Terms of Service

TERMS OF USE FOR THE JAFILA PORTAL

as per january 1st 2019

  1. The platform
    1. Jafila provides you with the information and offers on the platform free of charge on the basis of these terms of use. Such information and offers, which may include advertisements, are provided by third parties and not by Jafila, unless expressly identified as originating from Jafila.
    2. Jafila will also provide or already provides you with interaction opportunities based on these Terms of Use. Jafila will make every effort to continually expand the range of interaction opportunities available. These already existing or planned future interaction possibilities are in particular the following:
      1. Chat feature: Jafila may operate an unmoderated chat feature on the Platform so that you can chat with other users who are currently on the Platform or logged into their Platform account (see also point 5).
      2. Social media functions: Jafila may also operate other social media functions on the Platform that enable you to communicate with other users who are currently on the Platform or logged into their platform account. You can post photos, comments or your current status (e.g. "[User XYZ is currently at [restaurant, shop or other location]) in certain areas of the Platform, such as on the Timeline (see also point 5 ).
      3. Marketplace Funktion: Jafila may also operate a small ads-like area on the Platform where you can offer your goods or services to other users who are currently on the Platform or logged into your Platform account. (see also point 5.).
    3. You do not enter into any agreements with Jafila other than these Terms of Use and the Privacy Policy 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 purchase or offer goods or services on the Marketplace, the corresponding (contractual) relationship arises directly between you and the user who sells or receives the goods or services to or from you.
      2. If you redeem or claim a voucher, discount or other promotion from a third party advertising or otherwise appearing on the platform, the relevant (contractual) relationship arises directly between you and such third party.
    4. In any case, Jafila only acts as the operator who makes the platform available. Jafila is not an intermediary. Jafila therefore accepts 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 01.01.2019. We reserve the right to change or supplement these Terms of Use at any time without prior notice.
    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. To use the features of the platform to the fullest extent possible you need an account in which you are logged in during your 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. Ultimately, we want to use the personal information you provide to us when you create an account, in particular your email address, but also to enable our advertisers to send you information and advertisements about their respective goods and/or services (for advertisers, see also point 4). As the platform is available to you free of charge, this is necessary for us, among other things, to maintain the operation of the platform. You hereby expressly consent to this use of data in accordance with this point 3.4. You can revoke your consent to the use of your personal data for the purpose of transmitting information about and advertising for the goods and/or services of our advertisers as set out in this point 3.4 at any time by sending us an appropriate email to data-protection@jafila.com, whereby your revocation has no effect on the legality of our data processing in this regard until we receive your revocation (Article 7.3 GDPR). (please also read our data protection policy in this regard)
  1. Third party advertisements - Our advertisers and data protection consent
    1. Jafila offers third parties the opportunity to advertise their respective goods and services offers on the platform itself or to individual users (e.g. by sending an e-mail to the e-mail address you have provided in your account or in the course of your account creation, in chat, by sending private messages via the forum or other community functions, or by displaying them in or on your user profile).
    2. With regard to advertising for the goods and/or services of our current advertisers, we also ask you to pay special attention to point 3.4: If you no longer wish to receive advertising for the goods and/or services, you can revoke your consent at any time by sending us an e-mail to data-protection@jafila.com, whereby your revocation has no effect on the legality of our data processing in this regard until we receive your revocation (Article 7.3 DSGVO). (please also read our data protection policy in this regard)
  1. The Jafila community and duties of the user
    1. Should Jafila operate a (unmoderated) chat, a (unmoderated) forum, another (unmoderated) community function, (unmoderated) social media functions or a marketplace function (individually or jointly "Jafila Community") on the platform, the following applies in particular to the corresponding use:
    2. All registered users can write public postings. The reading of publicly accessible entries, contributions and messages, apart from those posted on the timeline, is also possible in the Jafila community without an account. Each user must 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 user is solely responsible for the content of anything published by the user. The user may only use the Jafila Community in an appropriate manner in accordance with these Terms of Use and in compliance with Austrian law. In particular, each user is obligated,
      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 in nature or that does not demonstrably disseminate true factual claims about third parties, that are likely to disparage third parties or degrade public opinion, or information that is likely to jeopardize another's reputation or otherwise harm their acquisition or progress;
      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 not 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. To grant Jafila with the setting of any content, such as contributions, text, images sound files and videos free, unrestricted in content, space and time, repeated non-exclusive and irrevocable right of use to the content and the individual components. The right of use includes all current and future exploitation actions including the right to processing in any possible and future possible technical process and in possible further exploitation paths. Jafila is therefore particularly entitled, while safeguarding the author's personal rights and the personality rights of the user, to use the posted content for its own purposes - including commercial or other purposes, and to use, reproduce, disseminate, translate, make it available to the public on demand (online, access and transmission rights), archive and store in databases, as well as use in print media of all kinds (in particular newspapers and magazines), and also - whether in return for payment or free of charge - to make them available to third parties for the aforementioned purposes. Jafila is particularly entitled to process the content posted by the users to the extent that this is necessary for graphic representation, for editorial reasons and/or for connection with other works. The right of use also includes the use for advertising for Jafila and its services. Insofar as Jafila has been granted rights, Jafila is entitled to use them, but is not obliged to exercise these rights. Jafila may transfer or sublicense all rights granted to it in whole or in part, for consideration or free of charge, to third parties;
      5. to assume unlimited liability for ensuring that in the case of publication of photographs/photos , the use of the photograph is in accordance with the above paragraphs, and that the photograph(s)/photo(s) themselves don't interfere with the rights of third parties, as well as for ensuring that the consent of the persons depicted for publication - and in particular also in the advertising context (see point 5.5.4) - is given;
      6. that if the user is not the owner of the rights to a content posted by him, he/her is liable for the fact that the person entitled to the content has agreed to the transfer of the rights in accordance with the above provisions.
    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. Jafila is in any case entitled to delete all contents of the Jafila community at any time and without substitution, in particular if there is only the appearance that it concerns (party) political, immoral and / or illegal contents. However, Jafila is not obliged to derive from this.
  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. 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. 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 invalidity or unenforceability of individual provisions of these Terms of Use shall not affect the validity of the remaining provisions. An invalid or unenforceable provision shall be deemed to be replaced by a valid and enforceable provision which comes as close as possible to the economic sense and purpose of the invalid or unenforceable provision. The same applies to any loopholes.

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

as per january 1st 2019

  1. Your entrepreneurial status
    1. The Jafila Portal offers companies the opportunity to advertise their goods and/or services on the Portal or to portal users.
    2. Use of the Portal is subject to the Terms of Use for the Jafila Portal.
    3. If you advertise your goods and/or services on the Portal or to the Portal Users,
      1. You warrant that you own a business within the meaning of the Austrian Consumer Protection Act (“KSchG”) and are therefore not a consumer, and that you will fully indemnify and hold Jafila harmless in this respect, regardless of fault,
      2. and agree to and accept these Terms and Conditions as well as the Jafila Portal Terms of Use and the Jafila Ad Manager's Advertising Guidelines, whereby these Terms and Conditions take precedence over the Terms of Use and Advertising Guidelines in the event of contradictions.
  1. Advertising on the platform: advertisers and premium advertisers
    1. As an advertiser you can use the functions of the platform to advertise your own goods and/or services for a fee in accordance with Jafila's valid price lists. For the current and planned future functions of the platform, see in particular point 1.2 of the Terms of Use for the Jafila Portal.
    2. In addition, we also offer you a Jafila Premium Package with which you as a Premium Advertiser can benefit from additional functions and/or discounts on the Portal. The Jafila Premium Package costs EUR 11.99 net per calendar month (plus VAT and excl. all taxes and levies, in particular advertising levies) and offers you the following advantages subject to the following conditions (for the contract term and termination options, please see point 2.2.11 - please also note that according to point 2.2.11 neither aliquot payments nor aliquot refunds are possible, so it is solely up to you to find the optimal time for the 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, due dates and payment options see point 5):
      1. Your Premium Page(s) will receive top rankings in all search results: Keyword 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 all users of the Platform or that are displayed to users who have selected and "favoured" your Company and/or your individual product(s) or service(s) as a "Favourite";
      3. With the help of the Jafila Designer, you can edit and supplement your Premium Page(s) at any time, compose the texts for them yourself, upload images and add other relevant information to your company (to the extent that this is technically possible or technically feasible);
      4. You can link your Premium Page(s) directly to your social networks;
      5. During the term of your Jafila Premium Contract you will receive a 20% discount on all net advertising prices listed in Jafila's current price list. You can create and manage your advertising campaigns with just a few steps in the Jafila Ad Manager;
      6. Your advertising is also displayed in the Jafila App, which is designed for mobile devices (smartphones and tablets) (as far as technically and layout technically possible and appropriate);
      7. You may offer an unlimited number of goods for sale on the online marketplace of the Jafila Portal;
      8. You may view the following statistics on your premium pages online: Favorites of your company or your individual goods or services, number of visits to your page(s), number of visitors to your page(s), browser data of the visitors, countries of origin of the visitors, access via the desktop or mobile version. The statistics provide a daily, weekly, monthly or annual overview;
      9. You will receive free expert tips and support from our customer support. Please use the following e-mail address: support@jafila.com
      10. You may (subject to actual availability) participate in special promotional packages which we may separately announce to you (e.g. voucher booklets, events, other promotions and offers from Jafila). There is, however, no claim that Jafila offers and/or carries out such special advertising packages.
      11. The contract concerning the Jafila Premium Package is valid for 12 calendar months calculated from the conclusion of the contract. If you do not conclude the Jafila Premium Package contract on the first of the month, but only in the course of a month (e.g. on 2.11, on 15.11. or on 29.11), the monthly price still applies and neither aliquot payments nor aliquot refunds of this price take place. After expiration of this contract period the Jafila Premium Package contract will be extended automatically. You can terminate the Jafila Premium Package contract at the end of any month by giving one month's written notice (e.g. by letter or email). For the timeliness of the cancellation the arrival at Jafila is decisive.
      12. With regard to payment, its due date(s) and payment options, point 5 of these GTC applies.
    3. Each advertisement is subject to the requirements of point 5 of the Terms of Use for the Jafila Portal. This is therefore applicable to all advertising. Jafila is entitled to reject and/or delete without replacement any advertisement that does not meet these requirements, without Jafila being liable to you for any disadvantage or other compensation or substitute performance.
    4. Any contract is only concluded when your contract conclusion enquiry or offer has been accepted by Jafila in writing (e.g. by email). A message (e.g. an email) from Jafila that Jafila has received your Contract Request or Contract Offer does not constitute such acceptance by Jafila.
  1. Scope of application of these AGB
    1. These General Terms and Conditions shall apply from 01.01.2019. We reserve the right to amend or supplement these General Terms and Conditions at any time without prior notice.
    2. Any changes and/or amendments to these GTC have no effect on your current Jafila Premium contract until it expires or has otherwise been terminated.
  1. Liability and warranty
    1. Jafila excludes all liability for any damage caused by Jafila neither intentionally nor through gross negligence. In the event of gross negligence, Jafila's liability is limited to the sum of the prices already paid by you and irrevocably received by Jafila.
    2. These exclusions or limitations of liability also apply to Jafila's representatives, employees and/or vicarious agents.
    3. Warranty is excluded. This applies in particular - but not exclusively - to the continuous availability of the platform and/or the advertisements located on it and/or accessible via it. Jafila makes no promises whatsoever regarding up- and downtimes of the platform. Jafila also makes no promises whatsoever that or whether your advertising will be received by the users, especially as they can use advertising blockers.
  1. Payment, due date(s) and payment options
    1. All prices are to be paid in advance. For Jafila Premium Package contracts, the monthly price is also payable in advance, on the first day of each month for that calendar month (i.e. 1.1. for January, 1.2. for February, 1.3. for March, etc.).
    2. You can pay conveniently by bank transfer, direct debit, PayPal or credit card (Visa, Mastercard, American Express, Discover).
      If you would like to pay by bank transfer, please use our bank account details below:

      Account holder: DIARAT GMBH
      IBAN: AT36320020000000027458
      BIC: RLNWATW1002
      Bank code: 32002
    3. The statutory default interest in accordance with § 456 of the Commercial Code ("UGB") shall apply, i.e. interest in the amount of 9.2 percentage points above the base rate.
    4. Any taxes and fees - in particular advertising charges - shall be borne by you alone.
    5. Jafila may only set off claims of any kind against it if they are undisputed, acknowledged in writing or have been finally determined by a court of law.
  1. Applicable law and jurisdiction
    1. Austrian law shall apply exclusively to the exclusion of its reference standards and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all claims and any disputes arising out of or in connection with this contract shall be the competent court for the first district in Vienna, Austria.
  1. Final provisions
    1. The invalidity or unenforceability of individual provisions of these GTC shall not affect the validity of the remaining provisions. An invalid or unenforceable provision shall be deemed to be replaced by a valid and enforceable provision which comes as close as possible to the economic sense and purpose of the invalid or unenforceable provision. The same applies to any loopholes.