I – General terms
- These Regulations define the general conditions, principles and method of providing services electronically as part of unregistered activities.
- By creating a User Account, the User declares that he has read the provisions of these Regulations, accepts them and undertakes to comply with them, and also consents to the immediate provision of the Service after he meets the conditions specified in the Regulations.
II – Definitions
Unless otherwise expressly provided to the contrary in these Terms, all capitalized terms used herein shall have their respective meanings set forth below:
- Price list – means a price list specifying the current amount of fees for Services provided by LCC NINJA under these Regulations, published on the Website.
- Password – means a string of letters, digits or other characters selected by the User during Registration, used to secure access to the User Account.
- LCC NINJA – means the entity responsible for the service
- User Account – means an individual panel for each User, launched on their behalf on the Website by LCC NINJA, after Registration by the User.
- Subscription Period – this is the period for which the Service is made available to the User by LCC NINJA, in accordance with the order placed by the User, based on the concluded contract for the provision of the Service.
- Test Period – this is the period for which a given Service is made available to the User by LCC NINJA free of charge in order to test it. The length of the Trial Period is determined by LCC NINJA and can be found in the description of a given Service available on the Website.
- Terms – means these terms of use.
- Registration – means a set of actual activities, specified in the Regulations, necessary to create a User Account, order the Service and use it by the User.
- Website – means the website operated by LCC NINJA at: lcc.ninja
- Force Majeure – means an external event, impossible to predict and impossible to prevent with due diligence, in particular: catastrophic acts of nature, acts of the legislative and executive authorities as well as strikes, riots and hostilities conducted on the territory of the Republic of Poland.
- User – means a natural person, a legal person or an organizational unit that is not a legal person and which is granted legal capacity by law
- Service – means a service provided under these Regulations by LCC NINJA electronically, via the Website.
III – Registration
- LCC NINJA provides Services only to those Users who have registered and have a User Account and ordered the Service in accordance with the provisions of the Regulations.
- Registration is done in following steps:
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- user completes the registration form provided by LCC NINJA for a given Service on the Website;
- user submits the completed registration form electronically to LCC NINJA by selecting the appropriate function located in the registration form;
- LCC NINJA shall immediately send electronically, to the address provided by the User in the registration form, confirmation of the creation of the User Account;
- in order to activate the User Account, the User is obliged to click on the link provided by LCC NINJA in the notification sent about the creation of the User Account;
- registration takes place when the User activates the User Account, which occurs by clicking the link referred to above.
- When completing the registration form, the User is obliged to follow the following rules:
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- user should complete all fields in the registration form marked as mandatory;
- all data provided by the User in the registration form should refer to the User and be true and complete;
- user sets a Password that will secure access to the User Account;
- user should read the Regulations and Privacy Policy.
- Sending the completed registration form to LCC NINJA is tantamount to:
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- user’s acknowledgment and acceptance of the Regulations;
- user’s obligation to comply with the provisions of the Regulations;
- user consents to receiving electronic invoices for the Services provided by LCC NINJA to the User, in accordance with his order.
- User is obliged to immediately inform LCC NINJA about any changes to his/her data provided during Registration.
- The User is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. If there are circumstances indicating that the Password is in the possession of an unauthorized person, the User is obliged to immediately notify LCC NINJA of this fact, using available means of communication.
- The User Account is deleted in the following cases:
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- at the request of a User who has registered and does not use any Service;
- in other cases specified in the Regulations, in particular in the event of violation of the provisions of the Regulations by the User.
- The User Account will be deleted by LCC NINJA within 14 calendar days from the occurrence of the event referred to in section. 7.
IV – Type and scope of Services, ordering Services and payment terms
- The Regulations apply to the provision of WizzAir and Ryanair flight search services by LCC NINJA electronically to Users.
- A detailed description of the Services and their scope can be found on the Website.
- The prices of the Services are specified in the Price List. The prices given in the Price List are gross prices expressed in Polish zlotys. The parties are bound by the price specified in the Price List valid and published on the Website on the day the User places an order for the Service, in the manner indicated in these Regulations. A subsequent change to the Price List does not affect the price applicable at the time of concluding the contract for the provision of the Service.
- The method of providing Services electronically by LCC NINJA is specified in the Regulations, unless the User has concluded a written agreement with LCC NINJA for the provision of dedicated services in the course of individual negotiations.
- LCC NINJA provides Services electronically 24 (twenty-four) hours a day, 7 (seven) days a week to Users who have ordered the Service.
- In order to order a Service, the User, after Registration, using the functionalities available through the User Account, should complete the Service order form in accordance with the parameters available for each Service.
- By specifying the parameters of the Service referred to in section 6, the User receives summary information about the price of the selected Service, its duration and information about the scope of the Service.
- The User orders the Service by selecting the appropriate function located under the order form or by creating an account (registration). Then, LCC NINJA sends confirmation of the conclusion of the contract for the provision of the Service electronically to the e-mail address provided by the User during Registration.
- If a Test Period is provided for a given Service, the User who ordered this Service in accordance with the provisions of these Regulations has the right to use the Service free of charge during the Test Period in the variant chosen by him. During the Test Period or after its end, the User may only extend the Service for a fee by paying the fee resulting from the order for the Service placed by the User, in accordance with the above provisions. If the Service is not extended, the User will not have access to it after the Trial Period expires. Each User may use the free Trial Period for a given Service only once.
- The User may choose the payment methods for the Services indicated in the ordering process.
- Activation of the Service after the expiry of the Test Period, and if no Test Period has been planned for a given Service – after placing an order for the Service by the User and after the User receives from LCC NINJA confirmation of concluding the contract for the provision of the Service electronically, will be performed when LCC NINJA receives confirmation that the first payment has been successfully made by the User, in accordance with the payment terms selected by the User, of which the User is informed by LCC NINJA.
- LCC NINJA sends the User who purchased the Service electronic invoices documenting such purchase to the User’s e-mail address provided during Registration.
V – Intellectual Property Rights
- The services and software used in connection with their provision, as well as the content, appearance, functional layout and graphic elements of the Website are subject to protection of proprietary copyrights and/or other rights (based on Polish and international law) vested in LCC NINJA or its suppliers. .
- LCC NINJA retains exclusive rights to the Website and all its elements, including software, graphic design, signs and markings, video images and recordings or audio, posted on the Website.
- LCC NINJA grants Users a personal, non-exclusive and non-transferable license to use the materials referred to in section 2, without the right to further sublicense.
- LCC NINJA under no circumstances transfers to the User any intellectual property rights to the Website, its parts or components referred to in section. 2. Audio or video recordings made available to the User via the Website may only be played within the Website and may not be changed, modified or copied by the User in any way.
- It is prohibited to copy, modify or transmit electronically or in any other form and in any way any elements of the Website, in whole or in part, without the prior written consent of LCC NINJA, except for the cases specified in generally applicable laws.
VI – Conditions for using the Website and the Services
- The User is obliged to use the Website and the Services provided in a manner consistent with the Regulations, and in a manner that does not violate generally applicable legal provisions, rights and goods of LCC NINJA or third parties, and principles of social coexistence.
- The User is fully responsible for the content he/she enters via the Website or applications and tools made available by LCC NINJA as part of the Services provided, as well as for any damage resulting from the User’s behavior inconsistent with the principles arising from these Regulations. Users are prohibited from providing illegal content.
- The use of the Website and the Services is solely at the User’s risk, and LCC NINJA does not provide any guarantees and is not liable for any consequences of the User’s use of the Website or Services.
- The user is not entitled to:
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- using any equipment or software that may damage or disrupt the proper functioning of the Website or IT applications and tools made available by LCC NINJA in connection with the provision of the Services;
- using any equipment or software that enables the capture of any data or information from the Website;
- take any action that imposes an unreasonable or disproportionately large load on LCC NINJA’s internet network or other service infrastructure.
- LCC NINJA has the right to deny the User access to the Website or Services, terminate the Service provision agreement with the User, block or delete the User Account when LCC NINJA receives reliable information that the User is using the Website or Services in an unlawful or inconsistent manner. principles of social coexistence, or when it otherwise violates the provisions of the Regulations or acts to the detriment of LCC NINJA or other Users. LCC NINJA notifies the User about the actions taken, referred to above, electronically to the address provided by the User in the registration form.
- Blocking access to the User Account or Services for the reasons listed in section 5 lasts for the period necessary to resolve the issue constituting the basis for blocking access to the User Account or Services. LCC NINJA notifies the User about the actions taken electronically to the address provided by the User in the registration form.
VII – Liability
- LCC NINJA is obliged to provide the Services with due diligence, in accordance with the Regulations.
- LCC NINJA is not liable for non-performance or improper performance of the Service, in particular if it is the result of:
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- the occurrence of Force Majeure or other circumstances for which LCC NINJA, in accordance with generally applicable laws, is not responsible;
- reasons attributable to third parties through which the Service is provided;
- incorrect use of the Website or Service by the User;
- the User uses the Website or Service in a manner inconsistent with the Regulations or applicable law,
- use of the User’s Password by third parties, if these persons came into possession of it as a result of the User’s insufficient protection of the Password against unauthorized persons.
- In no case does LCC NINJA’s liability cover lost profits, and LCC NINJA’s liability is limited to the value of the fee paid by the User for the Service provided to him, in connection with which the damage occurred.
VIII -Termination of the Service agreement
- Taking into account the principles set out below, each party may terminate the contract for the provision of the Service electronically at any time and without giving reasons, with a 30-day notice period, unless the individual contract for a dedicated Service provides otherwise.
- In the event of termination of the Service provision agreement by the User before the expiry of the paid Subscription Period, LCC NINJA does not refund the fee for the remaining, unused Subscription Period to the User.
- In the event of termination of the contract for the provision of the Service by LCC NINJA with the User before the expiry of the paid Subscription Period, LCC NINJA will refund the fee for the Service to the User in the amount proportional to the remaining, unused and paid Subscription Period, counted from the moment of expiry of the notice period of the contract for the provision of services. Services until the date on which the paid Subscription Period should apply.
- The User terminates the contract for the provision of the Service by sending an appropriate declaration of will to LCC NINJA to the e-mail address of LCC NINJA, with the termination of the contract taking place after the expiry of the notice period of 30 calendar days.
- LCC NINJA terminates the contract for the provision of the Service by sending the User an appropriate declaration of will to the e-mail address provided by the User during Registration, and the termination of the contract takes place after the expiry of the notice period of 30 calendar days.
- LCC NINJA has the right to terminate the contract for the provision of the Service with a given User without notice, in the event of the User’s delay in making payments for the Service lasting longer than 30 calendar days, due to LCC NINJA, in the event of violation of the Regulations by the User and in other cases provided for in the Regulations.
IX – Complaint procedure
- Complaints related to the operation of the Website, the provision of Services and questions regarding the use of the Website should be submitted to the e-mail address [email protected]. A complaint should include the details of the person filing the complaint (name, surname, address) and justification for the complaint.
- The complaint should include:
- User identification data, in particular: e-mail address to which registration was made
- optional – name, surname or business name, registered office address, contact telephone number;
- indication of the Service to which the complaint relates;
- detailed description and reason for the complaint;
- request indication.
- LCC Ninja will consider the complaint within 14 calendar days from the date of its receipt and will immediately inform the User via e-mail about the method of its consideration. If the information provided in the complaint requires supplementation, the time for considering the complaint may be extended.
- The condition for the User to make any claims against LCC NINJA is to exhaust the complaint procedure.
- In the case of a Dedicated Agreement, the response time to a complaint and its removal is specified in the appropriate annex to the agreement
XI – Final provisions
- The processing of personal data by LCC NINJA takes place on the principles set out in the Privacy Policy.
- The Regulations act as general terms and conditions of contracts within the meaning of the provisions of the Civil Code. The application of any general terms and conditions of contracts or commercial regulations of the User is excluded.
- The Regulations may be changed by LCC NINJA at any time, without the User’s prior consent. Information about changes to the Regulations will be sent to Users to the e-mail address provided during registration. The changes referred to in the preceding sentence will apply to the User from the date specified by LCC NINJA, which is no earlier than 14 days from the date of informing LCC NINJA about these changes. The User has the right to terminate the contract for the provision of the Service within 14 days from the date of receipt of information about changes to the Regulations. If the User does not terminate the contract for the provision of Services within the period specified in the preceding sentence, and if he does not use the Services at a given time – does not delete the account, this will be tantamount to accepting the changes to the Regulations and the contract for the provision of Services. In the event of termination of the Agreement due to a change in the Regulations, the Services will be provided based on the current wording of the Regulations until the end of the current subscription period. Subsequent orders may be placed only based on the amended wording of the Regulations.
- The User may not transfer the rights and obligations arising from the Agreement to a third party without the prior written consent of LCC NINJA.
- LCC NINJA may transfer all rights and obligations to other entities, at its own discretion, to which the User consents and is obliged to inform the User about it in a manner appropriate to amend the Regulations. The provisions of section 3 shall apply accordingly.
- If any provision of the Regulations is deemed invalid by a final court decision, the remaining provisions of the Regulations remain in force. Disputes between the User and LCC NINJA will first be resolved amicably, but if no agreement is reached, they will be resolved by the competent court.
- In matters not regulated in the Regulations, generally applicable provisions of Polish law shall apply.
- The content of these Regulations may be changed. Users will be informed about any change in the content of the Regulations by placing a message about the change in the Regulations and its scope on the main page of the Website, in the News tab, by LCC NINJA. LCC NINJA will ensure the publication of the above message on the Website for at least 14 consecutive calendar days from the moment of its first display, and will also inform Users who have a User Account about changes to the content of the Regulations by sending appropriate information to the e-mail address provided by the User during Registration.
- The Parties will try to resolve any disputes arising from these Regulations or the concluded contract for the provision of the Service amicably. If it is necessary to take the dispute to court, the court having jurisdiction over all matters related to the application of these Regulations or the concluded contract for the provision of the Service will be the court having jurisdiction over the registered office of LCC NINJA.
- The law applicable to resolving any disputes arising under these Regulations or the concluded contract for the provision of the Service is Polish law.
- The Regulations enter into force on November 1, 2023.