TERMS OF USE
1. RECITALS
1.1 These Terms of Use ("Terms") govern your access to and use of the web-based market place JOP and respective services located at www.joinourprojects.com ("Service") provided by SATTELO s.r.o., a company established and existing under the laws of the Czech Republic, having its registered office at Stojanova 1334, 686 01 Uherské Hradiště, Czech Republic, ID No.: 03976947, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 87634 ("Provider" or "our" or "us" or "we"), and any content, information, projects or other material that you post to or publish within the Service ("User Content"). Please read these Terms carefully. If you do not agree to any of these Terms, please do not use the Service.
2. PURPOSE OF THE SERVICE
2.1 The Service provides its users ("Users" or "you") tools that may lead to their business portfolio enlargement by finding required companies and automotive professionals based on their points of interest. The Service enables interconnecting of Users in order to cooperate on automotive projects released via the Service.
2.2 The Service is created for companies and professionals within the automotive industry and as such is not to be used by consumers.
3. USE OF THE SERVICE
3.1 In order to access and use the Service, your acceptance of these Terms is required. You may not use the Service if you do not accept these Terms. By registering, accessing or using the Service, you represent and warrant that you have read and understood these Terms. You acknowledge that by accessing or using the Service, you are agreeing to enter into a legally binding contract with the Provider under conditions set out in these Terms, as they will be updated from time to time. If you do not agree with these Terms, do not click the "Join Now" button (or similar) and do not access or otherwise use the Service. If you wish to terminate the legally binding contract with the Provider, you can do so by closing your account at any time.
3.2 By accepting these Terms you also agree with our Privacy Policy and Cookies Policy .
3.3 Registration. You are not required to register to use the Service, but full access to the Service, including all available functionalities and tools, is available only to registered Users. If you decide to use the Service without registration, you may access only certain and limited functionalities and tools of the Service. Certain functionalities and tools of the Service may be available to Users within a premium account only; this premium account may be charged by the Provider on a monthly or annual basis. Should we offer premium accounts, all information regarding additional functionalities and tools, including prices, will be accessible within the Service.
3.4 You can register with the Service by using your first and last name and your business e-mail address (located on domain name of the company you represent, e.g. john.doe@sattelo.com if John Doe would represent company SATTELO s.r.o.). You shall choose strong and secure password for logging into the Service within the registration process. After the registration process and verification of your e-mail address are done, you may fill in additional information regarding a company you represent in the account settings in the Service. By completing information regarding the company, you represent, guarantee and warrant that you are legally entitled to represent such company and to act on behalf of this company; the Provider is entitled to verify truthfulness of this representation, guarantee and warranty at any time. Once the Provider verifies the inserted information regarding the company you represent, the profile of such company within the Services will be marked as "verified".
3.5 You are responsible for safeguarding your password and access to the Service. You are also responsible for all User Content published by you within the Service and all activity that occurs under your account, whether or not such activity was authorized by you, unless you close your account or report misuse of your account to us. The Provider shall not be liable for any loss or damage arising from your failure to safeguard your password or from allowing others to use your account within the Service.
3.6 By accepting these Terms you agree that we are entitled to send you notifications, newsletters and other messages regarding the Service within the Service and via the contact information you provided us (e.g. e-mail, address, mobile number etc.). You hereby agree to keep your contact information up to date. You may change settings of these notifications, newsletters and messages in the account settings within the Service.
3.7 By completing the registration process you gain access to the full functionalities and tools of the Service, to the exclusion of functionalities and tools reserved to premium accounts only, if any. One of these functionalities is the option to release your own project on behalf of the company you represent and to engage with other Users with such a project. You can customize your project in many ways in the settings section within the Service. These projects may be released publicly (to all Users) or privately (only to Users per your settings).
3.8 Please note that the Service is created only for interconnecting Users and engaging them to cooperate jointly on projects within automotive industry. Any established connection or cooperation with another User within the Service cannot constitute a sufficient legally binding agreement between you and the other User. Should you decide to cooperate with another User on a project, we recommend concluding an appropriate contractual relationship directly with the other User via standard business means out of the Service, including an appropriate non-disclosure agreement, if required.
3.9 Advertisement. If you are interested in further promoting your project and/or any content within the Service, we may offer you some advertisement services or packages. These services or packages are, in general, paid and available to registered Users. More information regarding advertisements, including prices and payment terms, are located within the Service. You may also contact us any time via respective forms within the Service or via dedicated advertisement e-mail at support@joinourprojects.com.
4. CONTENT ON THE SERVICE
4.1 The Service may include hyperlinks to other web sites, content, resources or some other services of third parties. The Provider has no control over any web sites or resources which are provided by companies or persons other than the Provider. You acknowledge and agree that the Provider is not responsible for the availability of any such external sites, resources or services, and does not endorse any advertising, products or other materials on or available from such web sites, resources or services.
4.2 You acknowledge and agree that the Provider is not liable for any loss or damage incurred by you as a result of the availability of those external sites, resources or services. Furthermore, you also acknowledge and agree that the Provider shall not be liable for any damage incurred by you as a result of any reliance you may have placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites, resources or services.
5. RIGHTS AND OBLIGATIONS
5.1 The Service allows you to post or publish your User Content within the Service. Please acknowledge that we reserve the right to review and remove any User Content within the Service at any time, especially if such a User Content infringes these Terms.
5.2 Please note that you are fully responsible for any User Content you post or publish within the Service and for any consequences thereof.
5.3 By accepting the Terms you undertake that you will:
- (a) comply with all applicable laws, especially those regarding privacy, copyright, intellectual property and spam;
- (b) use your real name on your profile/account;
- (c) use truthful information regarding the company you represent;
- (d) keep updated all information on your profile/account;
- (e) act in a professional manner;
- (f) you will abide these Terms; and
- (g) act in the way to prevent causing any damage to other Users;
5.4 By accepting the Terms you undertake that you will NOT:
- (a) publish any User Content that violates any rights of third parties, including especially copyrights, confidential information, trademarks, privacy etc.
- (b) create a false identity within the Service, create an account for anyone other than yourself, misrepresent your identity in any way or use or attempt to use account of other Users;
- (c) disclose any confidential information of another User, if you do not have the consent of the User to disclose such confidential information;
- (d) violate any intellectual property rights of others;
- (e) try to override any security features of the Service;
- (f) modify, edit, change, transcribe, examine, derive, disassemble, compile, decompile, alter, reverse engineer or otherwise modify or translate the Service and any copyrighted works and databases contained therein, its titles, author's designation and any other data relating to the designation of the Service and copyrighted works and databases contained therein;
- (g) reproduce, distribute, lend, borrow, sell, rent, lease or otherwise monetize the Service or related data or access to the Service and data without prior consent of the Provider;
- (h) post or publish anything within the Services that contains viruses, worms, cryptoware or any other similar harmful code;
- (i) simulate in any way (e.g. "framing", "mirroring") the appearance or any function of the Service;
- (j) modify or overlay the Service or its appearance;
- (k) interfere in any way with the operation of, or place an unreasonable and unjustifiable load on the Service (e.g. spam, DDoS attack).
6. PRIVACY
6.1 In order to provide you the best Service possible and to fulfil the contractual relationship established between you and us by your acceptance of these Terms, we may collect, process and use provided and otherwise generated personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
6.2 Your privacy is very important to us. All information regarding collecting, processing and potential transfer of your personal data, including specifications of such data and your rights are stipulated in our Privacy Policy. All information regarding cookie files we use within the Service is stipulated in our Cookies Policy.
6.3 Please note that Users shall use the Service in compliance with the General Data Protection Regulation and other respective privacy laws. Users shall evaluate individually whether they are obliged to conclude a data processing agreement with another User within the established relationship.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All titles, including but not limited to copyrights, in and to the Service and any copies thereof are owned by the Provider or its suppliers.
7.2 All titles and intellectual property rights in and to the content which may be accessed through use of the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. If you publish some User Content in the Service, you shall be considered as the content owner of such User Content and you shall be fully liable for any infringements of third party rights.
7.3 All rights not expressly granted are reserved by the Provider.
8. LICENCE GRANTED TO YOU
8.1 The Provider grants you the licence to use the Service and related databases, which you may be given access as part of the Service. The licence is granted as gratuitous, non-exclusive, for a limited period of time of duration of the contractual relationship pursuant to these Terms, and to an unlimited territory. It is a licence to use the Service and databases in a manner and for the purpose pursuant to these Terms, the purpose for which the Service was created and you undertake to abide by it.
8.2 You undertake not to circumvent or otherwise disrupt any technological security measures in the Service or to decompose, decompile or perform back analysis of the Service as a computer programme. You undertake not to use the Service in any unauthorised manner.
9. LICENCE GRANTED TO US
9.1 Due to the fact that any User Content posted or submitted to the Service by you shall remain in your or respective copyright owner ownership, we need respective rights from you to make your User Content available to other Users.
9.2 For this reason you are granting us a gratuitous, worldwide, transferable, and sub-licensable right to use, copy, distribute, modify, publish and/or process any information and content that you posted, submitted or provided through the Service. This licence is granted without need of any additional consent and is limited as follows:
- (a) you are entitled to terminate this licence at any time by deleting respective User Content from the Service or by deleting your account;
- (b) we are not authorized to use your User Content for advertisements purposes without your prior consent;
- (c) we are not authorized to modify meaning of any of your User Content; and
- (d) we are obliged to use such User Content pursuant to your settings within the Service, where you can customize our rights to each specific User Content.
10. RESTRICTING OR SUSPENDING ACCESS TO THE SERVICE
10.1 Notwithstanding any other rights of the Provider set forth herein, in appropriate circumstances we may disallow, reassign, or remove certain usernames or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of third party rights.
10.2 The Provider reserves the right to stop operating or supporting the Service with immediate effects.
11. DURATION OF THE CONTRACTUAL RELATIONSHIP
11.1 The contractual relationship under these Terms is established for an indefinite period of time and may be terminated by you or the Provider for any reason and at any time. The contractual relationship terminates automatically in the event that:
- (a) the Provider has stopped operating the Service;
- (b) you have withdrawn your consent with the Terms, or have rejected updated Terms; or
- (c) you have closed your account within the Service.
12. LIABILITY AND WARRANTIES
12.1 We endeavour to provide you the best Service we can, but your access to and use of the Service is at your own risk. The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. To the maximum extent permitted by applicable laws, we disclaim all warranties and conditions, express or implied, of any kind. We do not warrant or assume responsibility for any cooperation established between Users within the Service, the availability of the Service, accuracy or completeness of any information, text, graphics, links or other items contained within the Service, including, but not limited to, any errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, loss of privacy, moral rights or the disclosure of any confidential information. We make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, or other such malicious computer program. We further expressly disclaim any warranty or representation with the same extent to any other Users or to any third party.
12.2 Nothing in these Terms shall exclude or limit our liability for damages which may not be lawfully excluded or limited by applicable laws.
12.3 To the maximum extent permitted by applicable laws, we shall not be liable for any damages of any kind, incl. those caused by business interruption, loss of profits or revenues, or any loss of data, use, goodwill or other intangible losses, resulting from
- (a) your access to or use of, or inability to access or use, the Service;
- (b) any content obtained from the Service;
- (c) unauthorized access, use, or alteration of the Service or its content; or
- (d) any conduct or content within the Service made by you or any other Users.
12.4 The Service may contain links to some third-party websites or resources. We do not modify or review the links and you acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services displayed on or available from such websites or resources.
12.5 The limitations of this Section 12 (Liability and Warranties) shall apply to any theory of liability, whether based on warranty, contract, statute, or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13. INDEMNIFICATION
13.1 By accepting these Terms you agree to defend, indemnify, and hold us harmless from all liabilities, expenses, claims and attorney's fees, that arise from your use or misuse of the Service.
13.2 Furthermore, you shall promptly inform us:
- (a) if any third party claims that the Service, used in accordance with these Terms, violates any of its copyrights, patents, trademarks, or other intellectual property rights;
- (b) about any infringement of our rights in relation to the Service and provide us with necessary assistance in establishing our claim regarding the infringement of the rights to the Service.
14. COMPLAINTS REGARDING CONTENT LOCATED WITHIN THE SERVICE
14.1 In order to provide you with the best Service possible right from its launch we have uploaded some publicly available information regarding several automotive companies to the Service. Profiles of these companies are marked as "unverified". Any such company may complete and submit a form available at pdf or online a written complaint pursuant to Section 14.6 in order to request a change or removal of any information uploaded by us. Should any of these companies want to use the Service and have its "verified" profile, it is necessary to register an account for the person entitled to represent such company. After the verification process of the user account and information about the represented company is done, both profiles (user's account and company's profile) will be marked as "verified". The verified User may change any information regarding the represented company in respective settings section within the Service.
14.2 Keeping the Service and any content therein accurate and in compliance with intellectual property rights of others is one of our key priorities. Due to this, we emphasize that any User Content posted or published by Users shall be accurate and shall not be in violation of intellectual property rights or other rights of third parties. However, due to the nature of the Service, it may happen that some User Content is inaccurate or violates some rights of third parties. If you are of the opinion that the Service and/or some User Content within the Service violate intellectual property rights or any other rights of third parties, or if you are of the opinion that some content within the Service is outdated and/or inaccurate, you are entitled to file a complaint pursuant to processes described hereunder.
14.3 Copyright infringements. If you believe in good faith that the Service or some User Content has been infringing your copyrights or any other rights, you may, at any time, file a complaint by completing and submitting the respective form within the Service available at pdf or online or by filing a written complaint that shall at least consist of:
- (a) a description of the copyrighted work that has been infringed based on your claim, including a description of your legal title to the infringed copyrighted work or the legal title of the copyright owner on behalf of whom you are filing the complaint;
- (b) a specification of the content and its location within the Service that has infringed the respective rights to the copyrighted work;
- (c) your contact details, including name, e-mail address, telephone and postal address, and contact details of the copyright owner if you act on behalf of such copyright owner;
- (d) a statement that you are in good faith of the opinion, including your reasons, that the disputed use has not been authorized by you or the copyright owner, its agent, or any law provisions;
- (e) a statement that you are the copyright owner of the disputed content or that you are authorized to act on behalf of the copyright owner and that all information contained in such a complaint is accurate and truthful;
- (f) date of submission of this complaint; and
- (g) your electronic or physical signature.
14.4 After receiving the complaint pursuant to Section 14.3, by any means, we will assess the claimed infringement. If we come to the conclusion that the complaint is justified, we may disable access to or remove the disputed content. In any case, we will inform the respective User against which the complaint has been filed ("Other User") about the filed complaint and about disabling or removing the disputed content. Should the Other User be of the opinion that the complaint has been improperly submitted and the content was disabled or removed without justifiable cause, the Other User may file a counter-complaint by completing and submitting the respective form within the Service available at pdf or online or by filing a written complaint that shall at least consist of:
- (a) contact details of the Other User;
- (b) an identification of the complaint filed against the Other User;
- (c) an identification of the Other User's content that shall be or have already been disabled or removed;
- (d) a statement that the Other User in good faith believes that he did not infringe any third party rights by the disputed content, including reasons supporting this statement;
- (e) a date of submission of this complaint; and
- (f) your electronic or physical signature.
14.5 After receiving the counter-complaint pursuant to Section 14.4, by any means, we will assess the counter-complaint. If we come to the clear conclusion, based on additional information in the counter-complaint, that the complaint has been improperly submitted, we may refuse disabling or removing the disputed content or we may unblock and return the disputed content to the Service. However, if we come to the conclusion, that we are unable to assess the disputed content, we will temporally disable the disputed content and inform the complaining User and the Other User that this issue shall be resolved directly between them and/or before the court.
14.6 Complaint regarding inaccurate information. Registered Users may change information contained in its profiles (with the exception of User's name and surname) and information regarding the represented company at any time in respective settings section within the Service. Anyone, including unregistered Users, may report any outdated, inaccurate, misleading or false information within the Service. Such reporting may be done by completing and submitting respective forms located across the Service or by filing a written complaint that shall at least consist of:
- (a) a specification of the reported issue, including localization of such issue within the Service, argumentations and documents proving that the reported information is outdated, inaccurate, misleading and/or false;
- (b) a specification of information that shall replace information currently contained within the Service;
- (c) a statement that information contained in such a complaint are complete, correct and truthful;
- (d) your contact details;
- (e) a date of submission of such a complaint; and
- (f) your electronic or physical signature.
14.7 After receiving the complaint pursuant to Section 14.6, we will assess the complaint. If we come to the conclusion that the complaint has been properly submitted, we will update the information within the Service accordingly.
14.8 Written complaints. Should you decide to file any written complaint, it may be filed via e-mail at support@joinourprojects.com.
15. SUPPORT
15.1 Should you have any questions regarding these Terms and/or the Service, you can contact us any time at support@joinourprojects.com
16. APPLICABLE LAW AND JURISDICTION
16.1 These Terms and all matters relating to it shall be governed by, and construed in accordance with the laws of the Czech Republic. Business usage shall not take precedence over any, even non-compelling, provisions of a statute. Any action or proceeding arising out of or relating to these Terms or the Service shall be brought and maintained exclusively by the Czech court with material jurisdiction pursuant to applicable laws and with territorial jurisdiction of the Provider.
16.2 The failure of the Provider to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
17. CHANGES TO THESE TERMS
17.1 We reserve the right to unilaterally modify (update) these Terms, including our Privacy Policy and our Cookies Policy from time to time. You will be informed about any upcoming material changes to any of these documents in advance by a notice through the Service and/or via other means (e.g. by an e-mail), to provide you the opportunity to review the changes before they become effective. If you disagree with any changes, you may reject them by closing your account at any time. Your continued use of the Service after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms.
18. FINAL PROVISIONS
18.1 The legally binding contract with the Provider concluded under conditions set out in these Terms and any other contractual relationships with the Provider regarding the Service or any amendments thereto must be concluded upon the full consent of both parties, and a response to any proposal of respective contract, agreement or of any amendments thereto with an addendum or a variation does not constitute acceptance of the proposal even if the addendum or the variation does not substantially alter the terms of the proposal.
18.2 We inform you that we exclude application of any statutory provision regarding adhesion agreements, governing references to business terms and conditions contained in standard form contracts.
18.3 If any provision of these Terms, Privacy Policy, and/or Cookies Policy is or becomes invalid or unenforceable, this will be without prejudice to the validity and enforceability of the remaining provisions. Should such a situation occur, the invalid or unenforceable provision will be replaced with a new provision whose text will correspond to the intention expressed by the original provision and the legal documentation of the Service as a whole.
18.4 If either Party disregards or waives any default, breach, delay or failure of any obligation arising from these Terms, Privacy Policy and/or Cookies Policy, the failure does not constitute a waiver of the obligation in respect of its existing or subsequent default, breach or failure and no waiver of a right is considered effective unless expressed in writing for each case.
Version of these Terms:[1.0]
Effective date: [01.04.2019]
© SATTELO s.r.o.