Warunki użytkowania
Terms and Conditions
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Last updated: March 06, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the https://hoga.io website (the "Service") operated by
Hoga Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service.
Purchases
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You are encouraged to familiarise yourself with your rights contained within
the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair
Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete. You
expressly agree that Hoga Ltd is not responsible for any loss or damage
arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.
We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
other reasons. You expressly agree that Hoga Ltd cannot accept any liability
for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an
unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
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We are constantly updating our offerings of products and services on the
Service. The products or services available on our Service may be mispriced,
described inaccurately, or unavailable, and we may experience delays in
updating information on the Service and in our advertising on other web sites.
You expressly agree that any such offer of a product or service does not
constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
Section "Availability, Errors and Inaccuracies" is without prejudice to
existing statutory rights.
Contests, Sweepstakes and Promotions
------------------------------------
Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms and Conditions, the Promotion rules will apply. The
terms and conditions of any other "Promotions" are independent of this
agreement.
Subscriptions
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Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Hoga Ltd cancels it.
You may cancel your Subscription renewal either through your online account
management page or by contacting Hoga Ltd customer support team.
A valid payment method, including credit card, is required to
process the payment for your Subscription. You shall provide Hoga Ltd with
accurate and complete billing information including full name, address, state,
zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorise Hoga Ltd to
charge all Subscription fees incurred through your account to any such payment
instruments.
Should automatic billing fail to occur for any reason, Hoga Ltd will issue an
electronic invoice indicating that you must proceed manually, within a certain
deadline date, with the full payment corresponding to the billing period as
indicated on the invoice.
Free Trial
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Hoga Ltd may, at its sole discretion, offer a Subscription with a free trial
for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for
the Free Trial.
If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Hoga Ltd until the Free Trial has expired. On the
last day of the Free Trial period, unless you cancelled your Subscription, you
will be automatically charged the applicable Subscription fees for the type of
Subscription you have selected.
At any time and without notice, Hoga Ltd reserves the right to (i) modify the
terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial
offer.
Fee Changes
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Hoga Ltd, in its sole discretion and at any time, may modify the Subscription
fees for the Subscriptions. Any Subscription fee change will become effective
at the end of the then-current Billing Cycle.
Hoga Ltd will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
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Certain refund requests for Subscriptions may be considered by Hoga Ltd on a
case-by-case basis and granted in sole discretion of Hoga Ltd.
Content
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Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
("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.
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 (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.
Accounts
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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 the Terms, 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 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 unauthorised 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 trade mark 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. You
expressly agree that we cannot be held liable for any loss or damage arising
out of any misrepresentations you make in this regard.
Intellectual Property
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The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of Hoga
Ltd and its licensors. The Service is protected by copyright, trademark, and
other laws of both the United Kingdom 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 Hoga Ltd.
When you upload content, you give to Hoga Ltd a worldwide, non-exclusive,
royalty-free, transferable licence (with right to sub-licence) to use,
reproduce, distribute, prepare derivative works of, display, and perform that
Content in connection with the provision of the Service and otherwise in
connection with the provision of the Service and Hoga Ltd business.
Links To Other Web Sites
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Our Service may contain links to third-party web sites or services that are
not owned or controlled by Hoga Ltd.
Hoga Ltd has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You
further acknowledge and agree that Hoga Ltd 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 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.
Termination
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We may terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
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You agree to defend, indemnify and hold harmless Hoga Ltd and its licensee and
licensors, and their employees, contractors, agents, officers and directors,
from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password; b) a breach
of these Terms, or c) Content posted on the Service.
Limitation Of Liability
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In no event shall Hoga Ltd, nor its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any indirect, incidental, special,
consequential or punitive damages, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from (i)
your access to or use of or inability to access or use the Service; (ii) any
conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
Hoga Ltd its subsidiaries, affiliates, and its licensors do not warrant that
- a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Exclusions
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Without limiting the generality of the foregoing and notwithstanding any other
provision of these terms, under no circumstances will Hoga Ltd ever be liable
to you or any other person for any indirect, incidental, consequential,
special, punitive or exemplary loss or damage arising from, connected with, or
relating to your use of the Service, these Terms, the subject matter of these
Terms, the termination of these Terms or otherwise, including but not limited
to personal injury, loss of data, business, markets, savings, income, profits,
use, production, reputation or goodwill, anticipated or otherwise, or economic
loss, under any theory of liability (whether in contract, tort, strict
liability or any other theory or law or equity), regardless of any negligence
or other fault or wrongdoing (including without limitation gross negligence
and fundamental breach) by Hoga Ltd or any person for whom Hoga Ltd is
responsible, and even if Hoga Ltd has been advised of the possibility of such
loss or damage being incurred.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of
England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will try to provide at least 30 days
notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.
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, you must stop using the service.
Privacy Policy and Cookie Policy
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Please refer to our Privacy Policy and Cookies Policy. You agree that they
constitute part of these terms. You must read our Privacy Policy and Cookies
Policy before you use the Service.
Contact Us
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If you have any questions about these Terms, please contact us.