TERMS AND CONDITIONS
Last Updated
27
March
2020
1. Agreement
to Terms
1.1 These Terms and Conditions
constitute a legally binding agreement made between you, whether personally or on behalf of an
entity (you), and
Bulrosa OÜ
, located at Narva mnt 5
,
Tallinn,
Harju
10117
Estonia
(we, us), concerning your access to and use of the Bulrosa.com (https://www.bulrosa.com) website as well as
any related applications (the Site).
The Site provides the following services:
Services over Internet, Software and Applications
(Services). You agree that by accessing the Site and/or Services, you have
read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of
these Terms and Conditions, then you are prohibited from using the Site and Services and you
must discontinue use immediately. We recommend that you print a copy of these Terms and
Conditions for future reference.
1.2
The supplemental policies
set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may
be posted on the Site from time to time, are expressly incorporated by
reference.
1.3
We may make changes to
these Terms and Conditions at any time. The updated version of these Terms and Conditions will be
indicated by an updated “Revised” date and the updated version will be effective as soon as it is
accessible. You are responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Site represents that you have accepted such
changes.
1.4
We may update or change the
Site from time to time to reflect changes to our products, our users' needs and/or our business
priorities.
1.5
The information provided on the Site is
not intended for distribution to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
1.6
The Site is intended for
users who are at least 18 years old. If you are under the age of 18, you are not permitted to
register for the Site or use the Services without parental permission.
1.7
Additional policies which also apply to your use of the Site include:
● Our Privacy Notice http://bulrosa.com/privacy/privacy-policy.html, which
sets out the terms on which we process any personal data we collect from you, or that you provide to
us. By using the Site, you consent to such processing and you warrant that all data provided by you
is accurate.
● If you
purchase
physical goods
, digital goods
, services
, software
, and/or content
from the Site, our terms and conditions of supply http://bulrosa.com/terms/terms-of-use.html will apply to the
sales,
use, and licence.
● Certain parts of this Site can be used only on payment of a fee.
2. Acceptable Use
2.1
You may not access or use
the Site for any purpose other than that for which we make the site and our services available. The
Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
2.2
As a user of this Site, you
agree not to:
●
Make improper use of our support services, or submit false reports of abuse or
misconduct
●
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords
●
Engage in unauthorized framing of or linking to the Site
●
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any content or
enforce limitations on the use
●
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users to send unsolicited email or creating user accounts under false
pretenses
●
Systematically retrieve data or other content from the Site to a compile
database or directory without written permission from us
●
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and extraction
tools
●
Interfere with, disrupt, or create an undue burden on the Site or the networks
and services connected to the Site
●
Attempt to impersonate another user or person, or use the username of another
user
●
Use any information obtained from the Site in order to harass, abuse, or harm
another person
●
Sell or otherwise transfer your profile
●
Use the Site or our content as part of any effort to compete with us or to
create a revenue-generating endeavor or commercial enterprise
●
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site
●
Attempt to access any portions of the Site that you are restricted from
accessing
●
Harass, annoy, intimidate, or threaten any of our employees, agents, or other
users
●
Delete the copyright or other proprietary rights notice from any of the
content
●
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code
●
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material that interferes with any party’s uninterrupted use and enjoyment of
the Site, or any material that acts as a passive or active information collection or
transmission mechanism
●
Use, launch, or engage in any automated use of the system, such as using
scripts to send comments or messages, robots, scrapers, offline readers, or similar data
gathering and extraction tools
●
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
●
Use the Site in a manner inconsistent with any applicable laws or regulations
●
Advertise products or services not intended by us
●
Misrepresent experience, skills, or information about a User
●
Threaten users with negative feedback or offering services solely to give
positive feedback to users
● Falsely imply a relationship with us or another company
with whom you do not have a relationship
3. Information you provide to us
3.1
You represent and warrant that: (a) all registration information you submit will be true,
accurate, current, and complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as necessary; (c) you will keep your
password confidential and will be responsible for all use of your password and account; (d) you have the
legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental permission to use the
Site.
If you know or suspect that anyone other than you knows
your user information (such as an identification code or user name) and/or password you must promptly
notify us at hello@bulrosa.com.
3.2
If you provide any information that is
untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove
or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may
link your account with online accounts you may have with third party service providers (each such
account, a Third Party Account) by either: (a) providing your Third Party Account login
information through the Site; or (b) allowing us to access your Third Party Account, as is permitted
under the applicable terms and conditions that govern your use of each Third Party
Account.
You represent that you are entitled to disclose your
Third Party Account login information to us and/or grant us access to your Third Party Account without
breach by you of any of the terms and conditions that govern your use of the applicable Third Party
Account and without obligating us to pay any fees or making us subject to any usage limitations imposed
by such third party service providers.
3.4 By granting us access to any Third Party Accounts,
you understand that (a) we may access, make available and store (if applicable) any content that you
have provided to and stored in your Third Party Account (the “Social Network Content”)
so that it is available on and through the Site via your account, including without limitation any
friend lists; and (b) we may submit and receive additional information to your Third Party Account to
the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and
subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable
information that you post to your Third Party Accounts may be available on and through your account on
the Site. Please note that if a Third Party Account or associated service becomes unavailable or our
access to such Third Party Account is terminated by the third party service provider, then Social
Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection
between your account on the Site and your Third Party Accounts at any time. Please note that
your relationship with the third party service providers associated with your third party accounts
is governed solely by your agreement(s) with such third party service providers. We make
no effort to review any Social Network Content for any purpose, including but not limited to, for
accuracy, legality or non-infringement, and we are not responsible for any Social Network
Content.
You acknowledge and agree that we may access your email
address book associated with a Third Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of those contacts who have also
registered to use the Site. At your email request to hello@bulrosa.com or
through your account settings (if applicable), we will deactivate the connection between the Site and
your Third Party Account and attempt to delete any information stored on our servers that was obtained
through such Third Party Account, except the username and profile picture that became associated with
your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to
the Site or send feedback to us (User Content). You understand and agree that your User
Content may be viewed by other users on the Site, and that they may be able to see who has posted that
User Content.
4.2 You further agree that we can use your User Content for any other
purposes whatsoever in perpetuity without payment to you, and combine your User Content with
other content for use within the Site and otherwise. We do not have to attribute your User
Content to you.
4.4 You warrant that any User Content does
comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach
of that warranty. This means you will be responsible for any loss or damage we suffer as a result of
your breach of this warranty.
4.5
We have the right to remove
any User Content you put on the Site if, in our opinion, such User Content does not comply with the
Acceptable Use Policy.
4.6
We are not responsible and
accept no liability for any User Content including any such content that contains incorrect
information or is defamatory or loss of User Content. We accept no obligation to screen, edit or
monitor any User Content but we reserve the right to remove, screen and/or edit any User Content
without notice and at any time. User Content has not been verified or approved by us and the views
expressed by other users on the Site do not represent our views or values
4.7
If you wish to complain about User
Content uploaded by other users please contact us at hello@bulrosa.com or use the take down or report button.
5.
Our
content
5.1 Unless otherwise indicated, the Site and
Services including source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (Our Content) are owned or licensed to
us, and are protected by copyright and trade mark laws.
5.2
Except as expressly
provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
5.3
Provided that you are
eligible to use the Site, you are granted a limited licence to access and use the Site and Our
Content and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use.
5.4
You shall not (a) try to
gain unauthorised access to the Site or any networks, servers or computer systems connected to the
Site; and/or (b) make for any purpose including error correction, any modifications, adaptions,
additions or enhancements to the Site or Our Content, including the modification of the paper or
digital copies you may have downloaded.
5.5
We shall (a) prepare the
Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection
software to try to block the uploading of content to the Site that contains
viruses.
5.6
The content on the Site is
provided for general information only. It is not intended to amount to advice on which you should
rely. You must obtain professional or specialist advice before taking, or refraining from taking,
any action on the basis of the content on the Site.
5.7
Although we make reasonable efforts to update the information on our
site, we make no representations, warranties or guarantees, whether express or implied, that Our
Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications
operated by third parties.We do not have any influence or control over any such third party websites or
applications or the third party operator. We are not responsible for and do not endorse any third party
websites or applications or their availability or content.
6.2
We accept no responsibility for adverts
contained within the Site. If you agree to purchase goods and/or services from any third party who
advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such
goods and/or services and if you have any questions or complaints in relation to them, you should
contact the advertiser.
7. Site
Management
7.1 We reserve the right at our sole
discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2)
take appropriate legal action against anyone in breach of applicable laws or these Terms and
Conditions; (3)
refuse, restrict access to or availability of, or disable (to the extent technologically
feasible) any of your Contributions;
(4)
remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way a burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site and Services.
7.2
We do not guarantee that
the Site will be secure or free from bugs or viruses.
7.3
You are responsible for configuring your information technology,
computer programs and platform to access the Site and you should use your own virus protection
software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify,
or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. We also reserve the right to modify or discontinue all or part of the Services without
notice at any time.
8.2
We cannot guarantee the
Site and Services will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or Services during any downtime or discontinuance of the
Site or Services.We are not obliged to maintain and support the Site or Services or to supply any
corrections, updates, or releases.
8.3
There may be information on
the Site that contains typographical errors, inaccuracies, or omissions that may relate to the
Services, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an
as-is and as-available basis. You agree that your use of the Site and/or Services will be at your
sole risk except as expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute, custom or usage, a course of
dealing, or common law) in connection with the Site and Services and your use thereof including,
without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose
and non-infringement are excluded to the fullest extent permitted by applicable
law.
We make no warranties or representations
about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or
omissions in content: (2) any unauthorized access to or use of our servers and/or any and all
personal information and/or financial information stored on our server; (3) any interruption or
cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan
horses, or the like which may be transmitted to or through the site by any third party. We will not
be responsible for any delay or failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event beyond our reasonable
control.
9.2 Our responsibility for loss or damage
suffered by you:
Whether you are a consumer or a business
user:
● We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. This includes liability for death or personal
injury caused by our negligence or the negligence of our employees, agents or subcontractors and for
fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and
Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our
breach of these Terms and Conditions, but we would not be responsible for any loss or damage that
were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary
contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be limited to a total
aggregate amount equal to the greater of (a) the sum of
100 EUR
or (b) the amount paid, if any, by you to us for the Services/Site
during the six (6) month period prior to any cause of action arising.
Different limitations and
exclusions of liability will apply to liability arising as a result of the supply of any products to
you, which will be set out in our Terms and conditions of supply http://bulrosa.com/terms/terms-of-use.html
.
If you are a business user:
We will not be liable to you for any loss
or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection with:
● use of, or inability to
use, our Site/Services; or
● use of or reliance on any
content displayed on our Site.
In particular, we will not be liable
for:
● loss of profits, sales,
business, or revenue;
● business
interruption;
● loss of anticipated
savings;
● loss of business
opportunity, goodwill or reputation; or
● any indirect or consequential
loss or damage.
If you are a consumer user:
● Please note that we only provide our Site
for domestic and private use. You agree not to use our Site for any commercial or business purposes,
and we have no liability to you for any loss of profit, loss of business, business interruption, or
loss of business opportunity.
● If defective digital content that we have
supplied, damages a device or digital content belonging to you and this is caused by our failure to
use reasonable care and skill, we will either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are
faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice
Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal
rights.
10. Term
and Termination
10.1 These Terms and Conditions shall remain
in full force and effect while you use the Site or Services or are otherwise a user of the Site, as
applicable. You may terminate your use or participation at any time, for any reason, by following
the instructions for terminating user accounts in your account settings, if available, or by
contacting us at hello@bulrosa.com.
10.2
Without limiting any other
provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without
notice or liability, deny access to and use of the Site and the Services (including blocking certain
IP addresses), to any person for any reason including without limitation for breach of any
representation, warranty or covenant contained in these Terms and Conditions or of any applicable
law or regulation.
If we determine, in our sole discretion,
that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable
law or regulation, we may terminate your use or participation in the Site and the Services or delete
your profile and
any content or information that you posted at any time, without warning, in our sole
discretion.
10.3
If we terminate or suspend
your account for any reason set out in this Section 9, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
11.
Mobile Application
11.1 If you access the
Services via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on wireless
electronic devices owned or controlled by you, and to access and use the mobile application
on such devices strictly in accordance with the terms and conditions of this license.
11.2 For business
users only - You will not:
(a) reverse engineer, decompile or otherwise try to
discover the source code of the software/application unless you have first written to us
requesting interoperability information and we have failed to provide you with that
information or if we have failed to offer to provide you with interoperability
information on reasonable conditions";
(b) make any modification, adaptation, improvement,
enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in
connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice
(including any notice of copyright or trade mark) posted by us or the licensors of the
application;
(e) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed or
intended;
(f) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time;
(g) use the application for creating a product, service or
software that is, directly or indirectly, competitive with or in any way a substitute
for the application;
(h) use the application to send automated queries to any
website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture,
licensing or distribution of any applications, accessories or devices for use with the
application.
11.3
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an App Distributor) to access the
Services:
(a) The
licence granted to you for our mobile application is limited to a non-transferable licence
to use the application on a device that utilizes the Apple iOS or Android operating system,
as applicable, and in accordance with the usage rules set forth in the applicable App
Distributor terms of service;
(b) We are
responsible for providing any maintenance and support services with respect to the mobile
application as specified in these Terms and Conditions or as otherwise required under
applicable law. You acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application;
(c) In the
event of any failure of the mobile application to conform to any applicable warranty, you
may notify an App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile application, and to the
maximum extent permitted by applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the mobile application;
(d) You
represent and warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. government list of prohibited
or restricted parties;
(e) You
must comply with applicable third party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in breach of their
wireless data service agreement when using the mobile application; and
(f) You
acknowledge and agree that the App Distributors are third party beneficiaries of these Terms
and Conditions, and that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce these Terms and Conditions against you as a third party
beneficiary thereof.
12. General
12.1 Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
You hereby agree to the use of
electronic signatures, contracts, orders and other records and to electronic delivery of
notices, policies and records of transactions initiated or completed by us or via the
Site. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of credits by other than
electronic means.
12.2
These Terms and Conditions
and any policies or operating rules posted by us on the Site or in respect to the Services
constitute the entire agreement and understanding between you and us.
12.3
Our failure to exercise or
enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such
right or provision.
12.4
We may assign any or all of
our rights and obligations to others at any time.
12.5
We shall not be responsible
or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable
control.
12.6
If any provision or part of
a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part
of the provision is deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.
12.7
There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these Terms
and Conditions or use of the Site or Services.
12.8 For consumers
only - Please note that
these Terms and Conditions, their subject matter and their formation, are governed by English
law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction
expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern
Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you
have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in
relation to the Site please follow this link http://ec.europa.eu/odr
12.9 For business users only - If you
are a business user, these Terms and Conditions, their subject matter and their formation (and any
non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive
jurisdiction of the courts of England and Wales.
12.10
Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have
no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms
and Conditions.
12.11
In order to resolve a
complaint regarding the Services or to receive further information regarding use of the Services,
please contact us by email at hello@bulrosa.com or by post
to:
Bulrosa OÜ
Narva mnt 5
Tallinn,
Harju
10117
Estonia