Effective from: November 23rd 2020
The site (portal.safarway.com), including the application, is owned by the Hungarian company DULCIMAR INVEST ZRT. (portal.safarway.com) website Privacy policies also available on a separate page, click here.
1.3. The purpose of the Terms is to regulate the relations between the operator of the Website (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website.
1.4. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
1.5. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.6. The Service is active and accessible at all hours of the day at every day, and You may use it at all times including uploading content to Your Account at any time. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
1.8. It is hereby clarified that You declare, warrant and understand that any of Your use and reliance on information available in the Service is at Your own responsibility and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur to You and/or to Your business resulting from Your use of the Service including a claim that You did not use other Services. For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users to manage its account, and it is the responsibility of the User to use the Service efficiently.
1.9. Access to some of the sections of the Website is subject to payment of subscription fees, and the Operator reserves its rights at any time and under its sole discretion to charge any costs for any use of the Website or the Website’s features, in whole or in part, and You will not have any claims against the Operator in such case.
1.10. For the avoidance of any doubt, the Operator serves solely as a platform which enable its Users to manage Your business and clients, and the Operator does not determine any interaction between You and Your clients and has no control over any of Your communication with Your clients via the Service
“Content” means the Website, content appearing in the User Account including images, videos, audio, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
“Service” means the Website, the user account including its instructions, other related products and services, storage services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“Account” means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.
“Website Errors” means any interruption in the Website’s availability due to reasons which are not directly controlled by the Operator.
“You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.
3. Subscription Terms
3.1. Users subscribing to the Service of the Website (the “Subscribers”) will be bound to the following terms in addition to all the Terms in this agreement.
3.2. In order to use the Services provided by the Operator, the User must subscribe to the Service by filling a form and providing details as requested by the Operator. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a subscription request and/or cancel a subscription plan, for any reason, under its sole discretion and without providing such reason.
3.3. It is possible to subscribe for several subscription plans at prices appearing in the Website. The Operator may change the prices at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases.
3.4. Subscribing to the Service is subject to a fee as decided by the Operator from time to time. The Operator reserves its right to increase or decrease such fee and/or to change the available subscription plans at its sole discretion and without any prior notice. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
3.5. Any subscription plan will be automatically renewed until cancelled by the User, and in case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
3.6. The User may pay via credit card or any other method as determined by the Operator.
3.7. Should a Subscriber not settle any payment of subscription fees, the Subscriber’s Account may be blocked and all of the Content in the Account may be deleted and the User shall not have any claims against the Operator in such case. It is clarified that cancellation of the subscription will not exempt the User from paying any unpaid fees, and the Subscriber will not be entitled to any refund of amounts paid by it.
3.8. It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.
3.9. The Operator reserves its rights to shut down the Website or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the Subscribers will not be entitled to any refund and/or payment deduction paid by them for the Services.
3.10. The subscription is personal and non-transferrable.
4. Liability and Limitation of Liability
4.1. It is hereby clarified that the Operator is not liable for any communication between You and Your clients which you manage via the Service.
4.2. It is clarified that the Services of the Operator shall not be considered as a replacement for storage and/or backup services and therefore the Operator shall not be liable for any loss and/or deletion of data and content uploaded by the User for backup and/or storage purposes.
4.3. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from any reliance on any Content and Service available in the Website including any claim for loss of information. The User shall have no claim regarding his reliance on information available on the Website and regarding the fact that based on the information the User did not use other services. You will have no claim regarding information published in the Website and the Operator shall not be liable for any information published on the Website and/or information acquired by third parties through the Website.
4.4. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the Website.
4.5. The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or content uploaded by You.
4.6. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
4.7. You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in content You uploaded and/or sent, whether received or sent by You or not.
4.8. The Operator has no responsibility for any of the management of Your clients via the Service, and it is Your responsibility to verify all the relevant details regarding the above. Any claims and/or demands You may have regarding any of Your clients including, but not only, any dispute between You and Your clients via the Service should be addressed to the third party including such clients, and you shall have no claim against the Operator regarding such client.
4.9. The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.
5. Intellectual Property
5.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
5.2. Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
5.3. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
5.4. You may use the Content solely for Your own personal use and not make any commercial use of the Content except for any use related to Your tasks. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.
5.5. You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
5.6. The Operator may, at its sole discretion, add to the content uploaded by the User which will appear in the Website (e.g. photos, videos and more) its name, logo or any other text.
5.7. The ownership and the intellectual property rights of contents of third parties including images displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
5.8. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email.
6. User’s Warranties
6.1. You hereby warrant to the Operator that You will not send through the Website to any third party which its details are available in the Website any advertising materials and/or any content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or application containing viruses, malicious software and harmful applications, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website users and its advertisers.
6.2. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
8. Use of Personal Information
8.2. Upon registration, You will be requested to choose a username and a password and provide some personal details. Such details are necessary in order to allow You to access limited areas in the Website. It is Your responsibility to keep such details with discretion and to update Your username and password occasionally so only You will be able to use them. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.
9.1. The Operator may offer to all its users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).
9.2. Upon registration, You will be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
10.1. The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
10.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
11. Term and Termination
11.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
11.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.
11.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
11.4. The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
11.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
12. General Terms, Governing Law and Messages
12.2. The Account is personal and non-transferrable.
12.3. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
12.4. This Agreement shall be governed by and construed in accordance with the laws of the State of Hungary. Each party consents to and agrees that each party is subject to the exclusive jurisdiction of the courts of Budapest for any litigation and/or dispute arising out of this Agreement.
12.5. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with confirmation of safe receipt.