GENERAL TERMS AND CONDITIONS OF THE SERVICE USER AGREEMENT (GTC)

Sugarbaby.pl is a dating and networking service (the ‘Service’), which is accessible online
to sugarbaby.pl members. By using the Services, Members can access the data sheets of
other registered Members. The Service is provided by LUX Style, Siedliska 119e, 59-222
Miłkowice, Poland (registered under company registration number NIP: 6911764136,
REGON: 363072432 in POLAND). Some of the services that make up the Services are free
of charge to Members; other services are only accessible to Premium Members for a fee.
Our Service is accessible only to Members. Prior to becoming a Member by completing
registration, please read through carefully these contractual terms and conditions, as these
will form the legal basis of the contractual agreement between us. If you accept these
General Terms and Conditions, please tick the box at the bottom of your registration sheet,
which stands for the following: ‚By continuing you agree to SugarBaby Terms and Privacy
Policy. Promoting illegal commercial activities (such as prostitution) is prohibited.’ By
ticking the box you will be bound by the following contractual terms and conditions,
therefore if you don’t agree with them, please don’t register as a Member. Upon receiving
your registration, we will send prompt confirmation to your designated e-mail address,
which amounts to your acceptance of the offer.
Hereunder you can read your written Service User Agreement with the Service Provider of
sugarbaby.pl: LUX Style. In order to register as a Member and start using the Service, you
must first agree to these General Terms and Conditions, which are binding to you.
1./ Definition's
For the purposes of these General Terms and Conditions, the following terms shall carry the
following meaning – unless the context demands otherwise:
1.1./ ‘Agreement’ or ‘Contract’: The Agreement which is executed between you and us
about using the Service and which sets out the provisions of the present Terms and
Conditions.
1.2./ ‘Intellectual Property Rights’: any patent, right to a database, copyright, design patent
(whether registered or not), trademark (whether registered or not), trade name and any
similar intellectual or industrial property right protection, wherever it exists in the world,
together with any entitlements relating to their protection.
1.3./ ‘Member’: any individual whose membership we have accepted, and who currently has
a membership status, including both Members who do not hold a valid subscription, as well
as Members who have a Premium subscription.
1.4/ ‘Premium Member’: Those Members who have Premium subscriptions qualify as
Premium Members.
1.5./ ‘Disclose’: to show, put on display, send, disseminate, broadcast, make accessible and/
or disclose any information, data and/or any other material relating to the Service. The terms
‘disclosed’ and ‘disclosure’ shall be interpreted accordingly.
1.6./ ‘Data Sheet’: the sheet containing personal data, photos and/or information about you.
1.7./ ‘Service’: the service which we provide to you on the website, in case of subscriptions
– including the Premium Service and not limited to – web-browsing, contacting other
Members via the website, and/or other Members making contact with you, and also you
disclosing information on the website.
1.8./ ‘User’: anyone browsing the website.
1.9./ ‘We’: means sugardate.eu as well as the Service Provider LUX Style. (may be
contacted at the above address).
1.10./ ‘Website’: Our website is available at the URL www.sugarbaby.pl
1.11./ ‘You': the individual whose application for membership under the Service has been
accepted by us.
2./ Sign-in and Registration
By accepting these General Terms and Conditions, you state and warrant the following:
2.1./ You are registering on the Website and are using the Service voluntarily, free of all
influence, and based on your own decision.
2.2./ You were at least 18 years old at the time of registration.
2.3./ You have not been convicted of any crimes against the right to human dignity or other
fundamental rights, the freedom of sexuality, intellectual property, or any sexual offences,
and no such charges have been filed against you by a public prosecutor.
3./ Basic Provisions
3.1./ This agreement offer, if accepted by you, will become a valid and effective Contract
between you and us.
3.2./ The terms and conditions set out hereunder (which are subject to change from time to
time) exclude the existence of any other agreement or other contractual terms and
conditions between us, and you also acknowledge being bound by the present contractual
terms and conditions (including any amendments we might make from time to time).
3.3./ The present Contractual Terms and Conditions (as they may be amended by us from
time to time) shall supersede and override all other contractual terms and conditions we may
have previously communicated to you.
3.4./ We reserve the right to amend these Contractual Terms and Conditions at any time. In
case any modification is made to the present Terms and Conditions, we will announce the
new terms and conditions without delay after the change is made. You will find it under the
Website under the point „Terms”, and at the same time we will inform you also by e-mail or
by posting a corresponding notification on the website.
3.5./ By continuing to use the Service after publication of the amended Terms and
Conditions on the Website, you will be deemed to have accepted the amended terms, and so
the amended Agreement will be binding to you. If you do not agree with the amended
contractual terms and conditions, you have the right to terminate this Agreement at any
time:
3.5.1./ in case of a Membership not qualifying as a Premium Membership, according to the
provisions of point 8.1.1;
3.5.2./ in case of Premium Membership, according to the provisions of point 8.2.1 .
3.6./ You vouch not to trust any statement and/or guarantee that is made not in accordance
with the present Contractual Terms and Conditions.
3.7./ We reserve our right to inspect and to remove any information, photo and/or any other
material which you had uploaded, if doing so is necessary due to reasons defined in this
Agreement.
3.8./ We reserve the right to refuse membership registration requests and to terminate
existing memberships.
3.9./ We reserve the right to make such changes to the Service as may be required by
legislative changes or applicable security protocols from time to time, on condition such do
not have a fundamentally detrimental effect on the quality of the Service.
3.10./ The Service and the Website are meant for the exclusive private use of Members, all
of whom are natural persons, and any business use is prohibited. Corporations,
unincorporated companies and other partnerships cannot become Members and they cannot
use the Service or the Website for any purpose whatsoever. In the same way, Members
cannot use the Service for commercial, advertising or other business purposes, nor can they
disclose to third parties for similar purposes any data that have come to their knowledge in
connection with using the Service. Using the Service or the Website in violation of the terms
of the Agreement, in an unlawful or unauthorised manner – including collecting the
usernames and/or e-mail addresses of Members by electronic or other means, sending
unsolicited e-mail messages for the purposes of unlawful framing or adding links to the
Website - shall warrant having the incident investigated, terminating the Agreement with
immediate effect without recourse to any refunds and taking necessary legal action,
including but not limited to bringing proceedings outside a civil and criminal court or
bringing proceedings before a court of law.
3.11./ According to the provisions of this Agreement, Members are liable for any
information disclosed by them. Disclosing false and unlawful information shall warrant the
termination of this Agreement with immediate effect and the exclusion of the Member.
Having said that, please note that we provide limiting monitor of either quality,
compatibility or the safety of Members, or the truthfulness, accuracy or entirety of any
content disclosed on the Website. As we do not always review every content disclosed on
the Website, you are entering into this Agreement in the knowledge that information relating
to other Members can turn out to be inaccurate or misleading despite the prohibitions set out
in the present Contractual Terms and Conditions.
3.12./ Using the Website to request, undertake, or offer intercourse or any other indecent
acts (suitable for or aimed at rousing, maintaining, or satisfying sexual desires) – for
financial gain or for any other purposes – and for any such actions is prohibited.
4./ Fees and Payment
4.1./ Certain Service features are accessible only for a fee payment by so-called Premium
Members (Premium Services).
4.2./ Premium Services and related subscription fees as may be applicable at any time are
defined under the “Payments” menu. Subscription fees may be subject to change from time
to time. Any increase in subscription fees will be announced on the “Payments” page, and
will be effective from the date of announcement. These General Terms and Conditions are
applicable to ordering and using Premium Services.
4.3./ Our prices are inclusive of the VAT. We do not accept liability for fees stated
incorrectly due to an error.
4.4./ You will have to pay every fee item in full that is due and payable under the
Agreement, by selecting one of the payment methods offered on the Website.
4.5./ You are not entitled to a refund for Service outages or the Service going offline due to
technical problems beyond our control.
4.6./ Hibernations of the data sheet do not affect the subscription contract, the renewal of the
subscription (its time and manner), and the expiry of the subscription package.
5./ Automatic Renewal
5.1./ Members who pay for our Premium Services are classed as Premium Members. In the
absence of a cancellation, Premium Subscriptions are automatically renewed on the last day
of the current subscription period if the subscription was paid with a bank card. Applicable
fees are determined with the same method of payment in mind that you had used for the
initial transaction. If you took out your subscription under a Special Offer at a reduced
subscription fee, then your Premium Service will be automatically renewed at the basic
tariff rate. For the basic tariff rate visit the Website’s Subscriptions menu. The above process
continues until you cancel automatic renewal. You can cancel the automatic renewal of your
Premium Service at any time at least 1 day before the next renewal. To do so, visit your
subscription status in the Payment menu.
5.2/ The tariff rate of automatically renewed subscriptions is the same as the originally fixed
subscription fee (irrespective of the actual rate shown under Subscriptions going up or down
since that time), except if your initial subscription was taken out based on a Special Offer. In
this case the new fee will be billed to you based on the current basic rate shown on the page.
5.3./ The subscription fee will be collected from the credit card you used for the original
legal transaction.
5.4./ Automatic renewal lasts until either party decides to cancel it.
6./ Obligations of the Member.
1. 6.1./ The Member may only use the Website in accordance with the principles of good
faith and fairness and according to the Website’s purpose. Therefore:
6.1.1./ Our Members may exercise their freedom of expression only insofar as it does not
violate the rights of other people.
6.1.2./ The Members’ Data Sheet must not show personal details, such as their full name,
phone number, house address and/or e-mail address and URL, or any other information
based on which they can be directly contacted.
6.1.3./ Members must not transmit and/or publish information, images or any other material
that is in breach of any laws, regulations, decrees or violates the rights of any third person
(including, among other things, intellectual property rights and personal rights, and so
particularly the right of an individual to their name and facial image, as well as to human
dignity, good reputation, and the right to have laws protecting minors respected). At the time
of registration, Members may upload a picture of themselves, which is of acceptable quality,
and which has not been edited using image enhancing effects. Photos must not include any
inscriptions giving away personal details (e.g. phone number, e-mail address, URL
promoting other sites, etc.). Members declare that any persons or their legal representatives
have granted consent for pictures on which they are included to be uploaded during the term
of the membership.
6.1.4./ Members must not use the Service, either openly or covertly, to advertise another
website, service and/or business undertaking, including among other things showing private
e-mail addresses, URLs and/or other private phone numbers on their Data Sheet, and
especially must not offer or advertise services of a sexual nature.
6.1.5./ Members must not, either openly or covertly, recruit new customers among other
Members, must not sell or buy products and/or services through their use of the Service.
6.1.6./ Members must not in any way whatsoever misuse the Service or any other
information which came to their attention via the Service.
6.1.7./ Members must not attempt to gain unauthorised access to any information held on
any platforms belonging to the Service, or to any networks facilitating the provision of the
Service.
6.1.8./ Members must not in any way disclose and/or make a copy of information or
material constituting an intellectual product the property rights of which belong to another
person, unless they have obtained the prior consent of the proprietor of such rights.
6.1.9./ Members must not make a copy either partially or in whole of any information or
data found on the Website (including but not limited to information found on the Data
Sheets of other Members) for any purpose other than those set out in this Agreement.
6.1.10./ Members must not send chain mails, spam or junk e-mails to other Members.
6.1.11./ Members must in no way transfer, assign or share their user rights and/or must not
authorise any third persons to use the Service on their behalf.
6.1.12./ Members must not transmit and/or publish and/or e-mail to other Members any
information, images and/or such other material that is pornographic, racist, abusive,
libellous, harassing, against good taste, threatening, slanderous and/or obscene in nature.
Members state and warrant in full awareness of their liability under criminal law that they
will not engage in any crimes prohibited by the Criminal Code.
6.1.13./ Members must not transmit and/or publish and/or e-mail to other Members any
information, images and/or such other material capable of offending the political and/or
religious beliefs of other Members, and the ownership, publication and transmission of
which is prohibited by law.
6.1.14./ Members must not upload to the Service platform any material containing viruses or
subject to copyright.
6.1.15./ Members must not attempt to capture the e-mails of other Members.
6.1.16./ Members must not use any devices, software or programs which attempt to interfere
with the intended usage of the Website.
6.1.17./ A Member must not complete multiple registrations in order to avoid Users being
misled.
6.2./ If you violate any of the above rules, we may block your account - without prejudice to
the application of the provisions of Chapter 8 -, automatically remove the messages or
content in question, partially or fully prevent you from displaying your Data Sheet, and/or
block your access to the Service, exclude you from the Service partially or completely,
temporarily or permanently without paying you any compensation or refunds of any kind,
not excluding the possibility of imposing on you further consequences under criminal and/or
civil law.
7./ Your Data Sheet
7.1./ You are aware that other Users may display your Data Sheet. You accept that the
pictures uploaded to your Data Sheet are accessible via newsletters (point 14.4) just as they
are freely accessible to all visitors of the website.
7.2./ If you disclose and/or otherwise reveal to someone confidential or sensitive
information about yourself, you do so solely at your own risk.
7.3./ You may also display the Data Sheet and personal details of other Members.
7.4./ You specifically warrant that any and all information you might disclose:
7.4.1./ is authentic, true, complete and not misleading, furthermore
7.4.2./ you promise to regularly update the former to ensure that it stays authentic, true,
complete and not misleading from the point of view of other Members, even if there is a
significant change in your situation.
7.5./ We reserve the right to inspect your Data Sheet from time to time, to amend and/or
erase it, should there be a need for such amendment/erasure pursuant to the provisions of
this Agreement.
7.6./ You shall assume sole liability for the content of your Data Sheet which you make
public in connection with using the Service and forward to other Members.
7.7./ Pursuant to Section 7.6 you are aware that Members are alone liable for the content of
any information they disclose. Members are responsible for ensuring that the data they
provide are truthful and relate to their own person. The deliberate and/or fraudulent
communication of false information may evoke legal sanctions, and could lead to the
termination of the Agreement with immediate effect. Premium Members remain obligated to
pay any unpaid fees in such cases for the services they use, and they shall not be authorised
to request refunds.
8./ Termination of Membership and/or Premium Membership
8.1./ Ordinary termination
8.1.1./ Termination of membership by notice:
Members who do not qualify as Premium Members may terminate their membership with
immediate effect at any time and for any reason, by selecting the link “Deactivate Account”
in the Settings menu. Such Membership can likewise be terminated by us at any time,
without having to give a reason and with immediate effect. Termination carried out in
accordance with this Section evokes the legal consequences set out in Section 9.1, and is
applicable only if you do not qualify as a Premium Member, or if your Premium
Membership ceases upon termination.
8.1.2./ Ordinary termination of Premium Membership:
8.1.2.1./ You can terminate your Premium Membership for any reason, by cancelling
automatic renewal (in accordance with the provisions of Section 5.1, at least 1 day before
the next renewal date, by the end of the current subscription period). To terminate your
Premium Membership by ordinary notice click the link under Subscription on the Payment
status page. Your Premium Membership can likewise be terminated by us at any time by the
end of the current subscription period, of which we will notify you in writing.
8.1.2.2./ Ordinary termination of Premium Membership will lead to the termination of the
Member’s subscription to Premium Services only, the legal consequences of which are
governed by the provisions of Section 9.2. Should you wish to terminate your entire
Membership by the same accord, you can do so after having terminated your Premium
Membership, after the end of the current subscription period, in accordance with the
provisions of Section 8.1.1.
8.2./ Extraordinary termination
The following cases of extraordinary termination are applicable exclusively to the legal
status of Premium Members.
8.2.1./ The right of Premium Members to extraordinary termination
8.2.1.1./ If you qualify as a Premium Member, then you may terminate your Premium
Membership by sending us email with explanation at support@sugarbaby.pl. if:
8.2.1.1.1./ you do not agree to the contractual terms and conditions as amended and
announced by us on the Website – provided that you have not yet used the Service in
accordance with such amended contractual terms and conditions, or
8.2.1.1.2./ we have failed to provide you the Service for a minimum of 3 days due to causes
within our control.
8.2.1.2./ In case you decide to use extraordinary termination, your Premium Membership
shall cease with immediate effect. Any fees you have paid in advance – i.e. fees already
debited to you – in reference to a subscription period that you are not going to make use of
due to extraordinary termination will be refunded to you, and we shall bear any expenses
incurred in connection with such a refunding of fees, if any.
8.2.1.3./ The legal consequences of the extraordinary termination of your Premium
Membership as requested by you in accordance with Section 8.2.1 will be limited to those
set out in Section 9.2. Should you wish to terminate your entire Membership by the same
accord, you can do so after having terminated your Premium Membership by extraordinary
termination, in accordance with the provisions of Section 8.1.1.
8.2.2./ The right of the Service Provider to extraordinary termination
8.2.2.1./ If
8.2.2.1.1./ as a Premium Member you fail to meet any of your payment due dates, we may
terminate your Premium Membership with immediate effect (by evoking the legal
consequences set out in Section 9.2). Having your membership terminated under this clause
will not make you exempt from payment of any fees which are due and payable at the time.
8.2.2.2./ If
8.2.2.2.1/ you violate the terms and conditions of this Agreement or the provisions of any
applicable laws, whether your breach of contract or violation of law is a singular or
recurring breach; or
8.2.2.2.2./ you fail to provide enough information within 3 days of your receipt of our
notification requesting additional information so we can verify the authenticity and/or
validity of any piece of information that you disclosed, or you fail to remove any
information violating our rights or the rights of other people, then we reserve the right to
exercise any of our rights set out in Section 8.2.2.3 without any further notice, obligation on
our part and without having to provide you with any other option for remedy.
8.2.2.3./ Should any of the scenarios outlined in Sections 8.2.2.1.3 and 8.2.2.2 take place in
relation to you, then we shall be entitled to:
8.2.2.3.1./ terminate your Membership with immediate effect, meaning this Agreement and
your registration, and to erase all personal information we hold about you from our systems;
8.2.2.3.2./ suspend and/or terminate with immediate effect without prior warning your
access to the Service, and to erase content previously uploaded by you and/or
8.2.2.3.3./ declare any and all of your future payments immediately due and payable, giving
us the right to collect such payments, as the case may be,
8.2.2.3.4./ without prejudice to exempting us from having to repay any monies to you.
8.2.2.3.5./ Extraordinary termination evoked in relation to Premium Members in accordance
with Section 8.2.2.3 leads to the termination also of their Membership with immediate effect
(and the legal consequences as per Section 9.1 take effect).
8.3./ Procedure for the erasure of your personal data
8.3.1./ In accordance with Section 14.9 you may at any time ask us to delete any personal
data we hold about you from our systems. If:
8.3.1.1./ you are not a Premium Member, then your request of termination with immediate
effect, which you have a right to initiate at any time in accordance with Section 8.1.1, will
also lead to the concurrent erasure of any and all of your personal data held by us in our
systems.
8.3.1.2./ you are a Premium Member, then you can at any time ask us to cancel your
subscription and any subsequent renewal thereof, by sending us an email with explanation
why you would like to cancel your membership, where your cancellation will not only
terminate your Premium Membership but will also evoke the legal consequences set out in
Section 9.1. You can request the erasure of your personal data at any time, without having to
give a reason and without limitation, within or outside your subscription period; however,
we are not obliged to refund any fees we have already collected from you.
8.3.2./ In reference to Section 5.1, Premium Members may request to start proceedings for
the erasure of their personal data within 1 day before the end of their current subscription
period only in the event that they have already paid the subscription fee relating to the
automatically renewed subscription period.
8.4./ Right of termination
8.4.1./ As a Premium Member, you may withdraw from your Agreement within a period of
14 days without having to give a reason. If you have indicated that the execution of the
contract should start before the end of the above cool-off period, you are still entitled to
terminate your Agreement within 14 days without having to give a reason. However in this
case you are obliged to pay us a proportionate amount of consideration for service delivery,
to be calculated based on the number of days until the termination of the contract between
us. The end date of the cool-off period/termination cut-off date is the 14th day from contract
signing. To withdraw from your Agreement, you must send us a clear statement expressing
your decision to withdraw from/terminate the Agreement by e-mail) at
support@sugarbaby.pl If you withdraw from the Agreement, the legal consequences set out
in Section 9.1 shall immediately take effect. We will furthermore refund the fee you paid,
immediately, but no later than within 14 days of your withdrawal from the Agreement. We
will also bear any costs of refunding the fee.
8.4.2./ As Members who do not qualify as Premium Members use services free of charge,
they are not entitled to exercise specific withdrawal rights. Without prejudice to the above,
Members can exercise their right of termination in accordance with Section 8.1.1 at any
time – also within 14 days from contract signing – without limitation, evoking the same
legal consequences as those associated with withdrawal.
9./ Legal Consequences of Terminating Membership and Subscription
9.1./ With the termination of Membership, your Data Sheet will be immediately erased and
all of your membership rights arising from this Agreement will also cease with immediate
effect.
9.2./ Upon the termination of their membership status, Premium members - depending on
their chosen payment method - may have to separately request cancellation of our automatic
subscription renewal service. Therefore by accepting this Agreement you acknowledge that
your failure to cancel automatic renewal entitles the Service Provider to debit you with the
subscription fee of the next subscription period, depending on the payment method. Former
Members are solely responsible for the consequences of failing to cancel automatic renewal,
and we do not accept liability for such omissions by Members and we will not refund any
monies in this regard.
9.3./ Upon termination of your Premium Membership, only your subscription and additional
networking rights associated with Premium Membership are terminated (with the exception
of cases regulated under Sections 8.2.2.3.5, 8.3.1.2 and 8.4.1, in which cases the legal
consequences set out in Section 9.1 also take effect). Former Premium Members who had
only their Premium Membership terminated, are still classed as Members; i.e. they enjoy the
rights and have to meet the obligations associated with Membership.
10./ Intellectual Property Rights and Confidentiality
10.1./ We are the sole and exclusive proprietors of all intellectual property rights in respect
of the Service and the Website.
10.2./ By accepting the Agreement, you represent and warrant to us that the information on
your Data Sheet was disclosed by yourself, and you are the sole author of the Data Sheet.
10.3./ You undertake to treat confidentially and you will refrain from using – other than for
the purposes intended by the present Agreement – any information concerning the Service
that has come to your attention or that may come to your attention, except for public
information, or information the disclosure of which is required by law.
10.4./ We take every reasonable effort to keep your personal data, such as your surname, email
address and phone number secret, and we undertake not to disclose such information –
except insofar that such information is public, or its disclosure is required by law.
10.5./ Trademarks, logos, graphic designs, photos, animations, videos and texts that appear
on the www.sugarbaby.pl website are the intellectual property of sugarbaby.pl, and they may
not be reproduced, used, disclosed, circulated, be commercially bought and sold or
displayed / exhibited without our express, prior written consent.
10.6./ All programs and any content and material featured therein (including brand and trade
names) may be used strictly for the purposes defined by the present Agreement.
11./ Warranty
11.1./ We provide you with the Service in its currently existing form, and it is not
guaranteed that the Service or any part thereof will meet your requirements, aims and/or
your expectations. We merely provide the Service but have no leverage over its effective
outcome, and so we do not accept responsibility for you not making contact with other
Members during the term of your subscription.
11.2./ We do not offer a warranty in any way for information accessible through the Service.
11.3./ We do not offer a warranty for any errors encountered in the Service, its outcomes,
accessibility and/or uninterrupted usage, when such errors are caused by the congestion of
the telephone network or lines, online computer systems, servers or service providers,
computer devices, software, e-mail or the Internet, or any malfunctioning of the former.
12./ Using the Service
12.1./ The Website is only a forum allowing Members to post information about themselves
and allows you to make contact with other Members at your own discretion via the Service.
12.2./ You hereby represent and warrant that you are aware that information posted on other
Members’ Data Sheets is a mere reflection of how they would characterise themselves. We
recommend you not to assume that information found on any Data Sheet is necessarily
correct and accurate.
12.3./ We do not inspect every single Data Sheet in order to find out whether they are
correct and not misleading. We do not claim or warrant that information found on Data
Sheets is correct, and we do not accept any obligation to inspect any information on any
Data Sheets.
12.4./ Before taking action based on any information found on a Data Sheet, or any
information that has come to your attention in connection with using the Service, our advice
is to make every effort – at your own cost – that you think is necessary to verify the
authenticity and correctness of the information in question.
12.5./ If you make arrangements to meet anybody via the Service, you do so solely at your
own risk. We recommend that you take every precaution that you think is necessary from
the point of view of keeping yourself safe.
13./ Disclaimer
13.1./ We do not accept liability for any error in the Service that has been caused by you
and/or other Members, or for errors which would not have occurred without a Member’s
contribution. In addition, we do not accept liability for the misuse of your personal details
by any Members disclosed by you to such Members.
13.2./ We do not accept liability for the consequences of your failure to pay any monies in
full – whether or not by bank transfer – by the due date.
13.3./ Should you encounter any error for which you hold us responsible, you must give us a
reasonable chance to correct such error before you incur any costs and/or expenditure in
connection with correcting the error yourself. Otherwise we cannot be held liable.
13.4./ We do not accept liability for claims arising from or in connection with using the
Service or you having trusted information and/or other material that was accessible through
the Service or that was delivered to you by other Members.
13.5./ As a result of using the Service other Users and/or unauthorised individuals (hackers)
may gain access to and abuse information relating to your person. We do not accept liability
for breaches committed by other Members or unauthorised users in connection with
information and/or other material relating to your person that was previously made public
by you or delivered by you to other Members through the Service.
13.6./ You are obliged to mitigate all damages, injuries, costs and expenses that you might
incur based on the above provisions.
13.7./ If we are liable for any issues stemming from this Agreement, the damages we are to
pay cannot exceed five times the amount that you paid for the Service during the term of
this Agreement.
13.8./ The exclusions or limitations of our liability as set out in this Agreement do not cover
instances of liability, when the power of law does not allow any exclusion or limitation of
such liability.
13.9./ This Agreement cannot exclude or limit your rights granted by consumer protection
legislation, the exclusion or limitation of which is prohibited.
13.10./ We do not accept liability for late Service performance and/or similar problems
beyond our reasonable control, including but not limited to force major events, war, floods,
outbreaks of fire, labour disputes, strikes, work stoppages, riots, civil unrest, deliberate
causing of damage, explosions, government decrees and similar events.
13.11./ We do not accept liability for false statements made by Members. This is another
reason why it is important that you take certain precautions before meeting another Member.
We are in no way liable for meetings taking place between sugardate.eu Members or in
respect of meetings taking place between Members and non-members resulting from using
the website and its services.
14./ Use of Information, Data Management
14.1./ The Data Handler is LUX Style, Siedliska 119e, 59-222 Miłkowice, Poland
(registered under company registration number NIP: 6911764136, REGON: 363072432 in
POLAND). We manage your data in the manner and in accordance with the terms and
conditions defined in our Data Protection Regulation. You can access our Data Protection
Regulation at any time on the following link: http://www.sugarbaby.pl/en/privacy . Please
read our Data Protection Regulation before registering! As our Data Protection Regulation
constitutes an inseparable annex to the present GTC, by completing your registration you
represent and warrant that you accept the terms and conditions contained therein.
14.2./ Certain data and IP-addresses of computers of Users visiting the Website are logged
in order to keep a record of User visits. We use such data exclusively for generating
statistics and they are not linked to other data. Some of our services install unique
identifiers, so-called cookies on the users’ PC for the purposes of data recording, user
identification and making it easier for users to make subsequent visits. It is possible to set
the browser used for Internet access to receive notifications whenever the Service Provider
wants to install a cookie on the user’s PC, so that they can reject cookies at any time.
14.2.1./ Cookies are text files stored temporarily in a computer’s memory (‘session
cookies’) or on the hard drive (‘persistent cookies’). We do not use cookies to develop
programs or to spread viruses. On the contrary, the main purpose of using cookies is to work
out custom tailored offers meeting your specific needs, and to facilitate the most efficient
use of the service.
14.2.2./ We deploy cookies also when the user accesses our services through an external
advertising platform.
14.2.3./ We use persistent cookies to keep track of the clicks that users make, and to
automatically differentiate when the user has already taken part in the same type of question
round or has already seen an info appearance or advertising action posted on the website –
to prevent these from appearing again when the user is next visiting the same site.
14.3./ Your data will be registered with your completion of the registration data sheet.
Before submitting your registration data, you have the chance to spot and to correct any data
input errors. Confirmation of your registration offer and your activation code will be sent to
your e-mail address in the form of a message, therefore please make sure your e-mail
address is valid. Purpose of data management: to provide a dating service, to satisfy our
related contractual rights and obligations, to generate website traffic statistics, to allow other
users to find out as much about you as possible - in other words to ensure that service
provision is as efficient as possible and meets the highest quality standards -, furthermore
with your consent to use such data for marketing purposes, contact via phone or text
messages, send newsletters, generate direct business leads, and - once again with your
consent - to show your location to other users. We may send you system messages to your
designated e-mail address in connection with the service. If on the registration page you
have specifically agreed to receiving newsletters, then we may also send newsletters to your
email address in connection with promoting the product sales of our partners and to generate
direct business leads for our partners.
14.4./ Providing information during registration is always voluntary. At the same time,
leaving so-called mandatory fields on the registration data sheet blank could result in failing
to successfully complete your registration. Registration data will be held on the system until
you request their erasure. Registration data can be modified on the Data Sheet any time.
Please note that certain optional sections of the registration data sheet may contain sensitive
information - if they are voluntarily filled out. In such cases, your acceptance of the present
Registration Regulation is deemed to constitute the equivalent of a written statement, and as
such it will be electronically registered by us in a manner that allows subsequent retrieval.
By completing the registration form you consent to having your personal data processed,
including but not limited to your home address, age, marital status, nationality, smoking and
drinking habits, religious and political affiliation, character, hobbies, nationality, areas of
interest and behaviour. You also give your consent to having your Data Sheet uploaded on
the Website.
14.5./ We take every precaution with regards to our databases to make sure that all your
information is stored in a secure environment. Access to registered data sheets is restricted
to sugarbaby.pl system managers, whereas certain publicly visible data are accessible to
other users and visitors of the web portal. We will never disclose personal data to third
parties other than for the purposes defined in this Agreement. The above non-disclosure
clause is not applicable to data transfers required by law, which can only take place in
exceptional circumstances. Before satisfying any information request from a government
authority we will verify for every single piece of data whether the request for disclosure and
our obligation to oblige rest on solid legal foundations.
14.7./ By accepting this Agreement, you consent that we may process your voluntarily
provided data and that we may use such data for our advertising activity in a data format as
permitted by the relevant laws.
14.8./ Agreements are electronically filed, and during their term of validity they can be
retrieved for reference. We will store your data at server rooms under 24/7 security
surveillance, on the hard disk drives of our own dedicated server. Internal data breach is
practically impossible and data are protected against external hacking by a sophisticated
firewall. At the same time you should be aware that in the current technological
environment data involved in data transmission and relay over the internet cannot be
absolutely prevented from unauthorised access (e.g. hackers) even with the outmost of care,
and therefore we do not accept liability in connection with such access incidents.
14.9./ The data referred to in Section 14.2. are automatically recorded, whereas in relation to
other personal data more closely linked to your identity you can decide at your own
discretion if you want to disclose these or not. Legal grounds for data management are
created by obtaining the consent of the data subjects concerned. You are entitled to ask for
information about how your personal data are managed. At your request, we shall provide
information about what data relating to your person is managed by us, for what purpose and
on what legal grounds, over what time period, the name and address (registered seat) of the
Data Processor and what data management activities it is involved in, also who are
receiving / have received data and for what purpose. Information may be requested at
support@sugarbaby.pl or under ‚Contact Us’. You can correct your own personal
information. You can do so on your personal Data Sheet after signing in. You are entitled to
request the erasure of your data in the manner as described in Chapter 8.3, and to cancel
specific services and newsletters by clicking on the ‘Unsubscribe’ link. From the moment of
erasure, all data relating to your person will be irrevocably deleted. Other - non-mandatory -
data entered on your personal Data Sheet can be erased by amending your personal Data
Sheet, by deleting the data to be erased from the relevant data fields. 14.10./ If you feel that
we have violated your right to the protection of your personal data, you can lodge a claim
with a civil court. If you give permission to the Service Providers in the Application or on
the Website to show your location, then by using this Service you are also consenting to us
showing your current position to other users with a precision of maximum 200 meters. If
you do not enable the ‘show my location’ functionality, then Service Providers will show
your current position at random spots within your town/district, based on your publicly
available home address information. Using the Service shall be construed as a consent to
this condition 14.12./ Data management registration number NTICE: NAIH-83283/2015.
15./ Compensation You undertake to compensate us for any damage, proceedings, lost
profits, loss, incurred fees, expenses and costs (including increased administrative costs and
legal fees on a full compensation basis), claim, lawsuit and any other damage and/or debt
which has resulted from any use of the Service by yourself, from any information disclosure
by yourself via the Service and/or other such material, from any contract breach, from any
act causing damage, act of negligence and/or breach of a legal obligation towards us. 16./
Court with jurisdiction and applicable law The application and interpretation of this
Agreement shall be governed by Polish law. By entering into this Agreement, the Parties
stipulate the exclusive jurisdiction of the Central District Court, and that they will bring
before that court any legal dispute which may arise between them in connection with the
present Contractual Terms and Conditions, including without any limitation its validity,
interpretation, performance, termination and any consequences of such termination. 17.
Dealing with complaints If you have any complaints in connection with your purchase, as
the case may be, you can notify us of your complaint at any of the contact details set out in
this present GTC. Our Complaint Management service is always free of charge. a.) Verbal
complaint We will investigate your verbal complaints without delay and we will remedy
them straight away to the extent possible. If you are unhappy with how we are dealing with
your complaint or if it is not possible to remedy your complaint straight away, then we will
minute your complaint, consult you about its contents and seek your approval. You will
receive the minutes in copy. As soon as we receive your complaint, we will investigate it
and we will inform you in writing of our findings with justification within 30 days of the
date of submission. The above procedure is also applicable to complaints received by phone.
The minutes of your complaint will record the following details: a) your Name; b) your
home address and your mailing address, as necessary; c) the place, time and manner of
receiving your complaint; d) detailed description of your complaint b.) Written complaint In
case of a written complaint, we investigate it upon receipt and we inform the complainant in
writing of our findings within 30 days of receiving communication about the complaint. If
you request us to do so, we will also send electronic communication to the Service Provider
about the outcome of the investigation. We will investigate the complaint and reject or
remedy it in accordance with effective laws and regulations. In our response letter we
explain the outcome of the full investigation of the complaint, describing any measures
taken to remedy the complaint, and in case of a rejection describing reasons for the
rejection. Any such communication will be complete with a clear, easy-to-understand
justification, meaning that we will use simple language avoiding any unnecessary use of
legal jargon. We are committed to providing meaningful answers in our response letter to all
points raised under the complaint. Written complaints – including the minutes of in-person
statements about your complaint – and any answers given in response will be archived for a
period of five years. After the end of the archiving period any data carriers (documents) will
be scrapped. Any personal details recorded in the Book of Complaints will be used
exclusively for the purpose of registering and adjudicating complaints. The condition for
reporting your complaint is that it should pertain to a service that you received from us in
return for a fee and not free of charge.
18./ Miscellaneous
18.1./ This Agreement is executed strictly between us and yourself, the acquisition of any
rights by third parties under this Agreement is prohibited, so third parties cannot force
performance of the Agreement. With the creation of the Agreement, any rights of third
parties for the performance of this Agreement shall cease to exist, even if they have the
consent of the aforementioned third person.
18.2./ You cannot assign to a third party the Agreement or any of your rights pertaining to
the Service. At the same time, we are entitled to assign any of our rights and obligations
pertaining to the Service and arising from or in connection with the present Agreement. If,
by our choice, our rights become assigned to a third party, we will be freed from all
responsibility arising from the present Agreement.
18.3./ Should you find that any content found on the website violates your intellectual
property rights, then you can alert us to the existence of a legal breech by sending us your
declaration executed either as a public document or as a private document with full
probative power, and request us to remove any content violating your rights. Such
notification must state the nature of the violation together with an overview of any facts
supporting that a legal breach is likely to have taken place, any information needed to
identify the illegal information/content, your name, home address or registered seat, your
phone number and e-mail address.
18.4./ Our failure to take immediate action against any behaviour on your part which
constitutes a breach of contract does not amount to our approval of such breach and cannot
be construed as grounds for committing other further breaches of contract.
18.5./ This document contains the entirety of the agreement between us and yourself, as the
Parties. Should a competent authority declare any provision of this Agreement null and void
partially or in its entirety, then any surviving part of that provision and the rest of the
Agreement stay effective and valid without prejudice to the former.
18.6./ Should you have comments about the Service or suggestions for improving the
Service which you would like to share with us, you are welcome to e-mail these to our
contact e-mail address shown under Contact Us. Please note that by doing so you are
authorising us and through us certain third parties to use your ideas or comments without
further compensation, free of charge, without limitation to geographical area, time or the
manner and extent of use, in an unchanged or revised format, and to incorporate these into
the Service, without consideration of the unique or original nature of your ideas.
18.7./ You can write to us at the following mailing address (this is also the address where
you can notify us of any complaints you may have concerning this Agreement):
support@sugarbaby.pl