User agreement (public offer)
This Agreement defines the rights and obligations of Platform and User when using information from the "Qwixi.net" service.
The agreement is addressed to an undefined circle of persons and is hereby considered a public offer.
Signing into the Website by filling in the Registration Form and marking "read and agree with the terms of the offer" in the Personal account User confirms an unconditional acceptance of the User Agreement.
The parties use these terms in the following meaning:
a. Legislation - current legislation of the Republic of Latvia.
b. Information service "Qwixi.net" (Service) is a service available on the Platform's Website, allowing User to create audio tour (s) later to be placed on the "Qwixi.net" Website, in order to provide services to the users of the Service. The service includes interface, software and other elements necessary for proper function. All rights to the Service (and the included elements) belong to the Platform. Only Platform can exercise the exclusive rights to the Service (or its individual elements) and none of the provisions of this Agreement may be interpreted as transferring them to the User.
c. Platform - SIA "ZENITH" (Registration number LV40103219402), being a party to this Agreement, granting User the access to the Information Service.
d. User is a party to this Agreement that has accepted the Agreement.
e. User's Personal Cabinet (Personal Cabinet) is a closed part of the Service that represents a set of protected pages on the Website and mobile application Qwixi Tour, created during the User's Registration. The use of the Service and interaction with parties is carried out through the Personal Cabinet. Access to the Personal Cabinet can be gained by entering Login and Password.
f. Personal account of the User (Personal account) - Website’s cash accounting system for transaction settlements of both Parties, available in the Personal Cabinet.
g. Login and Password - a unique set of symbols created by the User at the time of registration, designed to access the Personal Cabinet.
h. Non-exclusive license - non-exclusive reimbursable right to use the Service, in the manner and in the ways indicated in this Agreement.
i. Partner Program of the Service is the program of cooperation of the Platform and the User, for the latter to implement advertising of services and products for a fee. The order of interaction of the parties under the Partner Program is established by the agreement placed in Appendix 2 to this agreement.
j. Partner's program of the User is the program of cooperation of the User and the User's Partners, for the latter’s implementation of the advertising of the services and products of the User for a fee. The order of interaction of the parties under the Partner Program is established by the agreement placed in Appendix 2 to this agreement.
k. Partners of the Platform - physical (legal) persons, individual entrepreneurs registering on the Site for interaction with the Platform.
l. Partners of the User are physical (legal) persons, individual entrepreneurs registering on the Site for interaction with User, or already registered on the Website.
m. User's user (third party) is an individual who interacts with User using his services, namely the passage of routes and listening to audio excursions.
n. Registration form is an electronic form located on the Website, which the User must fill in to register.
o. Registration - the action of User filling in the Registration Form located on the Website - specifying the necessary information and selecting the Login and Password.
p. Website of the Platform (Website) - a Website located on the Internet at http://Qwixi.net.
q. Agreement - this Agreement, including all annexes and rules specified in this Agreement or expressly named as annexes to this Agreement.
r. Tariffs are the principles of the financial relationship of the Platform and the User when publishing User's services using the Service (Appendix 1) and the Platform's Partner Program (Appendix 2).
2. SUBJECT OF THE AGREEMENT. GENERAL REQUIREMENTS
2.1. The subject of this Agreement is the transfer of a non-exclusive license to use of the Service by the Platform to the User.
2.2. All the conditions stipulated below apply both to the Service as a whole and to all its components separately.
2.3. The territory of the transferred rights - all the countries of the world.
2.4. The term of the transferred rights is limited by the period of use of the Service by the User or until the Agreement is terminated by one of the Parties.
2.5. Modification of the Agreement. The Platform is entitled to change this Agreement and all annexes to it (in whole or in part) unilaterally at any time, without prior consent of User. All changes take effect on the next calendar day after posting on the Website.
2.5.1. The Platform undertakes to notify the User within one business day from the moment of any changes in the provisions of this Agreement and its annexes to its e-mail address specified at the time of registration. The User is responsible for any consequences arising from the failure to familiarize themselves with this Agreement (annexes to the Agreement).
2.5.2. If User does not agree with any provision of the Agreement and (or) its attachments, they must immediately stop using the Website and the Service.
2.6. This Agreement consists of:
2.6.1. "User Agreement" - permanently posted on the Site and the User's Personal Area at http://Qwixi.net.
2.6.2. "User Requirements" - permanently posted on the Site at http://Qwixi.net.
2.7. Previous versions of the Agreement are posted on the Site in the User's Personal Cabinet at httpQwixi.net.
2.8. The User does not have the right to transfer the right to use the Service to third parties (on a paid or gratuitous basis) including sharing ones login and password. The Platform is not responsible for the possible consequences of Login and password being shared with third parties.
3.1. To use all functions of the Service, the User must undergo the Registration procedure. User filling in the Registration Form completes registration.
3.2. When registering User specifies the following data: Full name (name of legal entity or individual entrepreneur); Contact details, including e-mail address, contact phone number; Login and password.
3.3. Registration is considered completed when the Registration Form is filled in and sent to the Platform. After completing the Registration Form, User receives an email confirming the registration.
3.4. User guarantees that the data specified during the Registration is current and reliable and does not relate to third parties.
3.5. In case upon registration User acts on behalf of a legal entity (individual entrepreneur), they guarantee that they have the appropriate authority to accept this Agreement.
4. PROCEDURE AND WAYS TO USE THE SERVICE. PROCEDURE OF PROVIDING ACCESS TO THE SERVICE. LIMITATIONS
4.1. Under a non-exclusive license, the User may use the Service in the following ways:
4.1.1. Access the Service through the Platform's Website or Mobile Application (without downloading software distribution to User's device);
4.1.2. Use the Service for its intended purpose as in User’s needs;
4.2. When using the Service, the User is prohibited from:
4.2.1. Modifying the software of the Service, including modification, decompilation, disassembly, decryption and performance of any other actions with the object code;
4.2.2. Using the Service in a manner not expressed in this Agreement;
4.2.3. Distributing, copying or disclosing the software of the Service in any other way;
4.2.4. Trying to bypass technical limitations in the software of the Service;
4.2.5. Using the Service or its parts beyond the term of this Agreement;
4.3. Service offers round-the-clock access (except for cases when technical work is being done). The Platform is not considered liable if the access to the Service is limited due to User’s lack of access to the Internet.
4.4. When using the Service, the User obtains access to all the reference materials posted on the Service as well as the opportunity to obtain technical support from the Platform on issues arising in the process of using the Service.
4.5. The User does not have the right to transfer the right to use the Service (on a paid or gratuitous basis) to third parties including transferring login and password.
4.6. As soon as the User is sent a confirmation of registration on the Service, the rights to the Service are considered transferred.
4.8. The Platform is not an author of the content, but just provide to the authors possibility to offer their own audio excursions to User. All copyrights belong to authors of the content.
4.9. The Platform does not sell the content to the User, but just provide possibility to use the content 3 (three) times from the date of downloading to the Mobile Application.
4.10. The fact that the content was used is the moment when User was listen the content for the first time.
4.10.1 Payment for the content which was not used cannot be returned or transferred as the payment for another audio excursion or quest.
4.11. The User can claim and request to return money during 14 days from the date of downloading of content to their mobile application in case if audio excursion or quest contains:
4.11.1. Obscene or abusive words or phrases, pornographic images and texts or scenes of a sexual nature involving minors;
4.11.2. Threats, calls for violence and illegal actions, violation of legislations;
4.11.3. Elements of violence, cruelty, racial, interethnic or interreligious strife, as well as references to such materials;
4.11.4. Nazi attributes or symbols;
4.11.5. Propaganda of criminal activity, guidelines to unlawful actions commission;
4.11.6. Material containing threats that discredits, offends, defames honour and dignity or business reputation or violates the privacy of other Users or third parties;
4.11.7. Materials violating the current legislation of the Republic of Latvia.
4.11.8 Materials (information), that don’t belong only to the Authors by exclusive right or Authors haven’t obtained the right to use in the audio excursions of materials belonging to their rightful owners.
4.12. The Platform checks the claim of the User during 14 (fourteen) working days and in case of violations of statement 4.11 of this Agreement, the Platform returns received amount to the Users bank account during 30 days.
4.13. The Platform is not considered liable for damages caused to the User by blocking audio tours or the entire account. Account recovery takes place within 15 days from the moment of elimination of the violations.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Platform is obliged to:
5.1.1. grant User the access to the Service;
5.1.2. eliminate Service failures, caused by the Platform’s fault in a reasonable time (up to 5 working days).
5.2. The User shall:
5.2.1. Use the Service in the framework provided in Section 4 of this Agreement;
5.2.2. Not share their login and password with third parties and must ensure the confidentiality of both Login and Password. In case of loss or breach of that information, immediately notify the Platform;
5.2.3. Using the content:
184.108.40.206. to observe public order;
220.127.116.11. to observe traffic lows;
18.104.22.168. not to violate the rights of private life, personal and private property.
5.3. Platform has the right to:
5.3.1. terminate the Agreement unilaterally and (or) block User's access to the Service if User violates the Legislation and / or the terms of Agreement (attachments to it). The Platform shall not be considered liable for any loss (damage) incurred by the User in case of blocking and (or) Agreement termination. The Platform is not obliged to inform the User of the reasons for blocking and (or) Agreement termination. Upon termination of the Agreement, the Platform has the right and undertakes, to remove all audio excursions of the User from the publications and destroy all the copyright content of the User stored on the servers of the Service within 30 days, except for statistical data and the history of using the Products;
5.3.2. temporarily suspend access to the Service to carry out preventive maintenance. Platform should notify User about preventive maintenance works by email or notification;
5.3.3. use Users name, trademarks (service marks) and logos for the purposes of advertising the Platform's services.
5.3.4. modify or release updates to the software and the Service, add new features or functions, improve its performance or otherwise improve its characteristics, in order to satisfy the requirements Republic of Latvia legislation.
5.4. The User has the right to:
5.4.1. obtain the access to the Service in accordance with the terms of this Agreement.
6.1. The User (physical or legal person) agrees to their personal data specified during registration being processed by Platform, including full name, e-mail address, and contact phone number.
6.1.1. This agreement is valid indefinitely; the period time Users personal information is kept in storage is unlimited.
6.1.2. when processing Users personal data, the Platform is guided by the Law "On Personal Data" issued by Republic of Latvia
6.2. The User has the right to revoke his consent by comprising a written document that can be sent to the Platform by e-mail, registered mail with a notice of delivery or handed to the Platform's representative personally. If a written document to revoke the agreement to process personal data is received, the Platform must stop processing Users personal data right away.
6.3. In case of a breakdown, technical malfunctions, actions of third parties, including (but not limited to) a virus or hacker attack, User data shared on the Service may be made available to third parties. The User is aware of this and undertakes not to file claims for damages arising in connection therewith against the Platform. In its turn, the Platform undertakes to notify User of unauthorized access to their personal data within 5 working days from the moment of the incident.
6.4. User agrees to:
6.4.1. their personal data being stored on the server of the Platform (including those outside the Republic of Latvia territory);
6.4.2. Use of Users personal and statistical data for advertisements demonstration;
6.4.3. receiving information about the services, news from Platform and (or) Platform's Partners as well as information of an advertising nature;
6.4.4. cross-border transfer of personal data;
6.4.5. transfer of personal data to another User in case of joining the Partner Program of another User.
6.5. The User has the right to change the data specified in the Registration at any time, using the Personal Cabinet.
6.6. The Platform processes the only User's data that is necessary for the implementation of this Agreement.
6.7. The User undertakes to obtain prior consent of the subject of personal data to use their personal data through the Service. The User undertakes not to post personal data of third parties or employees of the User who did not consent to it.
6.8. The Platform undertakes to make every effort to ensure the confidentiality of the data shared by the User through the Service for the entire period of their presence on the Platform's server.
6.9. All user data (tour images, audio, e.t.c) can be published on the Qwixi website https://qwixi.net
6.10. The User is aware and agrees that telephone conversations with the Platform may be recorded in order to monitor the quality of the Platform's work.
7. RESPONSIBILITY AND SETTLEMENT OF DISPUTES
7.1. The service is provided to the User "as is", in accordance with the principle generally accepted in international practice. This means that for the problems that arise during the installation, updating, maintenance and operation of the Service (including compatibility issues with other software products (packages, drivers, etc.), Users inconsistencies to the expectations in the results of using the Service, etc. ), The Platform shall not be considered liable. The User must understand that they are fully responsible for possible negative consequences caused by the incompatibility or conflicts between the Service and other software products installed on the computer or other device of the User. The service is not intended and can not be used in information systems operating in hazardous environments or servicing life support systems in which a malfunction in the Service can endanger people's lives or cause large financial losses.
7.2. The Platform is not responsible for the inability to use the Service for reasons that are dependent on the User or third parties.
7.3. The Platform makes every effort to ensure the normal working capacity of the Service and the Website, but is not responsible for the failure or improper performance of obligations under this Agreement, as well as for Users direct and indirect losses, including lost profits and possible damages resulting from reasons included but not limited to:
7.3.1. illegal actions of Internet users aimed at violation of information security or normal work of the Service.
7.3.2. absence (impossibility of establishment, termination, etc.) of Internet connections between the User's server and the Platform's server.
7.3.3. activities within the framework of operational-search activities, carried out by state and municipal bodies, as well as by other organizations.
7.3.4. establishment of state regulation (or regulation by other organizations) of commercial organizations economic activities on the Internet and / or the establishment of single restrictions by specified entities, that make it difficult or impossible to implement the Agreement.
7.3.5. other cases related to the actions (inaction) of internet users and / or other entities aimed at worsening the overall situation using the Internet and / or computer equipment that existed at the time of the conclusion of the Agreement.
7.4. The Platform reserves the right to suspend the Website and / or the Service for preventive maintenance works (if possible at night or on weekends).
7.5. When using the Service, the User undertakes not to violate the Legislation and the interests of third parties. The Platform shall not be considered liable for User's actions performed with the use of the Service, nor shall it be considered liable for the failure of User's obligations to third parties.
7.6. The User is solely responsible for the safety of its Login and Password and for losses that may arise due to its unauthorized use.
7.7. In case of disputes or disagreements, arising between the User and the Platform caused by or related to this License Agreement, the parties must take all measures to resolve them through negotiation. The parties have established that the response time for the pre-trial claim is 10 working days.
7.8. In case of complete inability to resolve disputes and / or disagreements between the parties through negotiations, such disputes are resolved in court of general jurisdiction at the location of the Platform (Republic of Latvia).
8. TERM OF THE AGREEMENT, TERMINATION PROCEDURE
8.1. This Agreement shall enter into force upon the date of acceptance and shall remain in force until termination by the Parties. The transfer part of the Non-Exclusive License - within the period established by the Fees.
8.2. This Agreement is an offer and due to the current civil legislation of the Republic of Latvia, the Platform has the right to withdraw the offer. If Platform revokes this Agreement during its validity, this Agreement shall be deemed terminated upon withdrawal. The feedback is carried out by posting the relevant information on the Website http://Qwixi.net.
8.3. This Agreement may be terminated early:
8.3.1. by mutual agreement of Platform and User.
8.3.2. on the initiative of the Platform in unilateral extrajudicial procedure.
8.3.3. on the initiative of the Platform in unilateral extrajudicial procedure in case of User violating the copyright law of third parties, the terms of the Agreement or the Legislation without refunding any money to the User. Notice of termination is sent by the Platform to the Personal Cabinet 1 calendar day before the date of termination.
8.3.4. on the initiative of the Platform in unilateral extrajudicial procedure with the User's notification sent 1 month in advance. The Platform sends notice of termination to the Personal Cabinet.
9. OTHER CONDITIONS
9.1. The effect of the non-exclusive license under the Agreement shall apply to all subsequent updates / new versions of the Service.
9.2. Accepting the terms of this Agreement, User confirms that they have a legitimate reason for processing their information using the Service.
9.3. All issues not regulated by this Agreement shall be resolved in accordance with the Legislation.
10. ARBITRATION OF THE PLATFORM
10.1. User or Internet users who have complaints about the actions of a particular User have the right to apply to the Platform.
10.2. The complaint must be sent to the Platform by e-mail to firstname.lastname@example.org with the attachment of documents supporting the complaint (requirements).
10.3. Based on the results of consideration of the complaint, Platform has the right to establish the fact of violation of this Agreement and (or) Legislation and block access to the User's Service, to which the complaint has been filed.
10.4. The decision of the Platform on the complaint is final.
11. PARTNERSHIP PROGRAMS
11.1. The rules established by this Agreement shall apply to the Platform and the User.
11.2. Affiliate program of the Service. Individual entrepreneurs can join the Service Partner Program between the Platform and the User, physical (legal) persons.
11.2.1. The stages of joining the Service Partner Program:
• Registration on the Service Website affiliate.qwixi.net;
• Creating a Personal Cabinet. The Personal Cabinet contains links and advertising materials of the Service that can be changed and updated periodically by the Platform.
11.2.2. The Platform's partner undertakes to advertise the services and products of the Service through interaction with the links and advertising materials of the Service posted in the Partner's Personal Cabinet.
11.2.3. The Platform undertakes to pay Partner a fee for the services rendered, taking into account the number of involved Users in accordance with the "Partners" section (Terms of service of the Service Partners), which are in Appendix 2 to this Agreement.
12. REQUISITES OF THE PLATFORMSIA "ZENITH"
Reg. number 40103219402
Legal address: Zālīša 5-36, Rīga, LV-1039, Latvia
Latvija Bank name: Swedbank JSC SWIFT: HABALV22
Settlement account: LV82HABA0551024722677
ANNEX 1 (METHODS OF PRODUCT PUBLICATION)
When publishing author's audio content of a tourist-entertaining nature (hereinafter referred to as the Product), users have three options for accessing it:
• For free
• Free for promotion
• For money
Free publication. In this case, the Product is available to users free of charge.
Free publication for promotion. In this case, the Product is available to the User with the discount or free of charge When the Product is published for promotion, it is marked with a special symbol in the catalogue to make it easier to notice, and shown at the top of the list of all products among the recommended ones.
Publication for money. This category of Products is available for the User by payment with money promo codes or coupons