RUNATIVE GENERAL TERMS AND CONDITIONS
Effective date: July, 2018
Last modified: July, 2018
Website(s) covered: www.runative.com
These Terms & Conditions apply to each visitor of Our Website(s) which are owned and/or operated by RUNATIVE LTD (“Runative” or “US”), Cyprus Limited Liability registration number: HE377480 whose registered office is located at: 132 Arch. Makariou III, Sagro Building, 3021 Limassol, CYPRUS, its parent, affiliates, or subsidiaries (hereinafter “Runative” “we”, “us”, or “our”).
By continuing to use and access our website and its various features and functions, you hereby agree and acknowledge that you have read, understood and are hereby agreeing to be bound by these Terms & Conditions. If you do not agree to do so, then please do not access our Website or any services on it. Furthermore please note that You are solely responsible for periodically checking for any changes in these present Terms & Conditions. Any such changes shall be posted on our Website.
1. Right of accessing and using the Website
We hereby grant you a limited non-transferrable right to access and use Our Website in accordance with the Terms & condition found herein. Title rights, ownership rights, intellectual property and other IP rights in respect to the Website, and either in whole or in part, remain with Us.
You hereby acknowledge that we hereby reserve the right and in our sole discretion to modify and/or discontinue the Website or any of its features. Furthermore, we reserve the right and in our sole discretion on whether to offer any support, upgrades, updates, add-on patches, enhancements or fixes for the Website.
Mere access by You of Our Website or mere permitted uses of this Website does not give you any rights, titles or interests in any content of this Website.
You do not have any license to use or reproduce any of Our logos, trademarks or any other intellectual property;
The trademarks, logos, services marks, business and trade names displayed on our Website are protected whether registered or not.
Any unauthorised use of Our content or information to be found on the Website and any unauthorised reproduction, transmission and/or retransmission or other use of any part of the Website may infringe Ours or 3rd Party copyrights, trademarks, privacy, publicity, or other rights. This includes (but is not limited to), the use of automated systems or software to extract data from Our Website for commercial purposes (also known as screen scraping), unless in cases where you have our express written permission.
Whilst using Our Website, you hereby agree not to and also not to permit any other 3rd party to:
a) Link to our Website any content which is:
- Of Adult Nature and which might include nudity, sexual terms, sexual acts, sexual images or activities;
- Indecent, offensive, defamatory, libellous, or contains slanderous or other illegal content;
- Infringing upon the rights of any 3rd Party, including but not limited to copyrights, trademarks, other IP rights, privacy, publicity or other personal and/or proprietary right, or content which is deceptive, fraudulent and/or misleading;
- Religiously provocative;
- Political in nature or which promotes hate, hate crimes, criminal or terrorist activities; or
- Can be identified as hate speech and whether this is directed to individuals and/or groups and whether such hate speech targets one’s race, ability and/or disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of any such individual and/or group.
b) Remove, conceal, or alter any copyright, trademark, hyperlink, or other proprietary and other intellectual property rights notices contained within our Website;
c) Modify, alter, adjust, take apart, decompile, translate, reverse engineer, or otherwise attempt to uncover the source code or structure, sequence, and organisation of our Website and its content;
d) Use Our Website in a way which might harm, incapacitate, overburden or in any way damage Our Website, RUNATIVE LTD, any 3rd Party websites or on which Our Platform is available, or any other person or entity; or
e) Collect any information (including, but not limited to e-mail addresses) about other Users of Our Website; create or transmit unsolicited e-mails to other Users of Our Website; or otherwise interfere with such Users’ enjoyment of Our Website;
Unless We expressly authorise you to do so under these Terms & conditions or in any other manner, you may NOT take any action which might affect Our Website or other User’s use of Our Website.
By accepting these Terms & Conditions, you specifically agree and consent not to copy, reproduce, modify, create derivative works from, distribute, publicly display or screen scrape any content from Our Website without our prior written consent. You further agree not to bypass any measures that we might have in place in order to prevent or restrict access to Our Website.
You further hereby agree not to use Our Website and its content for any illegal purposes (including but not limited to any unlawful activities, harassment, to disseminate libellous content, to invade a 3rd Party’s privacy, to be abusive or for any threatening actions or any obscene purposes).
You further agree and undertake that You will comply with all relevant and applicable laws related to your use of Our Website.
Also, you hereby agree warrant and undertake that you will only use your own identity whilst registering for any services of Our platform and also that you will ensure that all information you provide is accurate and up to date to the best of your knowledge.
4. Limitation on Liability and Disclaimers
ALL PROVISIONS SET OUT IN THE SECTION BELOW SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
OUR WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SO YOU SHALL USE THE WEBSITE AT YOUR OWN RISK. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE OR CONTENT CONTAINED THEREIN OR THE FUNCTIONS CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOURSELF (AND NOT US) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION OF ANY OF YOUR SYSTEMS. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH OUR WEBSITE. IN NO EVENT SHALL WE, OUR PARENT, ANY SUBSIDIARY OR AFFILIATED COMPANIES, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORISED ACCESS TO OR USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM, OR VIA THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE WEBSITE, OR (VI) OTHERWISE RESULTING FROM THE USE OF THE WEBSITE. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED FIVE EUROS.
To the fullest extent permissible pursuant to applicable law, you agree that you will defend, indemnify, and hold Us, our parent, subsidiary and affiliated companies, each of the foregoing entities’ respective employees, officers, directors, representatives and agents harmless from any and all claims, demands, causes of action, damages, losses, costs, and expenses in any way arising out of your use of the Website in violation of these Terms & Conditions, including without limitation (i) all matters related to your access to and use of any of Our online services, including, but not limited to, your use of Our Website, (ii) your violation of any provision contained in these Terms & Conditions; (iii) your violation of any 3rd Party right, including but not limited to any copyright, intellectual property, or privacy right; (iv) any claims that your use of Our Website caused damage to a 3rd Party, and/or (v) violations of any and all applicable laws, rules, or regulations from any jurisdiction.
6. Links to Other Websites
Our Website, may contain links to 3rd Party websites or applications. These links are provided as a convenience to you. We do not, cannot and are not responsible for the content of such 3rd Party websites or applications or the conduct of the operators of such other 3rd Party websites or applications, and furthermore we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality, or decency of any of the content or other materials on any such 3rd Party websites or applications. We would like you to urge you to exercise caution whilst browsing the Internet. If you decide to access linked 3rd Party websites or applications, you do so at your own risk. Your use of any 3rd Party websites or applications are subject to the applicable policies of those third parties.
We reserve the right, at any time and in its sole discretion, to discontinue the use of Our Website in whole or in part, and prevent any person or entity from accessing Our Website. Upon termination for any reason, Sections 5 6 and 9 shall survive said termination.
This Agreement will be governed by and interpreted according to the laws of the Republic of Cyprus. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Cypriot courts.
If any provision of these Terms & Conditions (or part thereof) is held or found to be invalid and/or unenforceable by a Court of competent jurisdiction, then said provision (or part thereof) shall be deemed severable from the remaining Terms & Conditions and shall bear no effect on the validity and enforceability of any remaining provisions. Said invalid or unenforceable provision (or part thereof) shall then be replaced by a valid and/or enforceable, as the case may be, provision (or part thereof) which is as close to the intention of the parties as possible.
Failure by Us to assert or enforce any of the provisions of these present Terms & Conditions, or to exercise any rights and/or remedies emanating under these Terms & Conditions, cannot be construed as a waiver of Our right to assert or rely upon any such provisions, rights, or remedies in that or any other instance. Rather, the same will be and remain in full force and effect.
No waiver by Us of any term and/or provision of these present Terms & Conditions shall be considered as a further and/or or continuing waiver of such term and/or provision or any other term and/or provision.
9. INVOICING POLICY
By acceptance of these Terms and Conditions, it shall be deemed that you, hereinafter referred to as the self-billee, and Runative LTD, hereinafter referred to as the self-billed, have entered into the Self-Billing Agreement. You will not issue any sales invoices to RUNative from the date of acceptance of these Terms and Conditions.
Your invoice will be issued automatically and made available through the platform. You agree to the terms and to comply with all relevant requirements with respect to self-billing as specified below:
- To accept invoices raised by the self-biller on your behalf from the date of acceptance of these Terms and Conditions;
- Not to raise sales invoices for the transactions covered by this agreement;
- To notify the self-biller immediately and update the company and/or personal details on RUNative platform if you:
- change your VAT registration number;
- change your name, address;
- cease to be VAT registered; or
- sell your business, or part of your business.
All invoices will be raised based on the Runative platform statistics unless stipulated otherwise in a separate agreement with Runative LTD.
Acceptance of each payment confirms acceptance of each self-billed invoice and constitutes ongoing nature of this agreement.
For any questions you might have in respect to these Terms & Conditions you may contact Us by e-mail at: email@example.com