Dated: August 2019
This document sets out the terms that you agree to abide by when using this site and other Akrea Telematix content. All references to “Akrea Telematix” mean Akrea Ltd., an EU company, registered and domiciled in Bulgaria, corporate ID 205518172. The following rules and regulations apply to all visitors to or users of the Akrea, Akrea Telematix website, Akrea Telematix social media, and other content created by Akrea / Akrea Telematix (collectively, the “Site”), including all pages maintained by Akrea Telematix and accessed through the Site, the home page of which is at www.akreatelematix.com. Please carefully read and review the following terms and conditions (collectively, the “Terms”), as they govern your use of the Site. By accessing our Site, you agree to abide by these Terms. If at any time you do not agree to these Terms, please do not enter or use our Site.
BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These Terms constitute the entire Agreement and understanding between you and Akrea Ltd. regarding your access and use of the Site. We are providing you access to our Site conditioned upon your complying with these Terms. If you violate these Terms, we reserve the right to seek any and all available legal remedies available to us. We may terminate your access to our Site at any time for any reason in our sole discretion and without prior notice to you.
These Terms may be revised periodically and you are responsible for complying with any changes posted on the Site, and your continued use of our Site following our posting any revisions to these Terms constitutes your agreement to be bound by the revised Terms. We reserve the right, at any time and in our sole discretion, to revise these Terms & Conditions, as we deem necessary. Any and all changes will take effect once posted.
You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Akrea Telematix’s infrastructure; (v) not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on the Site. You agree not to use the services available at the Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to the Site.
2. Intellectual Property
All information and material including data, images, text and audio on the Site is the property of Akrea Ltd. and/or its licensors and is subject to copyright. All trademarks on the Site are the property of Akrea Ltd. and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
All software used on the Site is the property of Akrea Ltd. or its software suppliers. Akrea Ltd. hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
The Site may contain links to (i) non-Akrea Telematix sites, or (ii) Akrea Telematix material that is hosted on third-party websites. These links are provided to you only as a convenience. Such linked sites are not under the control of Akrea Ltd. and Akrea Ltd. is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Akrea Ltd. of the site, and Akrea Ltd. shall have no responsibility for information which is referenced by or linked to the Site. To the maximum extent allowed by law, you further acknowledge and agree that Akrea Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through the Site. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Akrea Ltd. has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any of our web pages is prohibited absent express written permission from us. Framing, inline linking or other association of the Akrea Ltd. And/or Akrea Telematix Site or its materials with links, advertisements and/or other information not originating from our Site is expressly prohibited.
5. No Warranties
Without limiting the foregoing, Akrea Telematix does not make any warranty that (i) the services offered on the Site will meet your requirements, (ii) the services offered on the Site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the content or information available on the Site is complete, accurate or available, or (v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Akrea Ltd. or through this Site shall create any warranty not expressly made herein.
Akrea Ltd. is a telematics services integrator and the content of this Site is not intended to nor does it convey legal, accounting, tax, career, or other professional advice of any kind. Anyone viewing information contained in this post or site should not act upon it without seeking professional counsel. In short, the Site’s content should not be relied upon or used as a substitute for consultation with professional advisors. The Site’s content concerns topics selected by Akrea Telematix for dissemination to the general public, and is offered on a blind basis, without any knowledge as to your industry, identity, or specific circumstances.
6. Limited Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, AKREA LTD. AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
You shall indemnify, defend, and hold harmless Akrea Ltd. and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of content available at the Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) your use of the content available on the Site in any way contrary to this agreement (iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, (vii) any dispute between you and a Vendor or Buyer arising out of a transaction initiated via the Site, (viii) alleged errors or omissions or misrepresentations in the information provided by you to Akrea Ltd. hereunder or in the listings of services on the Site. You are prohibited from settling any action, claim or demand on our behalf without our prior written consent. Akrea Ltd. shall have the right to conduct any litigation, with counsel of its choice, at your expense.
You acknowledge that Akrea Ltd. or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Site. Akrea Ltd., in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Akrea Ltd. in its sole discretion deems inappropriate or that violates any term or condition of this Terms & Conditions Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.
9. Provision of Data
You agree that Akrea Ltd. may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Akrea Ltd. believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. Akrea Ltd. / Akreatelematix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under the Site (or any part thereof) with or without notice. You agree that Akrea Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Site. Notwithstanding any other provisions herewith, paragraphs 5 (No Warranties), 6 (Limited Liability), 7 (Indemnity), 10 (Termination) and 11 (General) shall survive its termination and shall continue in full force and effect.
The Site is created, controlled and maintained by Akrea Ltd., an EU company, registered and domiciled in Bulgaria, corporate ID 205518172, and the laws of Bulgaria govern this Terms & Conditions Agreement. Akrea Telematix does not imply that the materials published on the Site are appropriate for use outside of the European Union. If you access the Site from outside of the European Union, you do so on your own initiative and you are responsible for compliance with local laws.
Any waiver of any right or provision of this Terms & Conditions Agreement will be effective only if signed by an officer of Akrea Ltd. and the failure of Akrea Ltd. to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Akrea Ltd. reserves the right to make changes to the Site and this agreement at any time.
Akrea Ltd. reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Akrea Ltd. may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Akrea Ltd. receives complaints from users of the Site regarding listed services.
The rights and limitations in this Terms & Conditions Agreement are for the benefit of Akrea Ltd. and a person who is not a party to this agreement has no right to enforce any term of this Terms & Conditions Agreement.
Akrea Telematix respects the intellectual property rights of third parties. If you believe that anything on our Site infringes upon any copyright which you own or control, please notify us at email@example.com.
Akrea Ltd. and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Akrea Ltd. or its affiliates or licensors and are protected by Bulgarian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Akrea Telematix Site. Your misuse of the trademarks displayed on the Akrea Telematix Site is strictly prohibited.
You are not permitted to assign any of your rights under this agreement without the prior written consent of Akrea Telematix.
You may not issue any press release or make any public statement regarding your use or participation in the Site without the prior written permission of Akrea Telematix.
You and Akrea Telematix are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship between you and Akrea Telematix is intended or created by this Terms & Conditions Agreement.
“Akrea Telematix”® is a trademark of Akrea Ltd. and its affiliates.
12. Buyers and Vendors
All Vendors of services are herein referred to as “Vendors”. All buyers of services are herein referred to as “Buyers.” You are responsible for verifying the identity of Buyers or Vendors and for your decision to enter into a transaction with a Buyer or Vendor. We will have no obligation for and we undertake no obligation to verify the credit rating of, or other information with respect to, any Buyer or Vendor and we make no representation or warranty to you with respect to any Buyer or Vendor or their services.
13. Akrea Telematix’s role in the transaction
Akrea Telematix is a marketing and information platform not involved in the actual transaction between any Buyers and Vendors. As a result, Akrea Telematix has no control over the quality, fitness for purpose or legality of the services advertised, the truthfulness, completeness or accuracy of the listings, the ability of the vendors to sell the services or the terms and conditions of any transaction between a Buyer and Vendor. We cannot ensure that a Buyer and Vendor will complete a transaction.
Akrea Telematix is not a party to the actual transaction between the Vendors and Buyers and as a result, Akrea Telematix has no control or responsibility for the ability of Vendors to sell, or Buyers to buy, services listed on the Site.
Akrea Telematix is not responsible for any breach by a Vendor or Buyer of the terms of any transaction or associated transaction-related activities. You agree to proceed solely against the applicable counterparty to collect or recover any amounts owing to you or to enforce any of your rights in connection with or as a result of transactions entered on the Site, and you hereby irrevocably and unconditionally release Akrea Telematix from any and all such actions.
15. Regulatory Provisions
- You Are Responsible for Selecting Products & Services. We and our affiliates, may provide a venue through which you can obtain information and you find third-party service providers and other professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of qualified professionals who are fully aware of your individual circumstances before you make any business decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
- Akrea Telematix is Not a Service Provider. We are not a Service Provider. Instead, we help to connect you with Interested Prospects and/or Service Providers that may meet your needs and/or capabilities, based on information provided by you. We do not, and will not, make any decision with any Service Provider or interested Buyer.
- No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available based on your specific needs.
- You Do Not Pay Fees to Us. Unless you are a Service Provider or otherwise agreed, we do not charge you a fee to use our services. Service Providers may pay us fees for services and to be matched with users of our services. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
- Fees and Payments. Access and use of our services is free. Access and use of our services is free. At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, and with prior notice to you, change this policy and begin charging for access to our services and other features and services, and we may add, remove or change the features and services we offer at any time.
- Requests for Consultancy, Advice, Quotes or Offers. Our services may give you the opportunity to request to be matched with and receive quotes or offers from Service Providers.
We make no guarantee that you will be matched with a Service Provider/s if you submit a request.
If you make a request, then you expressly authorize Service Providers and us to contact you by telephone and email at the numbers and addresses provided in your request, for purposes of providing you with the quotes, products and services indicated in your request or for marketing purposes related to your request. You consent to receive calls from Service Providers and us, even if the phone number that you provided on your request is on any “Do Not Call” list. You also consent to Service Providers and us making recorded calls to remind you of deadlines or other issues in connection with your request.
You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by us or a Service Provider.
Not all of the products and services referenced on the Site are available in every period and through every representative or advisor listed. For additional information, please contact us at firstname.lastname@example.org.