s Organizers may give ‘Tournament’s Moderator’ or ‘Team Leader’ status to any Users.
- We or Tournament’s Organizers or Tournament’s Moderators may remove a Participant from a Tournament, without prior notice or liability, for any reason whatsoever, including without limitation if the Participant:
- breaches the Terms and Conditions or specific rules of the Tournament; or
- has not already played at least one match that qualifies to the Tournament.
- Tournament’s Entry Fee is generally non-refundable unless:
- the Tournament has been canceled in accordance with these Terms and Conditions;
- a Participant has been removed from the Tournament before the Participant has played at least one match qualified to the Tournament;
- a User has left a private Tournament before her/his join request has been accepted by the Tournament’s Organizer;
- the User’s join request has been declined by the Tournament’s Organizer.
- The results and prizes of each Tournament will be determined with actual game and server data as well as by the Tournament’s Organizer (and its administrators or moderators), only where necessary in line with the below rules:
- Once a Tournament has finished, the Tournament is in a ‘verification’ status meaning that the results are being verified.
- Tournament’s matches results of each Qualified Participant will be evaluated against the matches results of the Participant’s last 20 matches before the Tournament’s start (standard deviation of the Participant’s score in the Tournaments matches/standard deviation of the Participant’s score in the last 20 matches before the Tournament).
- On the back of the above-mentioned evaluation, each Qualified Participant listed on the leaderboard is marked with a dot in one of two colors:
- Green, if the result is higher than 25%;
- Red, if the result is less than or equal to 25%.
- Participants marked with a red dot may be reported by other Participants who suspect unfair behavior. Participants can request further verification by clicking on the red dot by the Participant’s game account on the leaderboard within 1 working day after the Tournament has finished.
- If there are no requests for further verification, the Tournament’s status changes to ‘finished’. If there are any requests for further verification, these requests are thoroughly investigated within 3 working days after the Tournament has finished. On the back of the manual verification, the results are determined by the Tournament’s Organizer (and its administrators or moderators) and the leaderboard may change. Once the additional investigation has concluded, the Tournament’s status changes to ‘finished’. Such determinations are final.
- The results and prizes of each Tournament will be determined taking into account the goal of the Tournament that has been set during the Tournament’s set up. If there are more Participants with the same results (the same values of the main goal) eligible for the prizes, the prizewinners will be determined taking into account the second parameter (besides the main goal of the Tournament) and this second parameter will be: “Gold per minute” for League of Legends, “Score” for Rocket League, and “AVG Combat Score” for Valorant. Therefore in case of scoring the same values of the main goal, the Participants will be ranked according to who achieves the highest average of the second parameter specified above of all matches qualified to the Tournament. If there are more Participants with the same values of the second parameter specified above, the time of joining the Tournament will determine the place on the leaderboard, meaning a Participant who joined earlier will be ranked higher.
- If the number of prizewinners is smaller than the number of places for which the prizes are awarded, the unallocated prizes will be distributed among the prizewinners accordingly and we may also refund a part of the Entry Fee equally between all Participants if required.
- By joining a Tournament, You confirm that You have read and understood these Terms and Conditions, and that You agree to be bound by them. By participating in a Tournament, You also agree to comply with the detailed rules of the Tournament set out in the specific Tournament Rules and other conditions displayed on the Tournament’s page at the Website.
- Free-to-enter Tournaments organized by Us or a User or a third party with monetary or non-monetary prizes funded by a sponsor shall be governed by a separate agreement to be concluded between Us and the Tournament’s Organizer and the Tournament’s sponsor.
- Pay-to-enter Tournaments can be organized by Us or by a User or a third party that signed a separate agreement with Us in order to organize such Tournaments.
- Pay-to-enter Tournaments organized by a User or a third party shall be governed by a separate agreement to be concluded between Us and the Tournament’s Organizer.
- Participation in Tournaments in certain games may require to use Application in order to count matches towards these Tournaments.
GAME-SPECIFIC TOURNAMENTS CONDITIONS
- Tournaments in League of Legends organized on Our Website are governed by the additional rules listed below:
- Matches with the ‘remake’ and ‘early surrender’ status (as per the game publisher rules) are not eligible for the Tournaments.
- Player’s minimum game account level has to be at least 100 and the game account has to be ‘ranked’ in soloq matches (as per the game publisher rules).
- The minimum number of ranked matches in soloq played in the last 30 days is 10.
- The minimum number of ranked matches in soloq played overall is 20.
- Tournaments in Valorant organized on Our Website are governed by the additional rules listed below:
- Matches with the ‘remake’ and ‘early surrender’ status (as per the game publisher rules) are not eligible for the Tournaments.
- Estimated prize pool as well as projected prize pool distribution are displayed to the Organizer while initiating the Tournament.
- Estimated and current prize pool as well as projected prize pool distribution or non-monetary prizes, depending on the type of the prizes, are displayed to the Users on the Tournament’s page at the Website. However, a total amount of a prize pool will amount to at least 70% of Entry Fees paid by Participants.
- If applicable, tax shall be deducted from the monetary Prizes in accordance with the regulations in force of the Polish tax law. Any other national, provincial, state, and local taxes due in connection with any monetary Prizes awarded, are Your sole liability and responsibility.
- If applicable, tax shall be paid on the non-monetary Prizes in accordance with the regulations in force of the Polish tax law. If the tax is due in connection with the non-monetary Prizes, the prizewinner will be granted an additional cash prize in the amount corresponding to the tax amount charged to the winner of this non-monetary Prize (grossing up), i.e. the equivalent of 11.1111% of the value of the non-monetary Prize, intended for the payment of tax on the non-monetary Prize and on the additional cash Prize. Prior to handing over such Prizes, we will collect the applicable tax from the prizewinner, in accordance with the Polish tax law. Tax collection will be made by deducting the tax from the additional cash prize mentioned above. Any other national, provincial, state, and local taxes due in connection with any non-monetary Prizes awarded, are Your sole liability and responsibility.
- The monetary prize will be paid to the User ‘s PayPal digital wallet once the User has ordered the payment on the Transactions page at the Website. If the User orders the payment of the rewards to be made and there are multiple rewards that the User is eligible to claim, all rewards will be paid at once.
- The prize cannot be exchanged or replaced with another one.
- The prize winner is not entitled to transfer the right to the prize to third parties.
- Details about how the non-monetary prizes will be handed over to the prizewinners will be established by the Tournament’s Organizer and displayed on the Tournament’s page at the Website.
- All funds and prizes are denominated in USD unless otherwise noted. All references to USD on the Website are references to the currency US Dollar. If You make a payment that is denominated in a currency other than USD, the funds will be converted into USD by the Payment Provider. You may be charged a service fee for such currency conversion amounting to a percentage set by the applicable Payment Providers.
- Payments of the monetary prizes are subject to a transaction and administration fee (“Transaction Fee”) amounting to a fixed fee and percentage of the payment’s amount (depending on the terms applied by the applicable Payment Provider) which is initially paid by the Company. In order to compensate for the incurred costs, the Company deducts the Transaction Fee from the monetary prize payments. The Transaction Fee is USD 0,3 + 4.89% of the monetary prizes’ payment
- If You wish to participate in a pay-to-enter Tournament, You must pay an Entry Fee. The Entry Fee can be paid through the Payment Methods. The User can participate in the Tournament after the payment of the Entry Fee.
- The Entry Fee is charged:
- in case of a public Tournament once a User has joined a public tournament, or
- in case of a private Tournament once a User’s join request has been accepted by the Tournament’s Organizer;
- The Company has a right to a platform fee of a maximum of thirty percent (30%) on all of the Tournament’s Entry Fees. This platform fee will be deducted automatically upon the payment of an Entry Fee.
- You may be charged a currency converter fee to the applicable Payment Provider, when paying with another currency than USD.
- All Entry Fees are calculated and shown including VAT, if applicable. The Company will provide Users with electronic invoices documenting platform fee and VAT, if applicable. Electronic invoices will be sent to the e-mails of Users. By accepting Terms and Conditions Users also accept that services of the Company remunerated with platform fee will be invoiced by means of electronic invoices.
- The Company will refund the Entry Fee paid by the User in full to the User in the cases set out in point 4.19. The Company will use the same Payment Method used by the User upon payment of the Entry Fee to refund the Entry Fee, unless the Company and the User expressly agree on a different Payment Method. In the case of Entry Fee refund the Company will provide the User with electronic corrective invoice.
- The Company commits to allocate at least 70% of Entry Fees paid by Participants exclusively to the prize pool of the Tournament for which those Entry Fees were paid, in accordance with point 6.2. Entry Fees allocated to prize pools will be used solely to distribute Prizes to eligible Participants of Tournaments.
- The Company is obliged to hold Entry Fees allocated to prize pools in its bank account or its account provided by a Payment Provider and not to use it to cover any of its expenses related to its operating or financial activities. The Company is obliged to use Entry Fees allocated to prize pools solely for the distribution of Prizes pursuant to these Terms and Conditions.
- The Company will keep a separate record of Entry Fees in order to: (i) calculate the appropriate portion of Entry Fees to be allocated to prize pools and subsequently the value of Prizes to be distributed among Participants, and (ii) make appropriate Prize payments to eligible Participants of a Tournament.
THIRD-PARTY PAYMENT PROVIDERS
- We use the services of third-party electronic payment processors and payment institutions ("Payment Providers") to process payments for the Service.
- You agree to the terms and conditions of the services provided by the Payment Providers.
- The Company does not make any payment transactions within the Website and the Service and is not responsible for any payments made via Payment Providers.
Your Right to Post Content
- Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
- By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other Users of the Service, who may also use Your Content subject to these Terms and Conditions.
- You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms and Conditions, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
- The Company is not responsible for the content of the Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.
- You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, vulgar or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- unlawful or promoting unlawful activity;
- defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
- spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
- infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
- impersonating any person or entity including the Company and its employees or representatives;
- violating the privacy of any third person;
- false information and features.
- The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and Conditions, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by Users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
- If You have reason to believe that some content of a User is inappropriate and/or does not comply with these Terms and Conditions, please contact Us with sufficient detail by email: email@example.com.
- Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
- Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
- The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
- You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
MALFUNCTIONS, FRAUD AND UNAUTHORISED ACCESS
- The Website is cloud based and provided via the internet, and actual availability is hence dependent on factors partly outside of Our control. You agree, without limitation, that We are not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from the Tournaments organized on the Website or from a match played within a Tournament organized on the Website, or any incorrect or inaccurate results that may be posted on or in relation to a Tournament. You also agree that We are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or Application or Your Account.
- You may not:
- gain, or attempt to gain, unauthorized access to the Website’s or Application’s systems or any other Accounts other than Your own, interfere with the communications, procedures or performance of the Website or Application or deliberately damage or undermine the Website or Application;
- affect the outcome of Your match by means of or with the assistance of macros, bots, automated programs, cheating software, screen analysis utilities, player collusion, any type of modifications or otherwise commit fraud in relation to the Website or Application;
- alter the human skill component of any game played within a Tournament organized on the Website;
- participate in any Tournament organized on the Website by means of automatic, macro, programmed bots, or similar methods, or to otherwise commit fraud with regard to the Website;
- block, overwrite, modify or copy any contents of the Website or Application;
- perform any actions that may impair the operability of the Website’s or Application’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software;
- attempt to decompile or reverse engineer any software contained on the Website, Application or Services.
- If You have obtained any rewards due to violation of these Terms and Conditions, We reserve the right to cancel such rewards upon termination or removal of Your Account and reuse the funds for promotional purposes, donations to charities or otherwise to further improve the Website or Services.
- If You have paid out any undue rewards, We reserve the right to recover the unduly paid rewards under applicable law.
- The Service and its original content (excluding Content provided by You or other Users), features and functionality are and will remain the exclusive property of the Company and its licensors.
- The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
- Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
YOUR FEEDBACK TO US
You assign all rights, title and interest in any Feedback You provide the Company with. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
- Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
- The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
- We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
- Upon termination, Your right to use the Service will cease immediately.
- If You wish to close Your Account, please send Us a request by email: firstname.lastname@example.org.
LIMITATION OF LIABILITY
- Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or USD 100 (hundred) if You haven't purchased anything through the Service.
- To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
- Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
- The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
- Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
- Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
- You have the right to lodge a complaint regarding the Services provided on the Website.
- Complaints must be filed immediately after the occurrence of the event giving rise to the complaint.
- Complaints should include at least: name, surname, contact data (postal address or e-mail address) and a description of circumstances justifying filing a complaint.
- Complaints should be submitted via e-mail: email@example.com.
- The claims will be investigated by Us and the response will be sent within 14 days after receipt of the claim. The response will be sent to the contact details provided by You when submitting the claim.
- We may request additional information if necessary to determine the facts and investigate the claim.
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service.
- If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
- Any disputes relating to the Service or its provision or connected herewith that are not resolved amicably shall be finally resolved by a competent common court of the Republic of Poland.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
SEVERABILITY AND WAIVER
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated. If We have made them available to You on our Service, You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
- We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time.
- We will notify You of any changes by posting the new Terms and Conditions on this page.
- We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of these Terms and Conditions.
- You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.
- By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If You have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org