Terms of Service

as per March 2018

TERMS OF USE FOR THE JAFILA PORTAL

  1. The platform
    1. Based on these Terms of Use, Jafila will provide you with the information and offers available on the Platform for free. This information and offers, which may include advertisements, come from a third party, not Jafila, unless expressly identified as coming from Jafila.
    2. Jafila will also provide you with interaction options based on these Terms of Use, or you may do so now. Jafila endeavors to constantly expand the corresponding interaction offer. These existing or future planned interaction options are in particular the following:
      1. Chat feature: Jafila may have an unmoderated chat feature on the platform, so you can chat with other users who are currently on the platform or who are logged into their platform account(see also point 5).
      2. Social Media Features: Jafila may also have other social media features on the Platform that you may use to communicate to other users currently on the Platform or logged into their platform account. You can post in certain areas of the platform, such as on the profile page of your account, eg photos, comments or your current status(eg & quot;[User XYZ is currently at [Restaurant, Business or other location]) (see also point 5 ).
      3. & quot;Good deeds & quot; features: Jafila may also operate an area on the platform that resembles classifieds and offers you help to other users who are currently logged into the platform or logged into their platform account, or other such Users can ask for assistance(eg & quot;offer shopping service, search garden help, see also point 5.).
    3. You will not enter into any agreements with Jafila other than these Terms of Use and the terms and conditions of your consent(including your consent to receive promotional materials from Jafila and third parties). This applies in particular - but not exclusively - to the following cases:
      1. When you make use of or offer a & quot;good deed & quot; service, the appropriate(contractual) relationship arises directly between you and the user who is providing or receiving the & quot;good deeds & quot; service for you.
      2. If you redeem or claim a coupon, discount promotion, or other promotion from third parties that promote or otherwise appear on the Platform, the appropriate(contractual) relationship will arise directly between you and such third parties.
    4. In any case, Jafila acts only as the operator providing the platform. Jafila is not an intermediary. Jafila therefore assumes no liability for such(contractual) relationships that may arise between you and third parties.
  1. Scope of these Terms of Use
    1. These terms of use are mandatory for all users of the platform.
    2. These Terms of Use apply from 01.02.2016. We reserve the right to change or supplement these Terms of Use at any time without prior notice. The terms and conditions of use preceding their use in such cases can be found at the following link: htp: //jafila.com/terms.
    3. If you do not agree with the amended and / or supplemented Terms of Use, you must delete your account. We therefore ask you to read the terms of use regularly, even if we inform you of such changes and additions with the help of your contact information (eg the e-mail address you provided) that you provide us with in your account or in the course of your account creation announce.
  1. Your account
    1. In order to be able to use the functions of the platform to the greatest possible extent, you need an account in which you are logged in during the visit to the platform.
    2. We will use your personally identifiable information as part of your account creation to administer your account and to assist you in using the platform and to notify you of changes and / or additions to these Terms of Use.
    3. We will use your personally identifiable information as part of your account creation process to provide you with information and advertising about Jafila - and therefore about ourselves.
    4. Finally, we would like to use your personal information that you provide to us as part of your account creation process, and in particular your e-mail address, but also to enable our advertisers to provide you with information and advertisements about their respective goods and / or services (to the advertisers see also point 4 and in particular point 4.2 including link to our advertiser overview). As the platform is available free of charge, this is necessary, among other things, for us to maintain the operation of the platform. You hereby expressly consent to the use of this data in accordance with point 3.4 and we therefore ask you to actively tick off the relevant information as part of your account creation process). You may revoke your consent to the use of your personal data for the purpose of submitting information about and promoting the goods and / or services of our advertisers at any time by modifying your account setting. You can find this setting in your account at http://jafila.com/overview&p=profile
  1. Third party advertisements - Our advertisers and data protection consent
    1. Jafila offers third parties the opportunity to advertise their respective goods and services on the platform itself or also to the respective individual users (eg by e-mail to the e-mail announced by you in your account or in the course of your account creation -mail, in chat, through private messages sent through the forum or other community features, or through impressions in your user profile).
    2. These third parties are subsequently called "advertisers". An up-to-date list of all advertisers and their goods and / or services can be found here: http://jafila.com/business.
    3. We will update this list on a regular basis and ask you to read this list regularly, even though we will keep you up to date with the list of updates using your contact details (eg the e-mail address you provided) that you provide to us in your account or announce in the course of your account creation.
    4. With regard to the advertising of the goods and / or services of our respective current advertisers, we ask you again for special attention to point 3.4: If you no longer want to receive advertising for the goods and / or services, you can give your consent under point 3.4 revoke at any time by changing your account setting.
  1. The Jafila community and duties of the user
    1. Should Jafila run an (unmoderated) chat, an (unmoderated) forum, another (unmoderated) community feature, (unmoderated) social media features, or an (unmoderated) "good deeds" feature on the platform (individually or collectively, "Jafila -Community ", the following applies in particular to the corresponding use:
    2. The reading of publicly accessible entries, posts and messages is also possible without an account in the Jafila community. Each user has to abide by the following rules:
      1. The Jafila community is strictly a technical platform: Jafila merely provides users with storage space in connection with the publication of content by users in order to publish their content and make it accessible to other users.
      2. Jafila expressly does not endorse the content that users post.
      3. These user content is neither moderated nor reviewed by Jafila, especially since this content is the content of third parties.
      4. Jafila can not guarantee that the Jafila community is compatible with the user's technical equipment.
    3. Moreover, Jafila undertakes no obligation to maintain the Jafila community uninterrupted and accessible on the internet at any time. Jafila is entitled to suspend or discontinue services and services for an indefinite period for internal reasons, such as maintenance. Planned interruptions will - as far as possible - be announced in advance on the platform.
    4. The content of a content published by the user is the sole responsibility of the user. The user may only properly use the Jafila Community in accordance with these Terms of Use and in compliance with Austrian law. In particular, every user is required to
      1. not to misuse the Jafila community, in particular to stop any illegal or immoral content or to refer to such information and posts by hyperlinks that infringe rights of third parties or are unlawful (eg violations of personality, copyright, trademarks , Competition and other rights of third parties);
      2. not to use the Jafila Community to transmit Content that is offensive or defamatory, or that does not demonstrably propagate true allegations of fact to third parties that are likely to disparage or discredit third parties in public opinion, and information that is appropriate are to jeopardize the reputation of others or to cause other disadvantages for their acquisition or advancement;
      3. the honor to preserve the privacy, integrity and dignity of others;
      4. to publish any content, data, text, images, files, links, software or other content that is contrary to legal provisions, in particular unlawful, harmful, threatening, abusive, harassing, libelous, vulgar, obscene, hateful, inflammatory, racist or incorrect or harm others;
      5. to publish any content in user contributions that the user is not entitled to pass on (eg due to secrecy obligations, etc.).
      6. to provide or make available to the Jafila community no media that are harmful to minors and information that is pornographic, immoral or in any other way objectionable;
      7. not to send mass e-mails via the Jafila community to those users who do not wish to do so or who have no legal basis for sending them;
      8. to take into account the accepted principles of data security and in particular to ensure that its systems, content, scripts or programs are designed to pose a risk to the operation of other systems - in particular the use of automated mechanisms, automated software, Robots, crawlers, spiders and / or scripts.
      9. the backup of his submitted contributions and data on his own responsibility; this also applies to newly set contents that may be lost in the process of setting;
      10. to use the Jafila Community to disseminate any propaganda material from a Party or other organization declared by the Constitutional Tribunal or any other means of propaganda or propaganda inciting hatred against sections of the population or against a national, racial, religious or ethnic group or invoke arbitrary measures against them or attack the human dignity of others by insulting, maliciously despising or defaming parts of the population or any of the aforementioned groups
      11. Do not use the Jafila community to disseminate information that merely serves to publicize a political or ideological commitment
      12. by means of the Jafila Community, not to disseminate information that offers or advertises products or services for commercial purposes, if the dissemination of advertising between Jafila and the user has not been expressly agreed as a (separate) part of the contract;
      13. not to disseminate, through the Jafila Community, any information that offers and / or promotes drugs, narcotics and mind-altering substances, weapons and weapon accessories, hardware and software for decrypting copyrighted information and content, and other articles that are against the Halal Violate or whose application and / or sale is subject to legal restrictions or prohibitions;
      14. not distribute any information and / or files through the Jafila Community that may interfere with, damage or destroy any software or hardware, including computer viruses, worms, Trojans and denial-of-service software.
    5. Each user further agrees and guarantees
      1. to make no false or misleading statements about his person;
      2. not to use or publish any personal information or other information of any other user, in any way whatsoever;
      3. to observe the principles of netiquette, in particular respect and courtesy;
      4. By granting Jafila any content, such as contributions, texts, images, sound files and videos, to grant a free, unlimited, non-exclusive and irrevocable right of use to the respective contents and also to the individual components. The right to use includes all current and future exploitation activities including the right to be processed in any possible and future possible technical process and in possible further exploitation paths. Therefore, Jafila is under the protection of moral rights and the personality right of the hiring user in particular entitled to use the uploaded content for their own - including commercial or commercial - purposes, reproduce, disseminate, translate, wired or wirelessly on call for public disposal (online, access and transfer), to archive and to record in databases, as well as to use in print media of all kinds (in particular newspapers and magazines), and also - be it against payment or free of charge - for the above purposes to third parties , In particular, Jafila is entitled to process the content posted by the users to the extent that this is necessary for graphical representation, editorial reasons and / or for connection to other works. The right to use also includes the use of advertising for Jafila and its services. If Jafila has been granted rights, Jafila is entitled to use but is not obligated to exercise these rights. Jafila may transfer or sublicense all rights granted to it to third parties in whole or in part, for a fee or free of charge;
      5. in the case of photographs / photos published by the user, to be fully liable for the fact that neither the use of the photo according to the preceding paragraphs nor the photo (s) / photo (s) itself interferes with the rights of third parties; that the consent of the persons depicted is available for publication - in particular also in the advertising context (see point 5.5.4);
      6. if the user himself is not the owner of the rights to any content he has provided, the Jafila user is responsible for ensuring that the content owner has consented to the transfer of rights in accordance with the above provisions. The user considers this - as for all the above
    6. The content offered by Jafila is protected by copyright and / or other intellectual property rights (eg trademark rights). Their use is therefore subject to the applicable copyright and other protective laws. This also applies to content that is posted or otherwise published by other users. Any use of this content, in particular its duplication, distribution, processing, public provision by the user is only permitted with the express permission of the respective copyright holder. If the user wishes to use this content, he must obtain the necessary authorizations from the rights holders themselves at their own expense and risk.
    7. In any case, Jafila is entitled to delete all contents of the Jafila Community at any time and without replacement, especially if it only appears that they are (party) political, immoral and / or unlawful contents. From this, however, no obligation to derive from Jafila.
  1. Liability and warranty
    1. Jafila excludes all liability for any damage caused by Jafila, neither intentionally nor through gross negligence. However, this limitation of liability does not apply to personal injury or legally binding liability.
    2. Jafila's liability for the accuracy of the information provided on the Platform is excluded, unless Jafila has knowingly provided false information to itself on the Platform.
    3. The limitations of liability according to point 6.1 also apply to the representatives, employees and / or vicarious agents of Jafila.
    4. The legal warranty right applies. The accuracy of the information provided on the Platform is excluded, unless Jafila has knowingly provided false information to itself on the Platform.
  1. Applicable law
    1. Austrian law applies exclusively, excluding its referral norms and the UN Sales Convention. By this choice of law, the user, if he is a consumer, is by no means limited in his compelling rights of his native country.
  1. final provisions
    1. The ineffectiveness or unenforceability of any provision of these Terms of Use shall not affect the validity of the remaining provisions. An ineffective or unenforceable provision shall be deemed replaced by an effective and enforceable provision which comes closest to it in the economic sense and purpose. The same applies to any gaps.

GENERAL TERMS AND CONDITIONS FOR ADVERTISERS AND PREMIUM ADVERTISERS ON THE JAFILA PORTAL

  1. Your entrepreneurial quality
    1. The Jafila portal offers companies the opportunity to advertise their own goods and / or services on the portal or to the portal users.
    2. The use of the portal is subject to the terms of use for the Jafila Portal ("Terms of Use" for short). You can access these Terms of Use here: http://jafila.com/terms.
    3. If you advertise your own goods and / or services on the portal or against the portal users,
      1. guarantee that you are an entrepreneur within the meaning of the Austrian Consumer Protection Act ("KSchG") and therefore not a consumer, whereby you indemnify and hold Jafila harmless in this regard, and without fault, and
      2. You agree to these terms and conditions and the terms of use and accept them, these terms and conditions of the Terms of Use in case of contradictions.
  1. Advertising on the platform: Advertisers and Premium Advertisers
    1. As an advertiser, you can use the features of the platform to promote your own goods and / or services for a fee, according to Jafila's applicable price lists. For the current or future planned functions of the platform, see in particular point 1.2 of the Terms of Use. The valid Jafila price list can be found here: http://jafila.com/business
    2. In addition, we also offer you a Jafila Premium Package, which allows you as a premium advertiser to benefit from additional features and / or perks on the portal. The Jafila premium package costs net per calendar month [STANDARD: EUR 19.90] [ENTERPRISE: EUR 14.90] [PROFESSIONAL: EUR 9.90] (plus VAT and excl. Of all taxes and duties, in particular advertising fees) and offers you the the following advantages to the following conditions (for the contract period and termination options, see point 2.10 - please also note that according to point 2.10, neither aliquot payments nor aliquot reimbursements are possible, so it is up to you to choose the best time for you Conclusion of the contract, whereby you should plan a reasonable lead time for the actual conclusion of the contract - see also point 2.4, for payment, maturity or due dates as well as for the payment options see point 5):
      1. Keywords and search engine optimization (also known as "Search Engine Optimization" or "SEO") by Jafila;
      2. You may create offers and postings that are visible to such users or displayed to those users who select your company and / or your individual product (s) or service (s) as "favorites" and thus "favor" them " to have;
      3. You receive our customer support for premium advertisers in the form of
        1. Answering your questions by email to support@jafila.com within (period, eg 2 working days or 48 hours)
      4. You can view online statistics relating to the preferences of your company or individual product (s) or service (s) that users have made;
      5. During the contract period of your Jafila Premium contract, you will receive a discount on all advertising net prices, which are listed in the applicable price list of Jafila (see also point 2.1);
      6. You can set up a title picture on your profile page, which you can change yourself at any time (to the extent of the technical or layout-technical possibilities);
      7. You can edit your profile page yourself, writing the text yourself and posting pictures there, as well as changing your texts and pictures yourself at any time (to the extent of the technical or layout-technical possibilities);
      8. Your advertisement will also be displayed in the Jafila app, which is designed for mobile devices (smartphones and tablets) (if technically or layout-technically possible and appropriate); and
      9. You can (depending on the actual availability) take part in special advertising packages, which we will give you in case of need separately (eg coupon booklets, events, other promotions and offers from Jafila). However, there is no claim that Jafila offers and / or carries out such special promotional packages.
      10. The contract for the Jafila Premium Package is valid for [STANDARD 6 months] calculated from the conclusion of the contract. If you conclude the Jafila Premium Package contract not on the first of the month, but only in the course of a month (eg on 2:11, 15:11 or 29:11), but still the monthly price and there will be no aliquot payments, or aliquote reimbursements of this price instead. At the end of this contract period, the Jafila Premium Package contract will not be renewed automatically. After the expiration of your Jafila Premium Package contract, you must conclude a new contract with Jafila at the then current conditions, if you so wish. You can terminate the Jafila Premium Package contract at the end of each month, giving one month's written notice (eg by letter or email). For the timeliness of the termination is the arrival at Jafila authoritative.
      11. With regard to the payment, its due date (s) and the payment options, point 5 of these terms and conditions applies.
    3. All advertising is subject to the requirements of point 5 of the Terms of Use. Point 5 of the Terms of Use shall therefore apply mutatis mutandis to any advertising. Jafila may refuse and / or delete any ad that does not meet these requirements without Jafila being liable to you for any disadvantages or other substitution or substitution.
    4. Each contract is only concluded when your contract conclusion request or your offer for the conclusion of the contract by Jafila has been accepted in writing (eg by email). A message (such as an e-mail) from Jafila, according to which your contract conclusion request or offer to conclude a contract with Jafila has not yet been accepted by Jafila.
  1. Scope of these Terms
    1. These terms and conditions apply from 01.02.2017. We reserve the right to change or amend these terms and conditions at any time without prior notice. The terms and conditions of use preceding their use, as well as their respective validity periods, can be found at the following link: http://jafila.com/terms.
    2. Any changes and / or additions to these Terms and Conditions will not affect your ongoing Jafila Premium Package Agreement until it expires or is otherwise terminated.
  1. Liability and warranty
    1. Jafila excludes all liability for any damage caused by Jafila, neither intentionally nor through gross negligence. In the case of gross negligence, Jafila's liability shall be limited in amount to the sum of the prizes already paid by you and irrevocably received by Jafila.
    2. These disclaimers and limitations also apply to the representatives, employees and / or vicarious agents of Jafila.
    3. The warranty is excluded. This applies in particular - but not exclusively - to the continuous availability of the platform and / or the advertisements located thereon and / or via them. Jafila makes no commitments regarding up- and downtimes of the platform. Jafila does not make any promises that your advertising will even reach the users, especially as they can use ad blocking.
  1. Payment, due date (s) and payment options<
    1. All prices have to be paid in advance. For Jafila Premium Package contracts, the monthly price is also due in advance, on the first of each month for the respective calendar month (ie January 1 for January, February 1.2 for February, March 1.3 for March etc.).
    2. You can pay conveniently by bank transfer or direct debit. If you wish to pay by bank transfer, please use our following account details: ACCOUNT HOLDER: DIARAT GMBH IBAN: AT363200200000027458 BIC: RLNWATW1002 Bank code: 32002 If you want to pay by direct debit, please use the SEPA direct debit mandate form at the end of these terms and conditions and return You signed the appropriate separated section to our top contact information in these terms and conditions.
    3. The statutory default interest pursuant to § 456 of the German Commercial Code ("UGB") applies, ie interest of 9.2 percentage points above the base rate.
    4. Any taxes and fees - in particular advertising duties - are borne by you alone.
    5. Offsetting against Jafila with claims of any kind is only permitted if these are undisputed, acknowledged in writing or legally established.
  1. Applicable Law and Jurisdiction
    1. Austrian law applies exclusively, excluding its referral norms and the UN Sales Convention. The exclusive place of jurisdiction for all claims and any disputes arising from and on the basis of this contract and in connection with its execution is the court having jurisdiction for the first district in Vienna, Austria.
  1. final provisions
    1. The invalidity or unenforceability of individual provisions of these Terms and Conditions does not affect the validity of the remaining provisions. An ineffective or unenforceable provision shall be deemed replaced by an effective and enforceable provision which comes closest to it in the economic sense and purpose. The same applies to any gaps.