Terms and Conditions
Last updated: 06.09.2022
www.findbex.com (“Website”) is owned and operated by SIA “Findbex”, reg.No. 40203401485 (“our, us, we”) registered in Riga, Latvia.
These terms constitute a legally binding agreement (“Agreement”) between you or the entity you represent (“User, you”) and us, governing your access and use of the Website and services offered therein (“Services”). The Agreement takes effect when you check box “I Accept” presented with this Agreement. For this Agreement to be valid, you must be at least 18 years old to agree to and enter into it on your own behalf or on behalf of a company you represent.
You affirm that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
Some terms of the Agreement, such as Intellectual property, Dispute resolution and provisions on governing law will automatically apply to you when you access and use the Website. You should make sure that you review them carefully before using the Website. Your use of and access to any page or part of the Website and use of the Services indicates that you agree to comply with and be bound by these terms and conditions, including personal data processing terms (Privacy Policy). If you do not agree to our terms you are not allowed to access or use the Website.
This Agreement consists of the following Clauses:
Registration
Purchase of Services. Subscription plans.
Refund policy
Customer support
Intellectual property
Liability and disclaimer of liability
Indemnification
Dispute resolution
Validity of Agreement and termination
Miscellaneous
Registration
In order to receive Services offered on the Website, you must have registered account on the Website (“Account”). To register an Account, you must be an individual at least 18 years old and be able to enter into contract relations and to conclude an agreement on your behalf or on behalf of the entity you represent.
You can register an Account using your email and password.
You shall not assign, disclose or otherwise transfer your Account to any third party. As soon as we suspect that this condition has been violated, we keep the right to suspend your account for the duration of the investigation.
You must immediately notify us in case you have any reason to suspect that your log in information has been lost, stolen or otherwise used or can be used by inappropriate third parties. Please note that you are liable for any activities conducted through your Account.
Purchase of Services. Subscription plans.
There are different subscription plans available on the Website (please see “Pricing” webpage).
To use the Services User shall choose a subscription plan and, if the plan requires a payment, to register the payment card and make the first payment.
When the first payment is made, it is automatically charged from the User’s bank account each following month until:
– payment card is valid; and/or
– User has available funds on a bank account related to the payment card; and/or
– User’s profile is active (not deleted).
Prices for Services can be changed at any time in our sole discretion. The Agreement does not bind us to provide you with the Services for the price it was available last time you purchased it or at the moment of Account registration.
When paid subscription plan is downgraded or upgraded during the already paid subscription period, the Website calculates the remaining number of days of paid period and recalculates the new paid subscription period accordingly, considering the price of the day of a new plan.
Refund policy
If User accesses or uses the Website Services within fourteen (14) days of acquiring, the User will no longer be eligible to cancel any of the subscription plans and to claim a refund.
User confirm that she/he understands and agrees that if User deletes its profile from the Website within the paid period of subscription plan, the Website does not have an obligation to refund the sum of money for remaining days which has been paid by the User.
Customer support
For any questions and/or issues related to payments, account registration, termination of Agreement, violation of its terms, prohibited behavior of other users or other issues, please contact us, using e-mail info@findbex.com
Intellectual property
All intellectual property rights on Website and Services owned and controlled by us and you are not allowed to use, copy, adapt, modify, prepare derivative works, distribute, license, sell, resell, transfer or otherwise use Website, its content and/or provided Services.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Website on your personal device(-s) and to access and view any content made available to you and only for your personal use.
Please contact us if you are interested in linking to the publicly accessible web pages of the Website.
Liability and Disclaimer of liability
Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of this Agreement between us and User. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement, and each of these provisions will apply even if the warranties in this Agreement has failed of their essential purpose.
We are liable for the:
· gross negligence by us, our management, agents and legal representatives.
· breaches of essential contractual obligations by us, our management, agents and legal representatives. Such our liability is limited to the actual damages.
Our liability for simple negligence is excluded to the maximum extent permitted by the applicable law. We shall in no event be liable for any indirect, incidental, special, consequential or punitive damages, including any lost profits, revenues, or earning opportunities and/or loss of use, resulting from (i) User’s access to or use of or inability to access or use the Website and Services; (ii) any conduct of any third party; (iii) any content of the Services; (iv) unauthorized access and/or use and/or alteration of Account’s content; whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Notwithstanding anything to the contrary in these Agreement, our and our officers’, employees’, agents’ and service providers’ aggregate liability, including any negligence on your part, for all claims relating to the Services is limited to the amounts paid by you to us for the past three months of the Service in question prior to the first event or occurrence giving rise to such liability.
If jurisdiction do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages or personal injury or death, our liability will be limited to the greatest extent permitted by law.
We do not warrant that (i) the Website and the Services will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Website and the Services is free of viruses or other malicious software; or (iv) the results of using the Services will meet your expectations and requirements.
We are not liable for the failure to perform or any delay in the performance of our Services due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, malfunction of the internet network resulting in data loss or without data loss (if all necessary security measures were in place) or any other event beyond our reasonable control.
We shall not be held liable and, knowing that, User shall bare all responsibilities for the third party claims regarding its personal data processing if User has not fulfilled his responsibilities defined in our Privacy Policy regarding provision of information to such third parties and third party consent for his or her personal data provision to Website.
Indemnification
To the extent permitted by law, you will defend, indemnify and hold us harmless, including our employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with the access to or use of Services or the violation of this Agreement, including any third-party claims.
Dispute resolution
We are committed to participating in a user-friendly dispute resolution process. Therefore, only after informal negotiations did not provided a result, you can initiate arbitration proceedings for any dispute, claim or controversy arising out of or relating to this Agreement or the applicability, breach, termination, validity, enforcement or interpretation thereof.
When dispute cannot be resolved informally, the party intending to initiate the arbitration proceedings shall notify the other party via email prior to initiating the arbitration. At their option, user and us retain the right to seek relief for the small claims under 250 EUR in a state court of Latvia in accordance with order provided for by the laws and regulations of Latvia.
This Arbitration Agreement (“Arbitration Agreement”) shall apply if you bring any claim against us:
An arbitration proceeding shall be administered by the Baltic International Arbitration Court (7 Gertrudes Str., Riga, LV-1010, Latvia) in accordance with its Arbitration Rules;
The number of Arbitrators is 1 (one);
Arbitrators must be neutral, and no party may unilaterally select an arbitrator;
The language of Arbitration is English or Latvian;
Binding law is the law of Latvia;
The Arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
In case any clause of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
If there is a dispute about whether this Arbitration Agreement can be enforced or applies to the dispute, Arbitrator will decide on that matter.
Validity of Agreement and termination
This Agreement shall be valid, binding and effective until its termination by you or us.
You can terminate the Agreement by cancelling your Account any time. To do so, please use Delete Profile option available on your Profile.
In case of serious or repeated prohibited activities the following conditions shall be sufficient to us to have a legal basis to cancel any User’s uncompleted purchase orders, limit, suspend or cancel User’s access to the Website, temporarily or permanently suspend Account and stop providing access to it:
1) law requirements;
2) reason to believe User is in breach of any applicable law or regulation;
3) violation of any requirements of Agreement;
4) more than 2 refund requests;
5) necessity to protect social values, individual rights of an individuals;
6) reason to believe that continued use of the Website presents a threat to the security of the Website, Services, other users or third parties;
7) prevention of fraud or other illegal activity.
Miscellaneous
This Agreement is governed by Latvian law.
We reserve the right to change and modify the Agreement at any time. If, in our sole discretion, an amendment is material, you will be provided with notification email about last modifications and amendments at least 30 (thirty) days before the date they become effective. Other revisions may be posted on Website and you are responsible for checking the Terms regularly. You may reject the change and terminate the Agreement by withdrawing your Account registration immediately. In that case prior consent to any earlier versions of Agreement will remain in effect and enforceable as to any dispute between you and us. By continuing to access or use Website and/or its Services after the amendment enters into effect, you agree to be bound by the revised Agreement.
Despite aforementioned, changes to this Agreement which are more favorable to users, required by law or related to the additional services or functions, or changes, which neither reduce your rights nor increase your responsibilities, will come into effect immediately.
You may not assign or transfer this Agreement and your rights and obligations to any third party without our prior written consent. We may freely assign our rights and obligations under this Agreement in its entirety to an affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all assets.
The provisions of this Agreement apply to the maximum extent permitted by applicable law. If any part of this Agreement becomes unlawful, unenforceable, or invalid, the remaining clauses will remain in full force and effect.
We may provide translations of this Agreement. Translations are provided for informational purposes only. In case of inconsistency or conflict between a translation and the English version, the English version will prevail.