By using our site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site.
Our Terms Were last updated on June 13th, 2022.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR ANY OF OUR SERVICES ACCESSIBLE THROUGH OUR WEBSITE. BY USING OUR WEBSITE OR CONTENT, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE AND CONTENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE TERMS; (II) YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (III) YOU AGREE TO THESE TERMS ON BEHALF OF THE PARTY THAT YOU REPRESENT.
INFORMATION ABOUT US
www.ivigee.com (“Website”) is a worldwide Website operated by iVigee Services a.s. We are a joint stock company registered in the Commercial Register maintained by the Municipal Court in Prague under number B 26220 and have Our registered seat at and operate Our business from Hvezdova 1716/2b, 140 00 Prague 4, Czech Republic (“iVigee”, “We”, “Us” or “Our”). Our company number is 10725300, Our DUNS number is 496744346 and Our EUVAT number is CZ10725300.
INFORMATION ABOUT YOU
ACCESSING THE WEBSITE
These Terms set out the terms and conditions upon which We make available Our Website, any content (including Registered Content), services and features published on or accessible through the Website or otherwise made available to You (“Content”), to visitors, subscribers, users and other individuals who directly or indirectly access the Website or Content or contact Us, whether as a guest or registered user. For avoidance of doubt, Your access to and use of services available through the Website may be subject to additional terms and conditions, such as Order Form, Statement of Work and/or Master Service Agreement. From time to time, We may restrict access to some parts of Our Website, or Our entire Website, to users who have registered with Us. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Terms.
REFERENCED DOCUMENTS AND POLICIES
These Terms incorporate by reference Our
Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Our Website and Content.
To the extent of any conflict, the afore-mentioned documents shall prevail over these Terms.
You are responsible for making all arrangements necessary for You to have access to Our Website. You are also responsible for ensuring that all persons, who access Our Website or Content through Your internet connection are aware of these Terms and that they comply with them.
We recommend that You print a copy of or screen-shoot these Terms for future reference. We may amend these Terms from time to time at Our sole discretion by posting amended terms to the Website. Every time You wish to use Our Website or Content, please check these Terms to ensure You do understand the terms that apply at that time. We may also update and change Our Website and Content (including, without limitation, Registered Content and Subscription Plans) from time to time to reflect changes to Our services, Our users’ needs and Our business priorities. We will exert reasonable efforts to provide at a reasonably timely notification to You of any changes to Subscription Plans by electronic means (e-mail) or online on the Website prior to any new terms taking effect. In such case, You may (a) without any response to Us, proceed to enjoy the Service under the modified Subscription plan and Charges and the new terms shall apply as of the date of the effective date as specified on the Website or in the notification email, as applicable, or (b) notify Us in writing in a timely fashion prior to the announced change becoming effective of Your wish to not maintain the Subscription Plan; in that case subsection 17 of the below section Registered Use(rs) shall not apply and Your Subscription Plan shall expire and will not be further invoiced as of the effective date of the new terms. The preceding applies also to the Service Trial. Any individual amendment procedure applicable to Your Order Form(s) remains unaffected by this provision.
Our Content is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of Our Content.
Although We make reasonable efforts to update Our Content, where appropriate, We make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete or up to date. We shall be, in no event, responsible or liable for any losses or damage that anyone may suffer as a result of relying on the information provided on Our Website or in Our Content.
We do not intend and are not authorized to give medical advice, so You should not rely on the information provided on Our Website or in Our Content when making decision concerning an individual’s health. You should always consult an appropriate medical professional. None of the information on Our Website or in Our Content is to form the basis of or be relied on in connection with the present or future medical treatment of an individual. This provision shall survive any expiration or termination of these Terms.
Each of us agrees that we shall not disclose to any third party any information concerning customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other which we learn during the course of our performance of these Terms, without the prior written consent of the other. This obligation shall survive the expiration or other termination of these Terms. For the sake of clarity, the Registered Content contains trade secrets and proprietary know-how that belong to Us and it is being made available to you in strict confidence. Any use or disclosure of the Registered Content, or of its algorithms, protocols or interfaces, other than in strict accordance with these terms and your Order Form, may be actionable as a violation of our trade secret rights.
INTELLECTUAL PROPERTY AND COPYRIGHT
We are the owner or the licensee of all intellectual property rights in Our Website and Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal reference and You may draw the attention of others within Your organization to Content posted on Our Website. You must not modify the paper or digital copies of any Content You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the Content on Our Website must always be acknowledged. You must not use any part of the Content on Our Website for commercial purposes without obtaining a license to do so from Us or Our licensors. If You print off, copy or download any part of Our Website in breach of these Terms, Your right to use Our Website will cease immediately and You must, at Our option, return or destroy any copies of the content You have made. This provision shall survive any expiration or termination of these Terms.
We may provide You with the opportunity to order Our services and access certain parts of the Content through registered access on Our Website. The advertising of such service Our Website constitutes an “invitation to treat”; and Your order of the services constitutes a contractual offer. No contract will come into force between us unless and until We accept Your order. The specific order conditions will be described in an Order Form, including any payment terms, as applicable. Unless defined else in these Terms, the terms capitalized in this section shall have the meaning as specified in the applicable Order Form. Notwithstanding anything to the contrary in these Terms, the following shall apply in addition to any rights, obligations or restrictions in these Terms with respect to the Registered Content:
Except as further clarified, no Personal Data are subject to Processing by either of us on behalf of each other. Except for job applications, CVs or other job application related documents received from You, Your data from registration for services, Your data based on contacting Us or concluding a contract with Us, We do not anticipate any uploads to be made by You to Our Website. Nevertheless, should such feature be enabled to You, You must comply with the content standards set out in Our Acceptable Use Policy. You warrant that such contribution does comply with those standards, and You indemnify Us for any breach of that warranty. Any such Your post or upload to Our Website will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your Content, but to the extent permissible under applicable laws, You grant Us and other users a limited license to use, store and copy that content and to distribute and make it available to third parties. You agree that We may use any ideas, concepts, know-how, or techniques that You send Us for any purpose. To the extent permissible under applicable data privacy laws, We also have the right to disclose Your identity to any third-party who is claiming that any content uploaded by You to Our Website constitutes a violation of their intellectual property rights, or their data privacy rights. At Our sole discretion, if, in Our opinion, Your post or upload does not comply with the Acceptable Use Policy, We have the right to remove any posting by You on Our Website. You are solely responsible for securing and backing up Your content.
We cannot guarantee the speed or security of the Website or Content. We shall not be responsible for the presence of any viruses, electronic bugs, Trojan horses, etc., and any damage that they may cause or loss that You may suffer, directly or indirectly, as a result of a virus attack that is traced to Our Website and Content.
You are responsible for configuring Your information technology, computer programs and platforms to access Our Website and Content. You should use Your own virus protection software.
You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful content that may infect Your computer equipment, computer programs, data, or other proprietary content due to Your use of Our Website or to Your downloading of any content posted on it, or on any Website linked to it.
You agree to defend, indemnify, and hold Us and Our officers, directors, employees, Third-party Service providers, consultants and agents harmless from and against any and all damages, costs, liabilities, expenses (including, without limitation, reasonable attorney’s fees), and settlement amounts incurred in connection with any claim arising from or relating to Your (a) breach of any of Your obligations under these Terms, including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation, (b) Your gross negligence or willful misconduct, (c) actual or alleged use of the services, as the case may be, including without limitation the Content, in violation of these Terms or applicable laws by You or Your Authorized Users, (d) any actual or alleged violation by You or Your Authorized Users, of any terms, conditions, agreements or policies of any Third-party Service provider, or (e) Your improper use of the Content. You will be required to indemnify Us completely and fully for Our losses. This provision shall survive any expiration or termination of these Terms.
The Content displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We and third parties connected to Us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our site or in connection with the use, inability to use, or results of the use of Our site, any Websites linked to it and any Content posted on it, including:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to Your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. This provision shall survive any expiration or termination of these Terms.
The Website contains trademarks which are owned and registered by Us or third-parties. No license to use any of these trademarks is hereby granted or implied to You. No reproduction of any trademark pursuant to these Terms is permitted without a specific written authorization from Us. This provision shall survive any expiration or termination of these Terms.
These Terms together with the documents referenced herein constitute the entire agreement between Us regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between us with respect to the subject matter contained herein. Any terms respecting the subject matter of the Terms which You embody to Your purchase orders, invoices, acknowledgements, requests, instructions or other forms exchanged between us will be void and of no effect. This provision shall survive any expiration or termination of these Terms.
GOVERNING LAW AND JURISDICTION
You may not assign, sub-license, or otherwise transfer any of Your rights under these Terms. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms., which shall remain in full force and effect. Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver thereof.
LANGUAGE TRANSLATION DISCLAIMER
The official language of the Website is English, as well as the text of these Terms. In case of any discrepancies or differences based on or resulting from automated or computerized translations, such translation shall not be binding on Us and this English version shall always prevail.
You may not assign these Terms, nor any related document or otherwise transfer any right created hereunder whether by operation of law, change of control or in any other manner, without Our prior written consent. Any such purported assignment or of any purported transfer of rights in violation of these Terms will be deemed void. For avoidance of doubt, unless expressly agreed to by Us in writing, assignment to or other transfer of any right hereunder to Affiliates is prohibited.
We are an independent contractor and nothing in these Terms shall be deemed to make Us Your agent, employee, partner, or joint venturer. Neither of us will have authority to bind, commit, or otherwise obligate the other in any manner whatsoever.
If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which will remain valid and enforceable according to its terms.
These Terms together with the documents referenced herein constitute the entire agreement between us regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between us with respect to the subject matter contained herein. Any terms respecting the subject matter hereof which You embody to Your purchase orders, invoices, acknowledgements, requests, instructions or other forms exchanged between us will be void and of no effect.
For avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods (1980) and the Uniform Computer Information Transactions Act (UCITA) are hereby excluded in their entirety from application to these Terms.
If You have any questions, complaint, or other requests, whether concerning these Terms or Your Order Form, or wish to submit a notice, You can contact Us by mail at Hvezdova 1716/2b, 140 00 Prague 4, Czech Republic or here.
Acceptable Use Policy (“AUP”)
This AUP was last updated on June 1st, 2022.
This AUP sets out the terms between You and Us under which you may access Our Website www.ivigee.com This AUP applies to all users of, and visitors, whether registered or guests, to our site. Your use of our Website means that you accept, and agree to abide by, all the policies in this AUP, which supplement our Terms.
You may use our Website and Content only for lawful purposes. You may not use our Website and Content:
You further agree:
We may from time to time provide interactive features on our Website. Where We do provide any interactive service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive features provided on our Website, and We will decide in each case whether it is appropriate to use moderation of the relevant interactive feature (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive feature We provide on Our Website, and We expressly exclude Our liability for any loss or damage arising from the use of any interactive features by a user in contravention of Our Content Standards (set out below), whether the feature is moderated or not. Where We do moderate an interactive feature, We will normally provide You with means of contacting the moderator, should a concern or difficulty arise.
These Content Standards apply to any and all material, in whole or part, which You post, upload or otherwise contribute to Our Website or Content, as well as Your job applications and CVs (each a “Contribution”). The Content Standards must be complied with in spirit as well as to the letter. We will determine, at Our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
A Contribution must not:
SUSPENSION AND TERMINATION
We will determine, at Our sole discretion, whether there has been a breach of this AUP through your use of Our Website. When a breach of this AUP has occurred, We may take such action as We deem appropriate.
Failure to comply with this AUP constitutes a material breach of the Terms upon which You are permitted to use Our Website, and may result in our taking all or any of the following actions:
We explicitly exclude Our liability for actions taken in response to breaches of this AUP. The responses described in this AUP are not limited, and We may take any other action We reasonably deem appropriate.
CHANGES TO THE AUP
We may revise this AUP at any time by amending this part of/page. You are expected to check this page from time to time to take notice of any changes We make, as they are legally binding on You. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on Website.