Version № 2 of 02.09.2019
Please, note! We recommend that you read and understand these Polygled Terms of Service in full before you register as a Polygled user. Polygled is a platform for pairing up language learners. Our mission is to provide consumers with the opportunity to communicate and learn languages in an accessible and affordable way, according to the principle: "Learn by communicating"!
1. BASIC DEFINITIONS
Polygled provides an online platform for communication and language learning, where chat partners, students and teachers (the terms are defined below) can cooperate with each other and use the services (collectively referred to as the "Services"). These services are available at www.polygled.com and on any other websites where Polygled makes them available (collectively, the "Site" or the "Services"), as well as in applications for mobile devices, tablets and other smart devices and application interfaces (collectively, the "Application").
If you use the Site, Application or Services, the Terms of Service are between you and ABRUE TRADING LIMITED (hereinafter referred to as "ABRUE", "Polygled", "we", "us" or "our"). Polygled will process any and all payments made through or in connection with the Site, Application or Services ("Payment Services"). The payment services provided by Polygled are subject to the Payment Terms ("Payment Terms").
"Content" means all Content that Polygled provides through the Site, Application, Services or related advertising campaigns and social media channels, including any Content licensed from a third party, but excluding Content from an intermediary.
"Chat Partner Account" means the Polygled account that you create when you register to become a Chat Partner and use the Services.
"Chat Partner" means an individual or a legal entity that registers for an Account.
"Chat Partner Content" means all Content that the Chat Partner publishes, uploads, presents, transmits or includes in the Chat Partner's profile or in the Polygled advertising campaign to make it available through the Site, App or Services.
"Services" means any connection or payment services that Polygled provides.
"Student" means a Chat Partner who purchases Educational Services.
"Tutor" means a Chat Partner who offers and provides Educational Services.
"Professional Tutor" means that the Tutor has specialized education, confirmed by certificates and/or diplomas, which are provided at the time of registration as a professional tutor.
"Amateur Tutor" means that a Tutor does not have, or has not provided, supporting documents confirming their professional linguistic education and can provide communication skills services for a fee in the target language of the Student.
"Educational Services" means all Services provided by Tutors, both professional and amateur. This includes paid lessons.
"User" means any of the following: (1) a person who is a Chat Partner or a Tutor using the Site or Application on their own behalf; (2) a person using the Site or Application on behalf of a Chat Partner or a Tutor who is a company or organization.
"Visitor" means a person who only visits the Site or Application, but is not a User.
2. HOW THE SITE, APPLICATION AND SERVICES WORK
2.1. The Site, Application, and Services may be used to provide an interactive meeting space where Chat Partners, including Students and Tutors, may cooperate with each other and use Connection Services and Payment Services to learn a language.
3. CONNECTION SERVICES
3.1. The site or Application is the place where:
- Users can upload information related to language learning.
- Chat Partners search for, communicate, select and interact with each other for language learning purposes.
- Students search for, communicate, select and engage tutors directly for language learning.
- Tutors advertise their abilities, respond to questions, connect and participate directly in providing their services to students.
- By providing Connection Services, Polygled provides students and teachers with just a space to find and engage with each other.
4. PAID SERVICES
4.1. Polygled grants Users or Visitors the right to use the Application for a fee unless otherwise provided in the Terms and Conditions.
4.2. The Site or Application is a platform for learners looking for online language lessons or other language learning services to contact Tutors wishing to provide online language lessons and other language learning services.
4.3. The Payment Services provide Students and Tutors with certain tools for collaboration, feedback, credit and payment, dispute resolution and other services (collectively, "Paid Services"). Payment for services does not refer to connection services.
4.4. By signing up for or using the Application, you agree to the Polygled Services Terms of Service at www.polygled.com/paymentterms.
4.5. Users pay by using the tools available on the Site. Payments made are not refundable. If in any circumstances (by law or contract) Polygled is obliged to refund the money, such refund will be made not later than sixty business days from the date of the corresponding request by the User. In this case, the refund shall be made on the same means of payment from which the payment was made. If necessary, Polygled may request that documents or other evidence be provided to prove the actual will of the User.
5. TERMS OF SERVICE
5.1. By signing up for or using our websites, services, mobile applications, developer platforms or other information provided through the Services, you agree to enter into a legally binding agreement with ABRUE. You also agree that the Terms govern your access to and use of the Services and any information that appears in the Services. Your access to and use of the Services is subject to your acceptance and compliance with the Terms. By accessing or using the Services, you agree to comply with the Terms.
5.2. We may, at our sole discretion, change or update the Terms from time to time, so we recommend that you periodically review this page. By accepting the Terms, each User undertakes to review possible changes to the Terms and Conditions and understands the risk of possible negative consequences associated with failure to comply with this obligation. The further use of the Service by the User after the introduction of changes in the Terms indicates the acceptance of the changes by the User and the intention to continue using the Service.
5.3. Your privacy and ability to control your data are very important to us. Any information you provide to us is governed by our Privacy Policy, which governs the collection and use of your information. By using the Services, you consent to the collection and use (as set out in the Privacy Policy) of this information, including the transfer of this information to the United States, Cyprus, the People's Republic of China, the Federal Republic of Germany and/or other countries for our storage, processing and use.
5.4. The User must read the Terms and Conditions in full before using the Application. Use of the Application means full and unconditional acceptance by the User of the Terms and Conditions (acceptance).
5.5. Acceptance is tantamount to signing a contract in accordance with the provisions of the Civil Code of the Russian Federation, business practices in the Russian Federation, or the norms of international agreements.
5.6. Acceptance of the Terms is carried out by means of specific actions aimed at the use of the Service.
5.7. By accepting the Terms, the User confirms that they act in good faith, voluntarily and reasonably within the limits of their legal capacity (competence), without any obstacles to the acceptance of the Terms, fully understanding the meaning and purpose of the Terms.
5.8. The use of the Service may be described on its respective web pages. When using the Service, the User undertakes to get acquainted with the information published on the web-pages of the Service concerning such use.
6. POSSESSION, LICENSE AND WARRANTY FOR THE INFORMATION YOU PROVIDE
6.1. You own the information you provide in accordance with the Terms and may request that it be deleted at any time, unless you have transferred the information or Content to others and they have not deleted it, or it has been copied or stored by other Users. Deleted Content may be backed up for a reasonable period of time, but will not be available to others.
6.2. In addition, you grant ABRUE a non-exclusive, non-callable, worldwide, perpetual, unrestricted, transferable, sublicensable, fully paid and gratuitous right to copy, create derivative works from, improve, distribute, publish, delete, store, add, process, supplement, comment, and analyze, use, and commercialize in any way that we know or may discover in the future any of the information that you provide to our applications, directly or indirectly, including, but not limited to any user content, ideas, concepts, methods or service information that you provide to the Services without any additional approval, notification or compensation to you or any third party. Any information that you provide to us is at risk of loss.
6.3. By submitting information to us, you represent and warrant that you have the right to submit the information and that this information is accurate, non-confidential and does not violate any contractual restrictions or other rights of third parties. You are responsible for the accuracy and relevance of the information in your account profile.
7. CUSTOMER SERVICE AND ACCOUNT SECURITY
7.1. To be eligible to use the Service, you must meet the following criteria and guarantee that:
7.1.1. You are at least 13 years old or have reached the equivalent minimum age for social applications or public forums in your country or region. If you are from Europe, you must be at least 16 years old.
7.1.2. You have read and agree to these Terms of Service and our Privacy Policy.
7.1.3. You agree to follow our Community Principles each time you use our applications.
If you are between the ages of 13 and 17 (or you are a minor in your country or region):
- We recommend that you talk to your parents or guardians about online privacy and security concerns when using any social media application, including our applications.
- You and your parents or guardians must read and agree to these Terms of Service before registering and using our applications. If you need help or have questions, please contact us at support@polygled.com.
7.1.4. If your account was previously suspended by any Polygled staff for violating our Terms of Service or our Community Policies, you may not continue using any of our Services.
7.1.5. You may not use our applications where it is prohibited by law, and you must comply with all local rules regarding online conduct and acceptable content. Our failure or delay in exercising or applying any right or provision of the Terms does not constitute a waiver of that right or provision.
7.1.6. If we disable your account, you will not be able to create another one without our permission;
7.1.7. By connecting to Polygled via a social media network (e.g. Facebook, Weibo, Google, VKontakte), you give us permission to access and use your information from these social media networks according to their respective permissions;
7.1.8. You use your real name and identity in your profile and you will not provide false personal information or create an account for anyone other than you without permission;
7.1.9. You will only maintain one Polygled account at any given time;
7.1.10. You have full authority and authority to accept, and this will not violate any other agreements to which you are a party;
7.1.11. You have no criminal record for sexual offenses;
7.1.12. You will not infringe any rights, including intellectual property rights such as copyrights or trademark rights;
7.1.13. Use of the Service is not contrary to the User's national laws.
7.2. By registering on the Site, the User warrants that we meet all of the above criteria. Non-compliance with at least one of these criteria may be the basis for disabling the User's account.
8. REGISTRATION AND CREDENTIALS
8.1. By signing up for our applications, you agree:
8.1.1. To keep your password safe and secure;
8.1.2. Not to allow others to use your account;
8.1.3. To refrain from using other Users' accounts;
8.1.4. To refrain from selling or otherwise transferring your account to another person or from any other activity that could compromise the security of your account;
8.1.5. To be responsible for any activity on your account until you close your account or prove that the security of your account was compromised through no fault of yours.
8.2. You can control your User profile and how you interact with the Service by changing the settings on our application profile page or by changing settings before posting messages. By providing us with your email address or phone number, you agree that we will use your email address or phone number to send you notifications related to the Services, including any legally required notifications instead of mailings. We may also use your email address or phone number to send you other communications, such as changes to the features of the Service or Service Notifications.
9. COMMUNITY GUIDELINES AND GENERAL PROHIBITIONS
9.1. We make every effort to ensure that Polygled is a safe place without illegal, misleading, malicious or discriminatory content and conversations.
9.2. Therefore, by using Polygled, you agree:
9.2.1. Not to use Polygled to promote any of the services and products you provide or sell on a commercial basis, especially tutoring services, unless they are covered by the Terms and Conditions;
9.2.2. Not to publish, upload, broadcast, display or transmit text, words, statements, conversations, graphics, images, software, music, audio, video, information or other materials that:
- Violate patent, copyright, trademark, trade secret, moral rights, other intellectual property rights or rights of publicity or confidentiality of third parties,
- Violate or encourage any conduct that would violate any applicable law or regulation or give rise to civil liability,
- Are fraudulent, false or misleading;
- Are offensive, obscene, pornographic, sexually explicit, vulgar or offensive, and contain partial or full nudity,
- Promote discrimination, bigotry, racism, hatred, persecution or harm to any person or group of people,
- Are violent or threatening or promote violence or actions that threaten any other person,
- Promote illegal or harmful activities or substances;
9.2.3. Not to use Polygled to commit illegal, misleading, malicious or discriminatory acts;
9.2.4. Not to bully, abuse, harass, persecute, humiliate, threaten or discriminate against any User;
9.2.5. Not to cause or intend to cause embarrassment or anxiety or to threaten, harass or violate the privacy of any User;
9.2.6. Not to request or offer sexually explicit materials and/or materials harmful to children;
9.2.7. Not to discuss illegal activities such as sale and use of illegal drugs or manufacturing explosives;
9.2.8. Not to request information to log in or access an account belonging to another User;
9.2.9. Not to intercept or monitor, damage or alter any communications that are not intended for you;
9.2.10. Not to send or publish unsolicited or objectionable commercial communications (such as spam) or any communications not permitted by applicable law in our applications;
9.2.11. Not to collect content or information about Users or attempt to access the Services by automatic means (such as robots, bots, robots, spiders or scrubbers) without our permission;
9.2.12. Not to engage in illegal multi-level marketing (such as a pyramid) on our Services,
9.2.13. Not to upload viruses or other malicious codes,
9.2.14. Not to do anything that would disable, overload or interfere with the proper operation of Polygled (e.g. denial of service attack);
9.2.15. Not to reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain source code for any underlying intellectual property used to provide the Services or any portion of the Services provided by Polygled;
9.2.16. Not to use or copy any information, content or any data that you view and/or receive from the Services to provide any services that are competitive at our sole discretion;
9.2.17. Not to adapt, modify or create derivative works based on Polygled, the underlying technology of the Services or any particular element on the Services, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained in the Services, without our written consent,
9.2.18. Not to attempt to investigate, scan or test the vulnerability of any of our systems or networks or to breach any security or authentication measures, and not to encourage violations of the Terms of Service.
9.2.19. Avoid conduct that could be considered illegal under international or national law, infringing public or private rights.
9.3. Polygled reserves the right to decide which conduct falls within these categories and will make reasonable efforts to deny access to Users who do not comply with the Terms. However, Polygled does not guarantee that you will not be connected with violators until they are banned. Please report violations by email to support@polygled.com.
9.4. You understand and agree that you may encounter User Content (as defined below) that is inaccurate, objectionable, inappropriate for children or otherwise unsuitable for your purposes, and agree that Polygled will not be liable for any damage that you suffer as a result of User Content.
10. CONTENT AND CONVERSATIONS
10.1. All content created or published by Users, including topics, profiles, video, audio or text chat and conversation content, as well as messages sent via our application's messaging feature ("Content"), is the sole responsibility of the person who created such Content, regardless of whether it has been published or privately transmitted. In particular, you are responsible for ensuring that your Content complies with community principles and complies with the general prohibitions set out in the Terms.
10.2. We reserve the right (but not the obligation) to decide whether any Content that you create or use complies with these Terms. We may, at our sole discretion, remove such Content and/or terminate the Terms and your User account if you post or use any Content that violates the Terms.
10.3. Any use of any Content or materials posted through the Services or obtained by you through the Services is at your own risk.
10.4. By using the Services, you agree that any Content you send may be transferred to the recipient of your message. The content of messages, especially video, audio or text chats, is the sole responsibility of the person from whom such content originates. We do not exclude the possibility that you may encounter content that is offensive, illegal, harmful to minors, obscene or otherwise objectionable. The content of messages may be protected by intellectual property rights that belong to third parties.
10.5. We do not endorse, provide or guarantee the completeness, truthfulness, accuracy or reliability of any Content or messages posted through our Services, nor do we endorse any opinions expressed through the Services. You agree that by using Polygled, you may encounter Content that may be offensive, harmful, inaccurate or otherwise inappropriate and, in some cases, misleading. In no event will Polygled be liable for any Content, including but not limited to any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Content posted on Polygled's resources, sent via email, video, audio or text chat, or otherwise available through the Services or broadcast elsewhere.
11. QUALITY OF SERVICES
11.1. While we strive to provide a high-quality communication platform, we cannot guarantee that the Services will always operate without interruption, delay or error.
11.2. A number of factors may affect the quality of your communications and use of the Services and may also result in the failure of your communications. We are not responsible for any failures, interruptions or delays caused by the failure or misuse of any of the Services.
11.3. The Parties acknowledge as a normal phenomenon a possible short-term loss of the Service and its individual modules, components, failure of the Service, as well as a possible loss of the User's access to the Service for reasons related to technical maintenance.
12. LEGAL RELATIONS BETWEEN TUTORS, CHAT PARTNERS AND POLYGLED
12.1. Polygled provides a technical platform for communication and booking text and video chat sessions between chat partners, students and teachers wishing to teach language for a fee ("Tutors"). Chat partners and tutors can find each other on Polygled and use the Services. Polygled does not participate in, and is not responsible for, the provision of educational services to students or for the business relationships that students and teachers may have with each other. Although all Tutors go through a multistage selection and review process, Polygled does not guarantee the quality, safety or legality of the educational services advertised by the Tutors, the validity or accuracy of the lists, the qualifications, experience or abilities of the tutors or students, the ability of the tutors to provide educational services, the ability of the students or the tutors to pay for the educational services or to actually complete the transaction.
12.2. Taxes, reporting, and legal obligations:
12.2.1. Each chat partner, student, and tutor is fully responsible for the payment of any income tax, VAT, payroll tax, salary withholding, sales and use tax, government reporting and other legal requirements under applicable law, including but not limited to those applicable to the purchase and sale of the Services from independent Providers.
12.3. Tutor Catalogue:
12.3.1. The Service contains a Tutor Catalogue. The Catalogue is filled in with information from third party sources, tutors and other chat partners. Polygled provides this directory for your convenience and does not endorse or verify the information it contains.
12.1. Polygled is not a party to the transactions concluded by the Tutors, is not responsible for the obligations of the Users, does not act as a mediator in the resolution of disputes between them, does not vouch for the proper quality of services of the Tutors.
13. SOCIAL MEDIA AND ONLINE SERVICES
13.1. As a User of our Services, you have the ability to provide us with access to your accounts on certain third party social networks and services, such as Facebook, Weibo, Google+ or Twitter ("SNS"), so that we can collect data and provide access to the Content of the Services that you have stored in your accounts with such SNS ("SNS Content").
13.2. By providing us with access to any such Content, you agree that we will be able to access it after you have verified the SNS Content which our applications access and have provided access to and saved (if applicable) such SNS Content for it to be available on the Services. We are not responsible for any SNS Content stored on your SNS that you choose to make available on the Services.
13.3. Depending on the SNS you choose and in accordance with the privacy settings that you have set up in your SNS accounts, the personal information that you publish in your SNS accounts will be available on the Services. Please note that if an SNS account becomes unavailable or SNS terminates our application's access to your SNS account(s), any SNS content from that SNS account will no longer be available on the Services. You have the option to disable the connection between the Services and your SNS accounts at any time by opening the Settings section of that SNS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT YOU PROVIDE TO SNS AND THE STORAGE OF SUCH CONTENT, APPLIES ONLY TO YOUR AGREEMENT (S) WITH SUCH SNS.
14. POLYGLED RIGHTS
14.1. All rights, ownership rights and interests in the Services (except for Content provided by Users) are and shall remain the exclusive property of Polygled and its licensors.
14.2. The Services are protected by copyright, trademark and other laws of Cyprus, the United States and other countries. Nothing in the Terms gives you the right to use any of our trademarks, logos, domain names and other brand features.
14.3. The Service is provided under a non-exclusive license, without the right to transfer it to third parties, for the duration of the actual validity of the User's account. The license for Visitors as well as individual Users may be granted in a limited form.
14.4. The License allows the User to reproduce (use) the Service without the right to copy it (transfer to third parties, distribution, publication, public use, etc.), as well as use the tools available on the Service for use. The Service may be used on other terms, not explicitly mentioned in the Agreement, but implied by the nature of such use and functions of the Service.
14.5. Use of the Content in any other way not covered by the Terms is not permitted.
15. NOTIFICATIONS AND SERVICE MESSAGES
15.1. You agree that we may communicate with you through your account or by other means, including email, push notifications or SMS/mobile messaging services. Please review your Settings to control what messages you receive from Polygled. You acknowledge and agree that we are not responsible for your failure to maintain accurate contact or other information, including your inability to receive critical information through the Services.
16. FEEDBACK
16.1. We welcome and encourage you to provide feedback, comments, and suggestions on the Services. By sending us ideas, suggestions, documents and/or comments ("Feedback") through its web pages with suggestions or feedback, you acknowledge and agree that:
16.1.1. Your Feedback does not contain confidential or private information;
16.1.2. We have no obligation of any kind with regard to confidentiality, either express or implied, regarding feedback;
16.1.3. We may use or disclose (or refrain from using or disclosing) such Feedback for any purpose, in any manner, in any media worldwide;
16.1.4. A Feedback-like service may already be under consideration or development;
16.1.5. You grant us unconditional rights to your feedback;
16.1.6. You will not be entitled to compensation of any kind from us under any circumstances.
17. NOTIFICATION AND DELETION
17.1. If we receive any notice that any material that you post, upload, edit, submit, post, share, broadcast and/or transmit on the Services ("User Submissions") is unacceptable, violates any rights of third parties or if for any reason we wish to remove your User Submission, we reserve the right to remove such User Submission for any reason immediately or at such other times as we may determine at our sole discretion. The User Submission will be without any acknowledgment in respect of liability and without affecting any rights, protections, all of which are expressly stated. You acknowledge and agree that Polygled is not obliged to postpone such User Submissions at any time.
17.2. If a User Submission violates, or if you believe that a User Submission violates, any of your rights (including intellectual property rights) or is illegal, please contact us immediately by using the feature in the application, or by sending an email to support@polygled.com.
18. TRADEMARK AND LOGO
18.1. "Polygled", "Gled", the Polygled logo and any other product or service name or slogan displayed on our Services are trademarks of ABRUE TRADING LIMITED and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without our prior consent (this may be written permission or permission from the respective trademark owner). You may not use any meta tags or any other "hidden text" using "Polygled" or any other name, trademark or product or service name of ABRUE without our prior written permission. In addition, the appearance of our Services, including all page headers, custom graphics, button icons, and scripts, is a service mark, trademark and/or logo of ABRUE and may not be copied, imitated or used in whole or in part without our prior written permission. All other trademarks, registered trademarks, product names, company names or logos mentioned in our Services are the property of their respective owners. Reference to any product, service, process or other information by trade name, trademark, manufacturer, supplier or another link to Polygled content does not imply or imply endorsement, sponsorship or recommendation by us.
19. BLOCKING AND DELETING AN ACCOUNT
19.1. We have the right to suspend or terminate your Account or terminate the Terms of Service at our sole discretion, without prior notice and without going to court, if you violate any of the Terms of Service or if we decide to discontinue operation by offering the Services to Users in your jurisdiction as a whole. We reserve the right to terminate your access to and use of the Services at any time, for any reason or without it.
19.2. If you breach the Terms of Service, you will be liable for all amounts due under the Terms to the extent that amounts are outstanding and payable by Polygled.
19.3. You may initiate the deletion of your account at any time by sending an email to support@polygled.com stating the reasons for the deletion.
20. GUARANTEES
20.1. You gain access to the Services or any Content and use them at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ABRUE AND ITS PARTNERS DISCLAIM GUARANTEES OF ANY KING, EITHER EXPRESSED OR IMPLIED, FIT FOR SPECIAL OR ILLEGAL PURPOSES. We provide no guarantee or liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content on them. We will not be liable for any damage to your computer system, loss of data or other damage resulting from your access to, use of or reliance on the Services or any Content. You also agree that we are not responsible for deleting or failing to store or transfer any Content or other communications supported by the Services. We do not guarantee that the Services will meet your requirements or operate without interruption, security or error. No advice or information, whether oral or written, received from the Services will create any guarantee not expressly stated herein.
21. LIMITATION OF LIABILITY
21.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABRUE WITH ITS DIVISIONS, AFFILIATES, OFFICERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, QUALITATIVE LOSSES AND DAMAGES, AS WELL AS - WITHOUT LIMITATION - LOSS OF PROFIT, DATA, USE, BUSINESS REPUTATION OR OTHER INTANGIBLE LOSSES AS A RESULT OF:
- YOUR ACCESS, USE OR RESTRICTION OF ACCESS TO THE SERVICES;
- ANY CONDUCT OR INVOLVEMENT OF ANY THIRD PARTY IN THE SERVICE, INCLUDING - WITHOUT LIMITATION - ANY DEFAMATORY INFORMATION, VIOLATIONS OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- RECEIVING ANY CONTENT FROM THE SERVICE;
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR MESSAGES OR ANY OTHER CONTENT BASED ON WARRANTY, CONTRACT, BREACH OF RULES (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ABRUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- SOME COUNTRIES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU. IF THE ABOVE LIMITATIONS ARE NOT ACCEPTABLE, YOU CONFIRM THAT OUR COMPENSATION TO YOU UNDER THESE CONDITIONS SHALL NOT EXCEED THE TOTAL AMOUNT OF MONEY YOU HAVE PROVIDED TO YOUR PLATFORM USER ACCOUNT.
21.2. If any third party files a claim against us in connection with:
- your breach of the Terms or arising out of it,
- your violation of any applicable law of regulation,
- (iii) your infringement of any third-party rights (including intellectual property rights),
- (iv) your User Materials,
- (v) your complaint about any User Submission,
- you will indemnify and secure us from and against all losses, liabilities, costs, and expenses (including reasonable legal fees) associated with such requests.
21.3. Polygled's liability (actual recoverable damage) is, in any case, limited to the amount of the last payment received from the User. Lost profits are not refundable.
21.4. Polygled is not liable for:
- the occurrence of negative consequences if the User provides false information;
- loss of access to the Service by the User, if such loss or break-in was caused by the User's actions or inaction;
- any illegal actions of third parties, except in cases when such persons are involved by Polygled to fulfill obligations.
21.5. Polygled shall not be liable if the User has provided false information about himself or herself or his or her status, or if this has resulted in the non-fulfillment or improper fulfillment of the Terms by Polygled.
21.6. Polygled shall not be liable for interruptions in access to the Service caused by the replacement of equipment or other work required to maintain the functionality and development of the Service, provided that the User is notified within a reasonable period of time in advance.
21.7. The User bears the risk of negative legal consequences related to the lack of due diligence when concluding transactions with Users. In particular, when entering into transactions with other Users, the User is obliged to check whether they have the necessary licenses, permits, legal capacity and ability to enter into transactions, etc.
22. CANCELLATION AND SEPARATION
22.1. Our failure to exercise any right or provision of the Terms will not be deemed a waiver of that right or provision.
22.2. If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction or arbitrator, the invalid provision will be amended and made enforceable and effective to the fullest extent possible to effect the intent of the provision; and if the amended provision is found illegal, invalid or unenforceable by a court or arbitrator, the validity, legality, and enforceability of the remaining provisions of the Terms will not be affected in any way.
23. FULL CONSENT
23.1. The Terms and our Privacy Policy are the entire and exclusive agreement between ABRUE and you regarding the Services (except for any services for which you have a separate agreement with ABRUE that expressly supplements or replaces the Terms) and these Terms supersede any prior agreements between Polygled and you regarding the Services.
23.2. We may revise the Terms from time to time and the most current version will always be available at: https://polygled.com/termsofservice If a revision is substantial at our sole discretion, we will notify you at the email address associated with your account. By continuing to access or use the Services after these changes take effect, you agree to comply with the revised Terms.
24. DISPUTE RESOLUTION
24.1. The terms or any claim, cause of action or dispute ("Claims") arising out of or related to the Terms shall be governed by the laws of Cyprus, regardless of your country of origin or place of access to the Service, notwithstanding any conflict of laws principles and the United Nations Convention on the International Sale of Goods.
24.2. You and ABRUE agree that all claims arising out of or relating to the Terms shall be resolved exclusively by a court located in the Republic of Cyprus unless the parties agree otherwise. Notwithstanding the foregoing, you agree that in any jurisdiction Polygled will still be permitted to apply for relief (or an equivalent type of urgent legal aid).
25. OTHER
25.1. You agree to the use of electronic means of communication to enter into contracts, place orders and create other records and to electronically deliver notices, policies and changes thereto and records of transactions with us.
26. CONDITIONS OF THE GLED LOYALTY PROGRAM GENERAL PROVISIONS
26.1. The terms and conditions of the Gled Loyalty Program (hereinafter referred to as the Loyalty Program), developed for the Users serviced within the Program, determine the procedure of interaction between the Service (Loyalty Program Operator) and the Loyalty Program Participants. The Loyalty Program is not a lottery. The Gled Loyalty Program terms and conditions are the Appendix to the Loyalty Program Terms and Conditions and are an integral part of the Agreement.
26.2. Additional terminology and definitions
26.3. The terminology used in the Gled Loyalty Program Terms and Conditions shall have the same meaning as the terminology used in the Polygled Terms and Conditions of Service for participants of the Polygled Integrated User Service Program, except for the terminology specified below. The notions below will have the following meaning with respect to the Gled Loyalty Program Terms:
Bonus Account - a Gled account for the User.
Priority Actions - a set of actions for which a Participant receives a higher Gled amount.
Prize Gled - Gled, awarded to Participants in prize events and other similar promotions.
Loyalty Program - has the meaning specified in the preamble of the Terms and Conditions.
Gled - an invented concept (marketing name, a symbolic unit used only for accounting purposes) used for the purposes of the Loyalty Program, including the concepts of "Standard Gled" and "Prize Gled". Gled is not and cannot be a monetary unit, a means of payment (payment method), any kind of currency and/or security, nor can it be cashed or presented in any way to third parties, including by inheritance. The Participant may only use the awarded Gled to obtain additional functionality unless otherwise specified in the Appendix to the Terms and Conditions or in the terms of the promotion conducted by the performer (hereinafter referred to as the "Provider"). Gled accounting is maintained by the Provider in electronic form by reflecting the information in the Appendix for the User. The Participant has the right to request information from the Provider on the number of Gled awarded to them through the Application for the User. In case of termination of the Contract between the Program Operator and the Participant, the awarded but not used up Gled shall burn down and shall not be subject to compensation to the Participant in cash or in any other form.
Standard Gled - all Gled that are not recognized as Prize Gled. Standard Gled are awarded to the Participant by the Provider in accordance with the terms and conditions of promotions held as part of the Loyalty Program. Participant / Loyalty Program Participant - Participant of the Program serviced on the Service.
27. THE PROCEDURE OF PARTICIPATION IN THE LOYALTY PROGRAM AND THE GLED ACCUMULATION SYSTEM
27.1. The User automatically becomes the Participant of the Loyalty Program after the conclusion of the Contract with the Provider.
27.2. When the Participant performs the priority actions of the service the Provider awards Standard Gled to the Participant in accordance with the Conditions. When calculating the number of Standard Gled to be added, the received value shall be rounded to the hundredths (two decimal places), rounding shall be done downwards.
27.3. The Provider shall calculate the Standard Gled values starting from the day of performing the priority actions after the terms of the Loyalty Program come into effect.
27.4. The Provider may, at their own discretion, carry out incentive activities aimed at increasing the attractiveness of the services provided by the Provider and improving the quality of service, within the framework of which additional Gled may be awarded to the Participants. The procedure of awarding Gled, in this case, is determined by the rules of the relevant incentive event, posted by the Provider on the Website.
27.5. The User shall be entitled to request the following information on Gled using the Application for the User:
- information on the use of Gled in a certain period of time;
- current Gled balance.
27.6. The Provider shall provide the Participant with the above information specified in electronic form. This information is not recognized as a security, it is not a document confirming the right, but is provided to the Participant solely for information purposes.
27.7. The Provider and the Participant shall use the Application for the User in accordance with the Agreement for interaction on the Loyalty Program issues.
27.8. The maximum number of Gled that may be realized by the Participant may not exceed 3000 Gled per calendar year unless otherwise stipulated by the Terms and Conditions and the terms and conditions of the promotions held under the Program.
28. GLED REALIZATION PROCEDURE
28.1. Gled shall be realized in accordance with this section of the Terms and Conditions unless otherwise provided by the Agreement. Gled shall be compensated by the Provider at their own expense.
28.2. The User shall form a request for additional functionality at the expense of Gled. Other ways of realization of the awarded Gled by the Participant shall be determined in accordance with the Conditions, appendices to them or terms of promotions held within the Program.
28.3. After Gled realization, their subsequent restoration is impossible (including in case of exchange/return of additional functionality).
28.4. During the term of the Contract, the awarded Gled do not expire, and no interest shall be paid on the Gled.
28.5. The Participant shall not be entitled to demand from the Provider the exchange of Gled for cash or payment by Gled for any purchases not covered by the Terms and Conditions or the terms and conditions of promotions held by the Provider.
28.6. The amount of additional functionality shall be equal to the amount of Gled traded, except in cases of rounding specified in clause IV.3 of the Terms and Conditions. The Participant may not use Gled to pay for only a part of the additional functionality amount.
28.7. When Gled is realized by the Participant, the Service shall, in accordance with its internal documents, establish the principle of priority of Gled realization, according to which it is determined whether Standard Gled or Prize Gled are realized by the Participant within a specific period of time.
29. TERMINATION OF PARTICIPATION IN THE LOYALTY PROGRAM
29.1. The Participant is excluded from the Loyalty Program in cases stipulated by the Conditions, as well as in case of termination of the contract concluded with the Service.
29.2. On the date of the Participant's exclusion from the Loyalty Program, the amount of Gled accumulated by the Participant is nullified.
30. OTHER CONDITIONS
30.1. The Provider has the right to notify the Participant of the forthcoming early termination of the Loyalty Program by one of the following methods:
by placing the Loyalty Program in a new version of the Application for the User and the date of receipt of the notification is the date of acceptance by the Participant of the relevant changes to the Loyalty Program, determined in accordance with the conditions set forth in the Loyalty Program;
and/or
by posting a new version on the Site, and the date of receipt of the notification by the Participant is considered to be the 3rd (third) calendar day from the date of posting the relevant information on the Site;
and/or
by sending a notification to the e-mail address of the Participant, previously specified by him/her to the Provider, and the date of receipt of the notification by the Participant is considered the next day from the moment the Provider sends the relevant information to the Participant by e-mail;
and/or
by placing a notification in the Application for the User, and the date of receipt of the notification by the Participant is the next day from the moment of placing the relevant information in the Application for the User by the Provider.
30.2. The Provider has the right to choose the method of notifying the Participant about the forthcoming termination of the Loyalty Program at their own discretion. In case of simultaneous notification of the Participant by the Provider in several different ways, the date of receipt of the corresponding notification by the Participant is considered to be the date that has come before the rest, determined in accordance with the conditions set forth in this paragraph.
30.3. After the expiration of the Loyalty Program, the unrealized Gled will be nullified, in this case, the Participant will not be entitled to demand compensation from the Contractor for the unrealized Gled.
30.4. The Provider reserves the right to cancel (deem ineffective and unreceived) the Gled previously awarded to the Participant, to refuse to award Gled to the Participant for certain actions taken by the Participant if any fraudulent elements are detected in the Participant's actions and/or if the Participant violates the Terms and Conditions and/or abuses the rights granted by the Terms and Conditions, the Contract and/or the marketing campaign, including, but not limited to, the following cases:
- The Participant does not observe, violates the Terms and Conditions and / or the terms of any of the marketing campaigns conducted by the Provider, under which the Participant may be awarded Gled.
- The Participant has committed or intends to commit actions considered by the Contractor to be fraudulent, deceptive and/or other manipulations that have caused or could cause material/moral and other damage, reputational risks and other harmful consequences of various types and degrees for the Provider, Participants, as well as other people.
- The Participant took part in a marketing campaign of the Provider, under the terms of which the Participant must bring (invite) a new Participant, and subsequently the Provider revealed that the new (invited) Participant was brought (invited) by the Participant by means of any deception, provision of false information, transfer and/or promise in the future remuneration to the new Participant, and/or
- if the Participant has invited more than five new Participants, a third (or more) of whom have made less than two transactions with the Card during the first month after the activation (first replenishment) of the Card. In this case, Gled will be written off in an amount equal to the number of all Gled awarded to the Participant for the invitation of new Participants, starting from the moment when the Participant has invited the first new Participant who meets the above criteria.
30.5. The Provider is not responsible for the performance of obligations by third parties (except for third parties engaged by the Provider).
30.6. The Participants are responsible for/resolve independently the issues related to payment of fines/fees and other penalties related to the fulfillment of agreements (including the Conditions) between the Participant and the Partners in their favor in accordance with the terms of such agreements.
30.7. Conditions of all marketing campaigns conducted by the Provider within the framework of the Program are an integral part of the Conditions. At the same time, the procedure of coming into force and termination of any marketing campaign is regulated by the terms of these campaigns, which are posted on the Website.
30.8. The Provider has the right to unilaterally make changes to the Loyalty Program. Thus the changes introduced by the Provider into the Loyalty Program are considered an integral part of the Agreement and have legal force for the Participant from the moment of their acceptance by the latter. Acceptance by the Participant of the changes made by the Provider to the Loyalty Program shall be deemed the failure of the Participant to submit an application for termination of the Contract in a free form by means of the Application for the User within 30 (thirty) calendar days from the date of publication on the Site of a new version (changes, etc.) of the Loyalty Program and (or) performing during the above period any actions in the Application for the User (including addressing the support chat), except for the Participant's application for termination of the Contract (depending on what comes first). The application for termination of the Contract is considered to be accepted by the Provider on the business day following the day of signing the application for termination of the Contract by means of the Application for the User. The Agreement shall be deemed terminated on the day of acceptance by the Provider of the application for termination of the Agreement. Prior to the date of termination of the Contract, the Participant shall be obliged to fulfill their obligations under the Contract.
31. FINAL PROVISIONS
31.1. The Terms and Conditions for the User come into force upon acceptance by the User.
31.2. If the User does not agree with the Terms or with any changes made in the future by Polygled, the User undertakes to stop using the Application.
31.3. The rights and obligations of the Parties shall always be governed by the revised Agreement unless otherwise provided by the nature of the legal relationship. The new version of the Agreement applies to the previously valid legal relations between Polygled and the User.
32. POLYGLED INFORMATION
32.1. Name: ABRUE TRADING LIMITED.
32.2. Address: Kennedy 12, Kennedy Business Centre, 2nd floor, 1087, Nicosia, Cyprus
32.3. Contacts: support@polygled.com