Data of the App owner as service provider
Service Provider: LiveRobe Korlátolt Felelősségű Társaság
Registered seat: 3181 Karancsalja, 023/2. hrsz.
Postal address: 1126 Budapest, Kiss János altábornagy utca 48/C.
Registration no.: 12-09-010274
Tax no.: 26385053-2-12
EU Tax no.: HU26385053
Bank account no.: 11712073-21456530-00000000
Platform of the App
Mobile application The App is available on IOS and Android operating systems.
The App as a service
The App is a social network-based digital wardrobe and marketplace, a mobile application where anyone can sell and buy pre-loved products and supports up-and-coming designers and local boutiques to sell. The Service shall mean to assure You as user a social network-based marketplace, with less noise and more focus on your target audience, reaching own customers easily and cost-effectively, create own online store with a few clicks. This Service is also including to provide advertisement place and the Service shall also mean to assure You as user the possibility to find only inspiration to wear the favorite skirt the best way possible, regardless whether You as user would like to advertise and/or buy on the surface of the App.
If you have any questions, please refer to the Help center on our website.
Agreement to terms
These present general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) are intended to govern the terms and conditions of use of the LiveRobe mobile application and its services offered by Liverobe Korlátolt Felelősségű Társaság (registered seat: 3181 Karancsalja, 023/2. hrsz. Hungary; registration no.: 12-09-010274; tax number: 26385053-2-12; represented by Angyal Ivettmanaging director; hereinafter referred to as “Us”, “We”, or “Our”).
These General Terms and Conditions constitute a legally binding agreement made between You as anyone, whether personally or on behalf of an entity, who downloads the App from the App Store or the Play Store in order to be able to use its services and prepares the related registration with creating own account (hereinafter referred to as “You”, “Your” or “User”) and Us, concerning your access to and use of the Our mobile application, its services and the www.liverobe.com website as well as any other media form, media channel related, linked, or otherwise connected thereto (collectively the “App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all these General Terms and Conditions. In case of downloading the App and creating an account (profile) with registration You shall become User regardless whether You would like to advertise and/or buy on the surface of the App or only to find inspiration to the day-to-day fashion.
IF YOU DO NOT AGREE WITH ALL OF THESE GENERAL TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These General Terms and Conditions are governed by the Hungarian law and effective on May 1, 2020 for current users and as of the first use of the App by new users. Any user who is found to be in violation of the following General Terms and Conditions and any other policies posted on the App may be banned, at the sole discretion of Us, from using the App.
Accepting these present General Terms and Conditions shall be an online binding agreement between You as User and Us to provide the App depending on the purpose of your use thereof, which is not a written agreement. The language of the contract is English. We shall not record the online agreement and it is not available after concluding of the agreement.
Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference as well as all other operating rules, policies, and procedures that may be circulated from time to time on our App, each of which is incorporated or not herein by reference and each of which may be updated by Us from time to time without notice to you, your use of these services is subject to those additional terms and conditions, which are incorporated or not into these General Terms and Conditions by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these General Terms and Conditions at any time and for any reason. We may update Our General Terms and Conditions from time to time, however We will notify You in case of any changes by posting the new version of the General Terms and Conditions in accordance with the applicable provisions of the Act V of 2013 on Civil Code.
Using the App by the users
Our Service is only available through downloading the App and creating a user account. Due to this You should download the App from the App Store or Play Store, create an account and provide all the required information the system asks for through the sign-up flow and connect your Paypal account first to be able to start selling or buying through the App.
You must always keep your account information up-to-date and accurate, including a valid email address. To sell and buy items on the App, You must also provide and maintain a valid PayPal account.
It is only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our App, you represent and warrant that: (a) you are at least 18 years old; (b) all registration information you submit is accurate and truthful; and (b) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to these General Terms and Conditions.
You can sign up via email or with your Facebook profile. After You download the App in order to be able to use it, and create a user account with registration, You can customize and individualize your profile by uploading a profile picture and giving your personal bio on the top depending on the purpose(s) why You would like to use the App in particular as follows:
- If You would refresh your wardrobe, You can shop and save money buying cool fashion from other users looking into the digital wardrobe of other users and discover out of stock items from other user’s wardrobes;
- If You only need tips what to wear and what to match the clothes with, You can find inspiration to wear the favorite skirt the best way possible;
- If You can’t fit in your own closet anymore, You can get the clothes more organized and create more space in your own wardrobe by monetizing the unworn items through the App and by using your LookBoard You can inspire your potential buyers by combining or mixing up ‘for sale’ and ‘not for sale’ items together, to sell You can create your own shop or just upload your individual products,;
- If You are designer and local boutique, You can reach your customers easily and cost-effectively, furthermore You can create Your online store with a few clicks and sell more. You can also sell your unsold stock in the name of sustainability;
- If you are or want to be a fashion influencer, You can show who you are and motivate others with your unique looks.
We provide advertising space for Users to advertise their (own) products and provide other services related to the advertisement in the database or search system accessible through the LiveRobe mobile application.
By creating your account with the requested personal data, and clicking the relevant link “Signup” You as User shall request to use of Our App and its services, which shall be automatically confirmed by Us to send an activation link to You to the e-mail address provided by You for the shortest possible period of time, within 48 hours. By clicking to the link sent by Us, You can approve your registration intention to use the App.
Upon confirmation of your registration intention to use the App, We shall provide to use of the App for an indefinite period of time unless there is a circumstance in which your activity regarding the App conflicts with these General Terms and Conditions. We shall notify You regarding these facts by e-mail. The agreement between You as User and Us shall be concluded in all cases by Our confirmation sent to you as declaration to use Our App. Declarations shall be effective when made accessible for You.
You agree to comply with all laws including all laws applicable in the jurisdiction from which you are accessing the App regarding acceptable content and online conduct. You acknowledge and agree that You are fully responsible for all activity, liability, and damage resulting from Your failure to securely maintain Your account information and password. You acknowledge and agree that You will protect Your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through Your account.
Your account information, particularly your email address and password, authenticates your identity as a User, and We are entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from You. You agree to notify Us of any unauthorized use of Your password or any breach of security. You also agree that We cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide Your user login and password information in combination to any other party other than We without Our explicit written permission.
By posting your fashion related own products and/ or fashion related second hand products as your contributions (hereinafter referred to as: “Contributions”) to any part of the App or making Contributions accessible to the App by linking your account from the App to any of your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Us right and license to host, use, copy, disclose, publish, broadcast, archive, store, publicly perform, publicly display such Contributions (including, without limitation, your photo) for any purpose in accordance with these General Terms and Conditions.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use Your user account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these General Terms and Conditions.
We may, in Our sole discretion, refuse to offer access to or use of the App to any person or entity and change its eligibility criteria at any time. We reserve the right, in Our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
We are entitled to exclude You from using the App and to suspend or delete your user account without further notice in particular when it is established without doubt that the data provided by You regarding both of you and your advertised products, shall not be considered to be valid and real information. Therefore, You are not entitled to any reimbursement claim against Us arising your profile deletion, but You are liable to reimburse Our incurred damages arising from the non-valid information and deception. In case of We shall delete your user account, your account advertisements shall be automatically removed from the App. You acknowledge that, in case of deletion of your user account, We are not obliged to store your advertisements. Our Services are not available to temporarily or indefinitely suspended Users.
Selling and Buying via the App
The App as a marketplace allows You sell and buy pre-loved products. Every shopping made through the App constitutes a legal relationship between the selling and the buying Users from which the seller has the right to claim the bought product(s) and must pay the price(s) to the buyer as well as the buyer is entitled to remuneration and obliged to ship the sold product(s).
All sales are binding. The seller is responsible for accurately listing their products, and the buyer is responsible for reading the product description before making a purchase. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner. The buyer is obligated to deliver the appropriate payment for products purchased.
To sell a product You shall create an account and finish your sign-up flow and connect your PayPal account to be able to start selling and then list the item(s) You intended to sell. You can upload individual products to sell or create a mini store and list your pre-loved products. If you have you own brand or boutique, you can also create your free mini store.
To make a listing you can upload photos and fill in information about the product you are selling such as brand, size, descriptive item name and a description. Include the price, condition, measurements, and any information related to the item. Your clothing will be listed on the appropriate section of the App as well as on your individual seller profile.
By listing an item for sale on the App, You warrant and represent that (a) You are in compliance with all aspects of these General Terms and Conditions and applicable laws, including in respect of all products; (b) you have the legal right to sell the product and to post all of the descriptions, graphics, photos, images and any other content related to Your listing of the product; (c) the description and depiction of the product, including but not limited to any damage, size or measurements, are complete, truthful, and accurate; (d) the product is listed in the appropriate category; and (g) the item does not have more wear and/or damage than can be defined as gently used, including but not limited to: significant wear, rips, tears, discoloration, odor or broken hardware or components. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that product. All items must be listed in an appropriate category. Each unique product must have its own listing. In addition, certain products may be prohibited or restricted; You also need to make sure the sale of your product complies with all laws. If Your listing does not comply, it may be removed.
To buy a product You shall create an account and finish your sign-up flow and connect your PayPal account to be able to start buying. You can buy a product immediately from a seller’s shop or their unique upload using “Shop Now” by submitting an order. Upon submitting an order, the buyer will be sent a link to complete the transaction via PayPal. We apply a “pay first take first” policy to shopping by which the product is sold to that buyer who paid first the full price of the product.
When buying a product, You agree that: (a) You are responsible for reading the full product listing before committing to buy; (b) You enter into a legally binding contract with the seller to purchase his or her product(s) when You commit to buy the product; and (c) We are not a party to the contract and does not transfer legal ownership of the product from seller to You.
We will notify the seller via email when buyers submit orders. Upon sending buyer’s payment through PayPal, buyers will be redirected to the App and receive notifications about their purchase and possible shipping date. The seller will only be notified of the transaction after the payment. After the seller accepts an order, We will notify the buyer via email as well.
As part of a transaction, You may obtain personal information, including shipping information, from another user. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for related communications regarding that transaction with the other user. We have not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, You are not licensed to add any user to your email or physical mail list.
Pricing and payment
The price stated in each product listing description must be an accurate representation of the sale price. Sellers may not alter the item’s price after a sale for the purpose of avoiding Our transaction or commission fees, misrepresent the product’s location, or use another user’s account without permission.
Offers to buy or sell outside of the App are a potential fraud risk for both buyers and sellers and are not protected by Us. Additionally, these offers may be an attempt to avoid Our transaction fees. This is unfair to other sellers, violates these General Terms and Conditions, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee or Our checkout process. You may not manipulate the price of any product or fees owed to Us when using the App.
All the listings and checkouts in the App are in EUR. If You want to change your currency within the App You can change the currency of your product in your profile settings, but the final checkout will happen in EUR. As a seller You are responsible for all applicable taxes.
The buyer must pay the price of the product in advance throughout Our checkout process. After You checkout a product, You will be sent a link to complete the transaction via PayPal.
We have partnered with PayPal as payment processors to facilitate credit/debit card payments and the disbursement of funds to sellers. We process all transactions through PayPal. Selling and buying through PayPal’s payment system requires that You connect an active PayPal account to your account. Therefor, You shall have and maintain a PayPal account to sell and buy products on the App.
After clicking “Pay with PayPal” there is a prompt underneath the PayPal login to check out with credit/debit card. This can be used to pay directly by card rather than through a PayPal account (PayPal Express). Please note that purchases made through PayPal Checkout are not eligible for Purchase Protection. You must create a PayPal account to qualify for purchase protection.
You should never pay for a product off-site (directly to the seller in person) – be it directly through PayPal, bank transfer, concealed cash, or any other methods outside of the App. Any meet-in-person transaction will be deemed ineligible for dispute via the App.
PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. You are also subject to an agreement with a third-party, PayPal Holdings, Inc.
The ordered products must be shipped by the sellers to buyers address within 5 days from payment, it falls under the seller’s sole responsibility. We do not have a dedicated shipping partner, so we cannot take any responsibility for the shipped or not shipped products, but the document of the shipment must be kept by the sellers as a proof for the disputes.
In case of shipping, make sure that You as a seller can ship the products to the given location, if you have problem please start a conversation to double check the delivery address with the buyer.
Sellers must handle shipping on his/her own by adding reasonable shipping and handling fees to the sale price in order to cover the costs for packaging and mailing the product sold to the buyer. Shipping fees depending on the distance and the shipment provider. You can see the estimated shipping costs given by the seller after you choose your location and fill your delivery address.
As a buyer You should give Your shipping address to the seller. For this You can use LiveRobe Chat to contact sellers directly. You can request additional information about the products you wish to buy as well as the delivery/shipment details.
After the delivery by clicking on “Received” in your Profile you agree that you received the product and you are satisfied with it.
When a product bought on the App is returned, it shall be sent back to the seller’s designated shipping address by the buyer.
Whereas We are not part of the agreement between the buyer and the seller, We do not have a direct money-back guarantee since the payment provider is PayPal and payments happen between the sellers and the buyers directly. At the same time, We are committed to ease for You to handle any dispute arising from Your purchase.
If the payment is set, however, You have any problem with the product or Your purchased product is not delivered and so on, You are eligible to send it back to the sellers and ask for a total or partial refund started from the App admin through PayPal resolution center through PayPal.
You as a buyer have 26 days from the date of the payment to open a PayPal dispute, then send Us the screenshots about the dispute flow within 26 days – in this case the problem will be examined by Us and can be also redirected to legal actions. You can start a PayPal dispute selecting the transaction in your PayPal activity page or file a claim here: https://www.paypal.com/disputes/ Please note that You have 180 days from the purchase date to file a dispute to PayPal, but We are able to give hand in the dispute, if You open the dispute and inform Us within the timeframe indicated here.
On some occasions, you may ask a refund from your seller if an issue occurs. Please visit PayPal’s refund request page to request a refund. Please be sure to follow the steps outlined on the page and provide proof of the return shipment in order to be eligible for a refund for the cost.
After confirming the reception of the product, You will not be able to open a dispute anymore. You should never pay for an item off-site (directly to the seller in person) – be it directly through PayPal -, bank transfer, concealed cash or any other methods outside of the App. Off-site transactions are also not eligible for any dispute via the App.
We especially draw Your attention that any of fraud cases can have legal consequences (police court proceedings), We are always obliged to provide all the data to the police in these cases. Fraud cases can be: doesn’t sent products, if the seller sends another product, when a product description doesn’t describe the reality. As the payment provider service is PayPal, please see PayPal fraud payment policy here: https://www.paypal.com/tw/webapps/mpp/paypal-safety-and-security?locale.x=en_TW
If You have experienced any fraud activity or any prohibited (obscene, sexual, and/or violent) content which may have legal consequences, You can block a user within the APP at the top of the user’s profile page. In case of fraud listings, You can report a product by clicking ‘report the product’ button in the detailed product page or in your feed.
Suspension and termination
For the period when You are unable to sell or ship your listed products in Your profile, you can choose the temporary ‘suspend shop’ function. When you switch “suspend shop” on, other users cannot buy your products until you turn it off, but they can see your products and contact you any time. If You want to reactivate Your shop just switch off “suspend shop” at the top of Your profile and Your shop will be active again.
You can suspend your shop for 3 days only or maximum for 4 weeks. Users will see that Your shop is suspended, and they would not be able to buy your products until Your shop will be active again.
You may also cancel your account at any time by deleting it.
We may restrict, suspend, or terminate Your use of or access to the App, without notice or liability to You and in Our sole discretion, and without refunding any fees, if We suspect (by information, investigation, conviction, settlement, or otherwise) that (a) You are in breach of, are attempting or threatening to breach, or are acting inconsistently with these General Terms and Conditions; (b) You are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any additional policy; (c) Your activities on or in relation to the App may violate applicable law; (d) you are unable to verify or authenticate any of Your personal information; (e) You have failed to pay a fee; (f) You may cause legal liability or financial loss to Our users or to Us; (g) You have submitted an unreasonable amount of return requests; or (h) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Our community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the App, and taking technical or legal steps to keep a user off the App and refusing to provide any services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of these General Terms and Conditions and any additional policy, may be referred to appropriate law enforcement authorities or other third parties.
We reserve the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the App.
Downloading and setting up a new account on the App is free. However, We charge a seller a sales commission calculated as a percentage of the sale price of a completed transaction on the App.
When a product is sold sells, We charge 10% fee on the sale price, and only 1 EUR handling fee after failed transactions. In addition to Our commission, PayPal may charge another 2.9% + 30 cents for domestic and 3.49% + 30 cents for international transactions, so the total charge can be around 13-14% of the total sale price.
We may temporarily change our fees or reduce fees for our services for promotional events (for example, reduced seller commission days); such changes are effective when We post the temporary promotional event on the App.
Additionally, We may change some or all of our services at any time, without notice and in Our sole discretion, and any changes to Our fees are effective upon the posting of such changes. We also reserve the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date. In the event We introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in euro (EUR).
You are responsible for paying all fees and applicable taxes associated with using the App in a timely manner with a valid payment method.
If We terminates a listing or Your account, if You close your account, or if the payment of Your fees cannot be completed for any reason, you remain obligated to pay Us for all unpaid fees plus any interest or other charges, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with Your account).
Refusal of providing the Service
You are solely responsible for your conduct and activities on the App and interactions with Us and all User that you submit, post, and display on the App.
In case We detect that your communication and/or activity in the surface of the App does not comply with these General Terms and Conditions, that is manifestly in contradiction to good morals, unintelligible, impossible, or contradictory or otherwise based in Our opinion shall cover not only communication regarding the advertisements or its manner shall be offensive or incendiary, We shall be entitled to limit your access to your account of the App, e.g. to remove, block access to, or otherwise make unavailable any content that is (a) in violation of these General Terms and Conditions; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for Our community, as determined by Us in Our sole discretion. Further, we may block users that repeatedly violate these General Terms and Conditions or engage in other behavior necessitating a removal of any content. and ultimately delete your account if the content uploaded to your account is in violation of the present General Terms and Conditions unilaterally, promptly and without notice and justification. We shall take steps to remove any advertisement for which We shall receive notification according to the Act CVIII of 2001 on Electronic commercial services.
We shall cooperate with authorities according to the relevant and applicable laws in order to ensure taking responsibility for the infringement. You as User can report complaints about infringing information to Our client support desk via e-mail: email@example.com]. If You find that information and/or advertisements uploaded on the App by Users shall be in breach your rights arising from your copyright protected by copyright laws, You can inform Us to ask to remove advertisements containing information that violates your rights.
It is forbidden to upload content on your account of the App that (particularly but not exclusively):
- is illegal;
- constitutes an offense;
- is manifestly in contradiction to good morals or violates the relevant ethical standards (including in particular the norms of the Hungarian Advertising Ethics Code);
- invites or encourages acts of unlawful conducts or acts;
- violates the rights or legitimate interests of others, in particular if it is causing an infringement of intellectual property rights and other copyright and related rights;
- contains misleading information;
Only fashion related owner products and/or fashion related new and secondhand products shall be allowed to advertise in the App, therefore the following items, products, services are prohibited to advertise in the App (particularly but not exclusively):
- Diploma, theses and related writing assistance or collecting related material;
- Credit card and debit card;
- Alcohol, alcoholic beverages;
- Tobacco Products;
- Telephone numbers;
We are entitled to refuse providing the service and to exclude You from using the App (by deleting your account or advertisement) even if You try to use the App as We mentioned above i.e. regarding prohibited products and prohibited manner of the usage.
We shall reserve the right to refuse the re-registration of users arriving from the IP address affected by the refusal of the App or to cancel without prior notice with immediate effect the re-registration which has already been established, and to refuse to provide the App in the future for them.
You are liable for any content made available by You on Your user account, including any material or non-material damages caused by this content or otherwise incurred by You, We shall not be liable for any such content. You are obliged to and You declare that You use the App in compliance with the applicable laws and the provisions of the General Terms and Conditions and the information, personal data and content provided by You during the usage of the App is lawful, valid, true and given in good faith.. By starting the use of the App, You as User acknowledge that You are responsible for the content and the legality of the information, materials, texts, images and data uploaded to your user account.
We have no control over the quality, safety, morality, or legality of any aspect of the products listed, the truth or accuracy of the listings, the ability of sellers to sell products, or the ability of buyers to pay for products. We do not pre-screen users or the content or information provided by users. We cannot ensure that a buyer or seller will actually complete a transaction.
Legal ownership of products purchased on the App is transferred by the seller to the buyer after a sale is completed. We do not transfer nor is it involved in the transfer of legal ownership of products from the seller to the buyer.
We do not interfere in the disputes between users, in the event of any dispute You are obliged to exempt Us from any claim or compensation.
We cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. We encourage you to communicate directly with potential transaction partners through the LiveRobe chat available on the App. After all, We have no information and knowledge of the content of the private messages between the users regarding the advertised products uploaded in the users accounts of the App, therefore We shall not liable for the accuracy and reliability of this content and/or information. Clarifying the misunderstanding arising from the private messages between the users regarding the advertised products uploaded in the users’ accounts shall not consider to be the part of the performance of Our service.
You agree that the App is a marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by You, other users, or outside parties on the App. You use our Services at your own risk.
We do not control the user submissions provided by users that are made available on the App. You may find some user submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using the App, you agree to accept such risks and that We are not responsible for any and all acts or omissions of users on the App. Please use caution, common sense, and practice safe buying and selling when using the App.
We are not responsible for the availability of outside websites or resources linked to or referenced on the App. We do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
We are not involved in the actual transaction between Buyers and Sellers. While We may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by the PayPal resolution center, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of products advertised; (b) the truth or accuracy of users’ content or listings; (c) the ability of sellers to sell items; (d) the ability of buyers to pay for items; (e) that a buyer or seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the buyer. We reserve the right, but has no obligation, to monitor and/or manage disputes between You and other users of the App.
Rather, our goal is to maintain the App in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to the App. You further acknowledge that operation of and access to the App may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that You are making use of the App at your own risk, and that they are being provided to you on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law: We exclude all express or implied warranties, terms and conditions, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, INTANGIBLE LOSSES, OR ANY DAMAGES, LOSSES OR EXPENSES THAT MAY NOT FAIRLY AND REASONABLY BE CONSIDERED TO ARISE DIRECTLY AND NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF BUSINESS, FROM BREACH OR OTHER ACT OR OMISSION RELATING TO THE APP GIVING RISE TO THE RELEVANT LIABILITY (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE WEBSITE OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless Us from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from Your use of the App or your breach of these General Terms And Conditions, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. We may elect to assume the defense and control of such claim and, in such case, You agree to cooperate with Us in the defense of such claim, to take all measures required by Us to clarifying the situation and to reimburse Us for all reasonable expenses and fees incurred in the course of defending such claim.
Unless otherwise indicated, the App is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (hereinafter referred to as: “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights. There is no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
Provided that You are eligible to use the App, You are granted a limited non-exclusive, non-transferable, non-sublicensable license to access, view and use the App and to make a reasonable number of copies of any portion of the Content solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Us and its licensors. Other than as expressly provided above, You may not display, reproduce, distribute, modify, sell, or otherwise use any materials or Content on the App, and all such Content is provided on an as is basis.
Nothing in these General Terms and Conditions or the services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Trademarks displayed on the App, without our prior written permission in each instance. Our intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of Our intellectual property will inure to our exclusive benefit.
You and We are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these General Terms and Conditions.
These General Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Our express written consent. On the other hand, We may assign, sublicense, or otherwise transfer any rights or licenses under these General Terms and Conditions, without restriction and without prior notice to You.
Following termination of the Agreement formed by these General Terms and Conditions and/or your commercial relationship with Us, any term logically extended beyond such termination shall survive to the fullest extent necessary to allow You and Us to enforce any rights obtained or obligations incurred hereunder.
No term or provision is meant or intended to benefit any third party.
You agree that these General Terms and Conditions will be governed by the laws of Hungary without regard to conflicts of law principles and you submit to the exclusive jurisdiction of the Courts in Hungary for all matters related to these General Terms and Conditions.
These General Terms and Conditions represents the entire agreement and understanding between You and Us and it supersedes any other agreement or understanding (written, oral or implied) between You and Us. No other agreements, promises, representations, or understandings shall be binding upon Us with respect to the App unless contained in these General Terms and Conditions, or separately agreed to in writing and signed by an authorized representative of Our.
Neither You nor We will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of these General Terms and Conditions is held unenforceable or shall be determined to be illegal, invalid, or unenforceable: (a) then such provision will be modified to reflect the parties’ intention; (b) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (c) the remaining parts of the these General Terms and Conditions shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties. All remaining provisions of this Agreement shall remain in full force and effect.
If you have any questions about Our cooperation and these General Terms and Conditions, please do not hesitate to contact us. Furthermore, in order to resolve a complaint regarding App or to receive further information regarding use of the App, please contact us at:
By email: firstname.lastname@example.org