Terms of use

Preamble

Last Updated: October 22, 2020

Thanks for using Klik ponudba or another one of our marketplace apps or services! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). Please read the Terms carefully, and if you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@klikponudba.com, or at Edoxus LLC 1309 Coffen AVE, Sheridan 82801, WY , United States.

These Terms of Use ("Terms") are a binding contract between you and Edoxus LLC("Edoxus") if your habitual residence is within the European Economic Area.

  1. Parties

1.1 Edoxus and its corporate affiliates (i) operate online marketplaces ("Marketplace Apps"), including Klik ponudba that may be available as native apps for operating systems like Android or iOS or on standard or mobile web; and (ii) develop and provide other services and products. In these terms we refer to Edoxus and its corporate affiliates as "Edoxus" or "we "or "us." We refer to end users as "you" and the entities that list and sell items as Merchant(s).

1.2 The Marketplace Apps allow sellers ("Merchants") to set up stores that list and sell items to end users. When you purchase an item, the contract for sale is solely between you and the Merchant. That means that when you purchase an item on a Marketplace App, you are making a purchase from the Merchant who listed the item and the Merchant is responsible for fulfilling your order.

  1. Conclusion of Contract; Registration

2.1 You can access, save and print out the current Terms during the registration process and at any other time on our website. We do not store this contract text after conclusion of the contract.

2.2 Edoxus is your contract partner when using the Services. In order to make full use of the Services, including viewing and purchasing items in the Marketplace Apps, you must create an account ("Register"). If you buy items, the Merchant is your contractual partner for the purchase.

2.3 You make a binding offer for the use of the Services by Registering. Registration occurs when you supply an email address and a password or sign up using Facebook or Google, including allowing us to access certain data associated with your social network account.

2.4 The contract for the use of our Services is concluded when we send a welcome message to the e-mail address you provided to us as part of the registration process ("Conclusion of Contract") after receipt of your offer. This confirmation e-mail represents our acceptance of your offer.

  1. Services

3.1 Edoxus operates marketplaces that allow Merchants and users to share information and complete purchases. Merchants are responsible for their stores, their items, their item listings (including original or strike-through prices), and the processing and shipping of your order. Merchants may be located in your country or region or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection or data protection rules.

3.2 Each final price is determined by or based on a price supplied by the Merchant offering an item for sale. Merchants provide the other information in the item listings, including any strike-through prices. Merchants are obligated to provide accurate information, but Edoxus is not able to guarantee the truth or accuracy of the information in item listings.

3.3 Although we are not a party to the contract formed between you and a Merchant when you make a purchase, we may assist with payment processing, returns, refunds, and other customer service. Edoxus does not guarantee (i) the existence, quality, safety, suitability, or legality of any Merchant items or item listings; (ii) the truth or accuracy of any item descriptions or other content provided by Merchants; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of any Merchant or third party. Except if we clearly indicate otherwise, Edoxus does not endorse any Merchant, item, or item listing. You should make any investigation you feel is appropriate before making a purchase from a Merchant. Please read labels, warnings and directions provided with a purchased item before using it.

  1. User Requirements and User Obligations

4.1 You are not permitted to use the Services if: (a) You are located in a country fully embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals; you can find an up-to-date list of such countries and/or Nationals; or (b) you have previously been banned from using any of the Services, unless Edoxus has reversed that ban, in its sole discretion.

4.2 You may be required to create an account, and select a password and user name. You promise to provide us with accurate, complete, and updated information about yourself. Where Edoxus requires that you provide an email address, you are responsible for providing Edoxus with your most current email address. You are obliged to keep your registration information, including your e-mail address, up to date and inform us about changes without undue delay by updating this information in your user account. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

  1. Rules & Restrictions

5.1 You may only use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with applicable Edoxus policies and all laws that apply to you. If your use of the Services (including a purchase of any items on the Services) is prohibited by any applicable laws, then you aren't authorized to use the Services.

5.2 You may not share your account or password with anyone, and you must protect the security of your account and your password. You must notify Edoxus immediately of any unauthorized use of your password or any other breach of the security of your account. You're responsible for any activity associated with your account.

5.3 You must not create multiple accounts and you must not let others use your account.

5.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through our Sites may be governed by rules that are separate from these Terms of Use. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

5.5 When accessing or using the Services, you agree to:

  1. Abide by all laws, rules, regulations, these Terms, and all Edoxus policies;
  2. Only purchase items you are legally able to purchase in your jurisdiction;
  3. Only use (or attempt to use) the Services through interfaces provided by Klik ponudba; and
  4. Comply with the instructions in any robots.txt file present on the Services.

5.6 When accessing or using the Services, you agree not to:

  1. Infringe or violate the intellectual property rights or any other rights of anyone else (including Edoxus);
  2. Violate these Terms, Edoxus policies, or any law or regulation, including any applicable export control laws;
  3. Engage in activity that is deceptive, threatening, defamatory or obscene;
  4. Circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest or program on the Services;
  5. Collect personal data from users of the Services or use any such information found on the Services;
  6. Engage in activity that jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
  7. Attempt, in any manner, to obtain the password, account, or other security information from any other user;
  8. Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity, your affiliation with any person or entity;
  9. Violate the security of any computer network, or crack any passwords or security encryption codes;
  10. Run Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
  11. "Crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  12. Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services; or
  13. Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
  1. Privacy

6.1 Our Privacy policy provides information regarding how we collect, use and disclose personal data, including with Merchants. Please review the Privacy policy for details.

  1. User Submissions

7.1 Anything you post, upload, share, store, or otherwise provide through the Services is a "User Submission." User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.

7.2 For all User Submissions, you hereby grant Edoxus free of charge a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure your submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services, including to present display or perform such User Submission in accordance with your preferences.

7.3 Edoxus will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the User Submissions in any manner.

  1. Ratings, Reviews and other User Feedback

8.1 Edoxus enables you to generate ratings and reviews, photos, videos or other content about items and stores on the Marketplace Apps ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the items or the store.

8.2 Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree: (i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service; (ii) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) you will prominently indicate if your review was sponsored or paid for in any way; and (iv) your review will comply with these Terms.

8.3 Any use of the feedback system contrary to the foregoing paragraphs is prohibited. In particular, you are prohibited from including in Feedback information unrelated to the performance of the underlying item, store or contract or from using Feedback for any purpose other than the evaluation of the item or the store.

8.4 If you abuse the feedback system, Edoxus is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. This applies particularly if:

  1. Edoxus is legally obliged to remove the Feedback, e.g. due to a court ruling
  2. the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements
  3. the Feedback contains personal data, e.g. name, address, telephone number and/or e-mail-address
  4. the Feedback contains inappropriate links or scripts, e.g. with harmful content
  5. the Feedback contains inappropriate advertising for third parties
  6. the Feedback for items contains irrelevant information not related to the item, e.g. customer service of the store, shipping of the item, or site usability issues.

8.5 Ratings and reviews and photos, videos or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by Edoxus and do not represent the views of Edoxus. Edoxus does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.

  1. Content

9.1 The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content and/or (ii) in a way that violates someone else's (including Edoxus's) rights.

9.2 KLIK PONUDBA and the KP logo are trademarks of Edoxus Inc., registered in the U.S. Patent and Trademark Office and in other countries. All rights reserved.

9.3 You understand that Edoxus owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

9.4 Subject to your compliance with these Terms, including payment of any applicable fees, Edoxus or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.

  1. Copyright

10.1 We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing such intellectual property rights, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content

  1. Responsibilities

11.1 Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.

11.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

11.3 The Services may contain links or connections to third party websites or services that are not owned or controlled by Edoxus. When you access third party websites or use third party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

11.4 Edoxus has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Edoxus will not and cannot monitor, verify, censor or edit the content of any third party site or service.

11.5 Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

11.6 If there is a dispute solely between participants on this site, or solely between users and a third party, you agree that Edoxus is under no obligation to become involved.

  1. Costs and Fees

12.1 It is currently free to access and browse the Marketplace Apps and sites and other aspects of the Services. However, you may choose to purchase items through the Services from Merchants, and you alone will be responsible for paying the purchase price of any items you buy, in addition to any applicable taxes and shipping costs, if any. Edoxus is not your contract partner when purchasing items from Merchants.

12.2 By confirming your purchase at the end of the checkout process, you agree to pay the applicable fees as well as any shipping and handling charges or the applicable taxes. You must timely pay all fees or amounts associated with your use of the Services.

12.3 Some items or orders may be available for pickup at a physical location near you. See the Pickup policy for additional details and restrictions.

12.4 Third Party Checkout Service. When you purchase goods through the Services, we may direct you through a checkout process operated by third parties, such as Klarna AB. See our Payment Options Page for additional information. Use of Klarna AB's services is subject to your consent to the Klarna AB terms and conditions. By purchasing goods through Klarna on the Marketplace Apps, you agree to Klarna AB's terms and conditions

  1. Refunds, Exchanges and Related

13.1 We want you to be satisfied with your purchase on the Services. Therefore, in accordance with our Refund & Returns Policy, we offer you a special possibility for refunds and returns if you have a problem with an order or purchase. However, this does not limit your statutory withdrawal or warranty rights with the Merchant from which you bought your items. Please contact us as described in the Refund & Returns Policy

13.2 You agree that: (i) Edoxus may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of an item listing or the item's delivery or condition; and (ii) if you Klik ponudba to pursue any other remedy, you must seek that remedy directly from the applicable Merchant. Except as described in the Refund & Returns Policy, Edoxus cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to Edoxus, including, without limitation, customs, taxes or VAT as well as any return shipping costs you may incur in a return or refund process.

  1. Rewards, Credits, Klik ponudba Cash

14.1 Your account may contain rewards, credits, or Klik ponudba Cash. These may be used for discounts on or payment for eligible purchases made on the Services. Rewards, credits, or Klik ponudba Cash cannot be redeemed for cash, except in jurisdictions where required by law. Klik ponudba Cash is issued and may be used as described in the Klik ponudba Cash policy. Klik ponudba Gift Cards are governed by the Klik ponudba Gift Card Policy.

  1. Term; Termination

15.1 This agreement runs for an indefinite period of time.

15.2 You're free to stop using the Services at any time. Any unpaid amounts you owe Merchants for items purchased will remain due. Edoxus is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms upon two weeks' notice.

15.3 The right to terminate this agreement for good cause remains unaffected.

15.4 Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

  1. iOS Apps - Special Terms

16.1 If you access or use a Marketplace App on an Apple device or operating system, please review these additional iOS terms

  1. Changes to Terms or Services

17.1 Edoxus has the right to change the contractually agreed services and these Terms if and to the extent that this is necessary for a valid reason that could not have been foreseen at the time the contract was concluded, and this change is reasonable for the user, in particular because the relationship between performance and counter performance does not significantly change to your disadvantage.

17.2 Edoxus will provide appropriate notice regarding changes to the Services or these Terms ("Notice of Changes").

17.3 In the event of changes to the contractually agreed services and these Terms, you have the right to terminate this contract in text form at the time the changes take effect.

17.4 Changes to the contractually agreed services and these Terms are deemed approved by you if you do not expressly object to them after receipt of the Notice of Changes. Edoxus specifically draws your attention to this legal consequence, the commencement of the period, the period and the date on which the change takes effect. In the absence of such notice or if it is incomplete, the lack of objection does not constitute acceptance of the changes.

17.5 If you object to the changes, Edoxus has the right to terminate this contract in text form at the time the changes take effect.

  1. Warranty

18.1 Your statutory warranty rights apply to the Services.

18.2 You are responsible for the regular storage of any data or information obtained through the Services.

  1. Limitation of Liability

19.1 To the extent permitted by applicable law, Edoxus limits or excludes its liability for: (i) your use of the Services, including any downtime or periods of unavailability; (ii) products, information or other content provided by third parties; (iii) the use of products purchased from Merchants; or (iv) any indirect, consequential or special damages. If Edoxus has any liability to you, then to the extent permitted by applicable law you agree that: (i) you shall take reasonable measures to limit any damages incurred; and (ii) Edoxus's liability shall be limited to those damages that were a foreseeable and direct result of its conduct. Except for liability for death or personal injury caused by Edoxus, Edoxus's liability shall not exceed the greater of (i) the aggregate amount of your purchases on the Marketplace Apps in the six (6) months preceding the event on which your claim is based; or (ii) 500 Euro.

19.2 If your habitual residence is in Germany, the following provisions apply regarding Edoxus's liability (if any). To the extent there is a conflict between the following provisions and the other provisions of this Section 19, the following provisions shall control:

  1. Edoxus is liable for intentional or gross negligence as well as for injury to life, body or health caused by its conduct.
  2. In an event of slight negligence, Edoxus is liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
  3. n a case where Edoxus is liable according to clause 19.2(b), (i) Edoxus is not liable for any lack of commercial success, lost profits and indirect damages; (ii) Edoxus's liability is limited to the typical and foreseeable damages at the time the agreement was concluded and you agree to take reasonable measures to mitigate any damages that you incur; and (iii) In the event of loss of data the liability of Edoxus is limited to the costs that would have been incurred if you had properly backed up the data.
  4. These limits on liability apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of Edoxus.

19.3 Any mandatory liability on the part of Edoxus is unaffected by this section 19.

  1. General

20.1 Electronic Communications

Notices or declarations can be made in text form , including by email. The communication between Edoxus and you takes place electronically, e.g. by emails, texts, mobile push notices, or notices and messages on the Services. If you Klik ponudba to provide Edoxus formal notice via email, the message(s) must be sent to EU-LER@klikponudba.com and must include the words "Legal Notice" in the subject line.

20.2 Assignment

We may transfer, assign, or delegate these Terms and our rights and obligations with prior notice to you.

20.3 Force Majeure

Should the parties be prevented from fulfilling their contractual obligations by force majeure such as natural disasters, war, terrorism, industrial disputes, sovereign orders or other circumstances which are beyond their control or the prevention of which cannot be achieved with reasonable technical or economic effort, the parties are released from their contractual obligations as long as these circumstances and their consequences have not been finally eliminated. In all the above-mentioned cases of release from performance, the parties are not entitled to claim damages unless the party claiming force majeure is at fault.

20.4 Venue

Unless one of the following exceptions applies, the exclusive place of jurisdiction for all disputes arising from this contract and your use of the Services is our registered office (Sheridan, WY). Exceptions:

  1. you have moved your permanent place of residence outside of the EEA after these Terms have become effective; or
  2. your place of residence or habitual residence is not known at the time the action is filed.

20.5 Consumer Complaints

The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. Edoxus is not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.

20.6 Statute of Limitations

Claims arising out of or related to the Services become time-barred within two (2) years provided that they do not result from injury to life, body or health and slight negligence has not been ruled out. The commencement of the limitation period is determined by statutory law.

20.7 Export Control

You may not use, export, import, or transfer the Services, including the purchase of any products on the Services except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services or purchased any products on the Services, and any other applicable laws. In particular, but without limitation, the Services, including any products purchased on the Services, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services or purchasing products on the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services nor the products purchased on the Services for any purpose prohibited by national law applicable to you. You can find an up-to-date list of such countries and/or Nationals under https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx.

20.8 Entire Agreement

These Terms set forth the entire understanding and agreement between you and Edoxus, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.

20.9 Waiver

Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

20.10 Miscellaneous

Should specific provisions of these Terms wholly or partially violate mandatory law or be void or ineffective for other reasons, the remaining provisions remain unaffected.

 

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