User Agreement

While registering as a User of application “Webex24” (hereinafter – the Platform) you confirm that you have examined the Terms and Conditions of this User Agreement (hereinafter - the User Agreement), agree to the terms and conditions and undertake to follow them. The definition “the User” refers to a private or legal person registered as a user of the Application. By accepting this User Agreement User confirms that he/she carefully read the User Agreement and agrees that terms and conditions of The User Agreement are binding to the User. 

1. Scope and interpretation of the User Agreement

1.1 The User Agreement applies to all legal relationships between the User and the Platform owner.

1.2. The Platform owner (hereinafter - the Service Provider) contact information is:

1.2.1. name of the Company : Luxsteel OÜ;

1.2.2. registration country: Estonia;

1.2.3. registration number: 12178223;

1.2.4. Address: Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Graniidi tn 1, 10413; 

1.2.5. e-mail address:  luxsteel@webex24.eu;

1.2.6. The Platform website: www.webex24.eu.

1.3. By the services (hereinafter - Services) is meant the proposal Platform for the User and considering this, providing ability to use CRM system, designed for the purchase support and for the transport of the vehicle. 

1.4. In addition to the User Agreement, relations between the User and the Service Provider are governed by the valid legislation of the Republic of Estonia, the Platform Price List (hereinafter – the Price List) for the use of respective service, detailed terms and conditions of the service, if the User informed about them, instructive texts and established good practices. 

1.5. Any User Agreement provisions in conflict with the provisions of the law and thus invalid does not generally affect the validity of other provisions of the User Agreement. 

1.6. All information exchange and communication between the User and the Service Provider exceeds in Ukrainian unless another language is in use by agreement between the User and the Service Provider. 

2. General terms for the services provision

2.1. The Service Provider provides the User a virtual platform as a service that enables Users to create data base for the keeping records of vehicles, customers, partners and related transactions.

2.2. For the use of certain Services, the User has to add vehicle to the private data base by adding details of the vehicle and other required information. The User is sole responsible for the correctness of the added details.

2.3. The Service Provider does not participate in any transactions performed between the users through the Platform. The Service Provider may not be considered as the User’s agent, broker, representative, commissioner, etc. unless otherwise agreed separately. The Service Provider may not be considered as a party of any contract concluded between the users of the Platform, thus the Service Provider does not take any responsibilities before the User. The Service Provider is also not responsible for, including but not limited to, the following:

2.3.1. for the quality and properties of the vehicles, which may be acquired by using the Platform;

2.3.2. the accuracy and legality of information published by the User on the Platform;

2.3.3. inappropriate or unlawful behaviour of the Platform users;

2.4. The exchange of any notices and information between the User and the Service Provider takes place in writing in electronic form using contact details provided in the User Agreement, unless provided otherwise. The Service Provider is not responsible for communication interruptions resulting from the technical failures or technical solutions of the e-mail service provider or other technical issues.

2.5. The Platform itself and all its content are intellectual property and belong to Service Provider. By providing works/goods protected by copyright or other intellectual property rights to the Platform, the User shall grant a license for exercising the existing property rights concerning these works to Service Provider, including the right to use the works submitted by the User in any manner, to authorise and prohibit use of the work in the Platform, reproduce, distribute, translate, make adaptations, add the works to collection or databases and communicate the work to the public. the User shall ensure and guarantee that the User, the Service Provider, and other Users of the Platform are not in breach of copyrights and other intellectual property rights of third parties by using the Platform. Failing to do so results in the obligation of the User to compensate the resultant damage and other costs. 

3. Rights and Obligations of the User

3.1. The User shall:

3.1.1. submit completely correct Personal Data and contact information, including signing up with his/her correct and complete name and valid e-mail upon registering as a the User of the Platform and while using the Platform and also update this information;

3.1.2. avoid using the Platform for fraud or any other illegal transactions;

3.1.3. submit only correct and full information when using the Platform;

3.1.4. ensure that data entered by the User within the course of using the Platform: 

3.1.4.1. is not misleading, inaccurate and/or wrong; 

3.1.4.2. does not include offers for the sale of prohibited services;  

3.1.4.3. does not violate proprietary and non-property rights (incl. intellectual property rights) of third persons; among other things, it is forbidden to offer pirated copies of items, use trademarks to promote items not related to these trademarks and add marked photos copied from other portals;   

3.1.4.4. comply with laws and regulations (incl. legislation governing consumer protection, competition and export/import of goods);

3.1.4.5. are not contrary to good morals; 

3.1.4.6. do not contain viruses and other computer programs or files that interrupt, damage or otherwise interfere with normal use of the Platform or interrupt, damage or otherwise interfere its normal functioning; 

3.1.4.7. are not linked to and do not contain information about a competitive Platform unless specifically agreed with the Service Provider. 

3.1.5. refrain from submitting demands against the Service Provider except in case of demands directly arising from the User Agreement; 

3.1.6. maintain the password and username required for using the Platform in a manner that prevents them from falling into the hands of third persons, except if the User has authorised such third persons to represent him/her in using the services. Among other things, the User understands and agrees that he or she is personally responsible for the confidentiality of his/her account-related username and password. 

3.1.7. immediately amend all changed information and circumstances or if amending him/herself is not technically possible, inform the Service Provider about such changes via e-mail. 

3.1.8. immediately inform the Service Provider via e-mail if his/her fixed password or username required for the Platform is lost or has fallen into the hands of third persons; 

3.2. The User confirms that he/she:

3.2.1. is a person with active legal capacity and has the right to perform transactions enabled by the Platform; 

3.2.2. duly performs all the User obligations specified in the User Agreement; 

3.2.3. is aware that all contracts are entered between the Users, and the Users are fully responsible for due performance of the contracts; 

3.2.4. is aware that if the fixed password and username required for using the Platform  is made available to third persons, such third persons will be able to take on obligations that are binding for the User and fulfilment of which is the obligation of the User and that the Service Provider bears no obligation to additionally verify (i.e. except e-mail and password) the person using the Platform. 

3.2.5. is aware and agrees that the Service Provider has the right to process the Personal Data of the User according to the legislation valid in the Republic of Estonia and Privacy Policy of Service Provider.

3.2.6. has examined and accepts the valid Price List and other terms and conditions stated with clause 1.4. 

3.3. The User shall pay a fee for services provided to him/her according to the Service Provider Price List.

4. Rights and Obligations of the Service Provider

4.1. Considering reasonable circumstances and based on own reasonable assessment, the Service Provider has the right to limit or terminate the right of the User to use the Platform, change the information published on the Platform by the User, close User account and prevent the User from re-registering as the new User: 

4.1.1. if the User is in breach of the User Agreement or the obligations of the User resulting from it; 

4.1.2. if the User has submitted false, misleading or inaccurate information when registering as User of the Platform or during using the Platform;

4.1.3. if the User knowingly and intentionally spreads false information in the Service Provider Platform, insults other persons in any way or behaves in an undignified manner;  

4.1.4. if due to some other valid reason.

4.2. The Service Provider has the right to monitor activities on its Platform at any time, including monitoring the activities of the Platform users. The Service Provider may investigate all alleged breaches of the User Agreement and use any legitimate means for this purpose.  

4.3. The Service Provider has the right to remove the User account and entered data at any time if these are contrary to the User Agreement, good morals, valid legislation or other terms and conditions stated in clause 1.4. 

4.4. With the purpose to improve usage of the Platform, the Service Provider has the right to rearrange data within the Platform without altering the content of the User offers. 

4.5. The User has the right to protest the decision of the Service Provider stated in clause 4.1 by submitting a respective e-mail of Service Provider. The Service Provider shall review the protest and leave the decision in force, amend it or cancel it.  

4.6. The Service Provider has the right to charge the User for using the service according to the Price List. For that purpose, the Service Provider shall issue an electronic invoice to the User. If requested by the User, the Service Provider will also present the invoice to him/her in written form. 

5. Payment for Services and settlement order between the User and the Service Provider

5.1. For the payment for Services on the platform the internal virtual currency WEBEX Token is used, that the Service Provider shall debit from the account of the User while acquiring the Service on the Platform by the User. 

5.2. The User may purchase WEBEX Token from the Service Provider with the price set in the Price List.

5.3. The User cannot request the buying back of their unused WEBEX Token by the Service Provider and the Service Provider is not obliged to buy back WEBEX Token which was not used by the User.

5.4. After debiting WEBEX Token from the account of the User, the Service purchased by the User shall be considered as provided and debited WEBEX Token shall be considered spent and may not be subject to return on any reason.

6. Processing of the User data

6.1. For the purposes of these Terms and Conditions, personal data shall be any and all data and information on the User, who is a private person, which this User has disclosed upon registering their User Account, using the Platform and performing transactions via the Platform, or which the Service Provider has learned about the such User from third parties. Provisions of this chapter that refer to any data shall also be applicable to personal data.

6.2. By registering the User Account and/or disclosing data, the User shall ensure that any and all data submitted by them to the Service Provider is truthful and up to date, and confirm that they are aware of and consent to the fact that any and all legally collected data regarding the User which are in the possession of the Service Provider, regardless of their origin, shall be processed by the Service Provider for the purposes related to the possibilities of use of the Platform and to the extent necessary for it, as well as according to the bases and procedure established in legal acts.

6.3. The User is aware of and hereby gives their consent in his/her name for processing of the data submitted to the Service Provider. For the abovementioned purposes, the Service Provider has the right to forward the User’s data to third parties.

6.4. The User, who is a private person, has the right to withdraw their consent for processing personal data at any time, request to cease of processing of personal data, terminate the access to them and deletion or closing the collected personal data provided that the legal acts do not oblige the Service Provider to save data. Upon withdrawing the consent to process personal data the User Account shall lose the right to use the Platform and all the data related to them shall be removed.

6.5. The Service Provider shall be obliged to keep the Users’ data confidential and follow any and all rules arising from the Personal Data Protection Act. The Service Provider shall have the right to disclose the User’s personal data to third parties only in cases set forth in the law or with the User’s prior consent.

6.6. The Service Provider shall have the right to disclose (personal) data of the User to persons belonging to the same group as the Service Provider and persons who provide the Service Provider with legal assistance, accounting, auditing or any other services, which presume processing of Users’ personal data, provided that the respective service provider has undertaken the obligation towards the Service Provider not to disclose the respective personal data to third parties.

6.7. The Service Provider shall have the right to process the data submitted by the User and data generated during the User’s use of the Platform at any time for statistical purposes and disclose the resulting statistical data, ensuring that it would be impossible to connect the data directly to any specific User.

6.8. The Service Provider shall have the right to use the e-mail address and mobile phone number of the User for the purposes of forwarding to the User information, advertising and offers from the Service Provider or its cooperation partners. The User shall have the right to choose, which notifications and offers they wish to receive through the Platform and refuse to receive offers from the Service Provider and their cooperation partners, without their respective query through the Platform. Information on how to refuse the offers and advertising sent to the Users by the Service Provider is available at the offer or advertising and/or in settings of the Platform functionality.

7. Amendment of the User Agreement and Terms and Conditions 

7.1. The Service Provider has a right to unilaterally change and supplement the User Agreement, the Price List and other terms and conditions stated in clause 1.4 at any point of time in relation to development of the Platform and services and their improved and more secure use.

7.2. The Service Provider shall notify the User of changes in clause 7.1 through notices published in the Platform.

7.3. The changes stated in clause 7.1 shall become valid as of publication of the respective notice on the Platform. The User has the right to cancel the services if he/she does not accept the changes. The User agrees to the changed terms and conditions by continuing to use the Service Provider services. 

8. Responsibility 

8.1. The service and any content or service or feature related to the Platform or made available through the Platform is provided on the basis of "as is" or "as available" principle without any directly or indirectly expressed guarantee. The Service Provider disclaims all guarantees to the extent possible under applicable law. 

8.2. The Service Provider is not responsible for circumstances including, but not limited to: 

8.2.1. any interruption, stall, stop or other inaccessibility of the website or service; 

8.2.2. program errors, viruses, Trojans, etc. distributed or transmitted by someone to the Platform or via its services; 

8.2.3. deletion of any content or data or impossibility to save content or data; 

8.3. The Service Provider is not responsible for any violations committed by the User against third parties. 

8.4. The User shall compensate any expenses, losses, claims, pecuniary claims and costs (incl. legal costs) directly or indirectly resulting from an infringement committed by the User to the Service Provider and cooperation partners and subcontractors of the Service Provider used for provision of services by Service Provider. 

8.5. The Service Provider is not responsible for any of the circumstances caused by a circumstance reasonably beyond the Service Provider control, including, but not limited to, natural disaster, storm, fire, earthquake, explosion, flood, war, civil disturbance, rebellion, terrorism, lock-out or other job action, embargo, crime, weather and climate conditions, failure or inability of a third person to fulfil its obligations, power outage, any confiscation by a government or a government agency, their actual or potential measure.  

9. Duration and Expiry of the User Agreement 

9.1. The User Agreement is valid without a term.

9.2. The Service Provider has the right to refuse to fullfill obligations of the User Agreement due to the presence of circumstances stated in clause 4.1 if the breach committed by the User does not enable the User to continue to use the Platform according to reasonable estimations of Service Provider. If continued use is possible and reasonable due to circumstances, the Service Provider shall set a deadline for termination of the violation and shall extraordinarily terminate the User Agreement if the set deadline is not met.  

9.3. The User has the right to terminate the User Agreement at any time and demand his/her user account to be closed if he/she has fulfilled all prior obligations in front of Service Provider. 

10. Final Provisions

10.1. Legal relations between the User and the Service Provider arising from the User Agreement are governed by the legislation valid in the Republic of Estonia. 

10.2. Any disputes arising from using the Platform shall be solved between the User and the Service Provider by means of negotiations. If agreement cannot be reached, the User may take the matter to the Harju County Court in Tallinn.