Legal / Imprint

TERMS & CONDITIONS

Last updated: February 22, 2024

 

These Terms and Conditions (“Terms” or “Agreement”) represent a binding agreement between GELD DATA doo, EU VAT: HR27972234767, Selska cesta 90A, Zagreb (hereinafter: the BuyerFy) as a service provider and Service User (hereinafter: the User ). It is important that You understand Your responsibilities and the limitations to the services which You choose to use. Our services are diverse and as a result additional service specific terms may apply. If this is the case, these service specific terms shall become part of Our agreement. BuyerFy shall list services that You will be using in the Business Proposal, which shall form part of this Agreement.

Please use Our services responsibly. By using Our website or any of Our services, You agree to Our Terms. Take note that these Terms change from time to time. If You have used Our services before, You cannot assume that the Terms are still the same. You should review them on a regular basis as the same will be published online with the date of the last change noted at the top.

 

1. INTRODUCTION

1.1. You wish to use BuyerFy services (meaning services as provided under these Terms; hereinafter “Service,” or the “Services”).

1.2. Unless differently specified in clause 1.4 Bmeans the locally incorporated BuyerFy in Your country of registration, in the event there isno locally incorporated BuyerFy , it shall mean GELD DATA LTD, a company registered in the Croatia and whose registered office is situated at Selska 90A, Zagreb  (hereinafter „BuyerFy“; „We“; „Our“; „Us“).

1.3. You wish to use the Services and We are willing to make the Services available to You subject to and in accordance with these Term.

 

2. BINDING EFFECT

2.1. You are entering into a binding agreement. If You accept these Terms of use of Our Service on behalf of Your employer or another person, You confirm that You have the consent of Your employer or that person to act on their behalf. THESE TERMS APPLY TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON BuyerFy's WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

2.2. You are not eligible to accept these Terms or use Our Services if You are not of legal age to form a binding contract with Us or if You are barred by law to use Our services.

2.3. In the event there is an agreement in place between You and BuyerFy for any or all Services used, such agreement shall have precedence of application before these Terms.

2.4. Additional or conflicting terms contained in Your purchase order, standardized form or correspondence shall have no force or effect.

3. THE SERVICE

The Service enables a Customer to use Our mobile services as set out as part of Your online registration. Any such billable unit under the Services shall be referred in these Terms and Conditions as a “Chargeable Event”.

Any individual Service that You will use under these Terms shall be provided in accordance with the respective particulars, that You accept, as found on https://www.buyerFy.io (the “Service Description“). By accepting these Terms, You accept the application of the Service Description and confirm that you are familiar with them. BuyerFy reserves the right to change or modify the Service Description at any time and in its sole discretion.

4. AVAILABILITY AND INTERRUPTION OF THE SERVICE

4.1. We will make the Services available to You using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, Your ability to access and/or use the Services and the conducting of any given Chargeable Event may depend upon factors beyond Our reasonable control, including (but not limited to):

• Factors affecting the operation of the Services and/or preventing Chargeable Event from being successfully conducted such as, by way of example, geographical or topographical shortcomings in the network of any telecommunications network operator (“Network Operator”), network capacity, physical obstructions or atmospheric conditions; or
• Factors preventing end-users from receiving Chargeable Events such as, by way of example, the terms and conditions of an end-user’s service provider.

4.2. We cannot therefore guarantee:

• That the Services will be available to You at all times or free from faults or interruptions;
• The receipt by any intended recipient of any Chargeable Event sent using the Services (as applicable).

4.3. We will not be in any way liable for any failure to make the Services available to You to the extent that such failure results from a technical or other failure on the part of any Network Operator or any other event which is beyond Our reasonable control. We provide all services “as is” and “as available”, and We hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights.

4.4. We may, at Our sole discretion, alter or improve the Services We provide to You at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.

4.5. It may be necessary from time to time for Us to suspend the Services that We provide to You for routine or emergency maintenance and/or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension.

• We may at Our sole discretion suspend Your access to the Services and/or cease to allow any Chargeable Events to be conducted by You at any time. We are entitled to terminate these Terms for any reason, in which case We will give You appropriate notice as soon as is reasonably possible.
• Should Your account utilized in the provision of BuyerFy  Service be inactive through a period of 6 (six) months, it remains in BuyerFy’s discretion to suspend BuyerFy Services to You. You can reactivate the account with a request to BuyerFy sent 3 (three) working days prior to the required reactivation.

5. ACCOUNT, PASSWORDS AND SECURITY

5.1. In order to provide Our services, We may require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate any service if You give information that is not complete and accurate. You warrant that all information You provide to Us is complete and accurate and You indemnify BuyerFy against any liability that may arise as a result of Your failure to provide complete and accurate information. You must immediately notify Us if any of Your information changes.

5.2. We will provide You with a user name or customer ID or ask You to choose authentication credentials for each account. We may change, cancel or suspend Your account, which You will be notified about.

5.3. You:

• must keep Your username, customer ID, password, ApiKey, login token or any other secret authentication credential confidential;
• must not circumvent, or attempt to circumvent, Our user authentication systems;
• must inform Us immediately of any unauthorized use of Your account or any other breach of security, including suspected doubts of such scenarios;
• are entirely responsible for all payments and any activities that occur on Your account;
• are liable for any damage, loss or costs that we or any third party may sustain as a result of any of your actions, or any actiony use of Your authentication credentials, account name or account information by a third party or as a result of Your violation of this section.
• are responsible for authorized and unauthorized use of Your account in case any of the security recommendations (point 5.4) are not or had not been implemented from Your behalf at the moment of questionable activity on Your account (i.e. in scenarios where, due to Your inability to implement maximum security measures available at your disposal, a potential unauthorized activity had taken place). This includes (list not exhaustive): service login, subsequent data insight, sending messages traffic, payments. Responsibility for these activities includes assuming liability for any damage, loss or costs that BuyerFy or any third party may sustain as a result of these activities;
• must cooperate with Us during the resolution of potential unauthorized use of Your account, regardless of its cause and source of initial reporting.

5.4. You are mandated to comply with Information security terms, available on the following link -> https://www.buyerfy.io/policies/information-security-terms. For any questions, as well as in case of security compromise of your authentication credentials (username & password, ApiKey), You should contact BuyerFy immediately via support@buyerfy.io

6. CONFIDENTIALITY AND DATA PROTECTION

6.1. You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by Your professional advisors for the performance of their professional services. When using Our Services, you shall comply with all laws and regulations applicable to the use of the Services and with Our Terms or any other terms as agreed between us.

6.2. Please refer to Our Privacy Notice for details on personal data processing with respect to Our Services.

6.3. With respect to the processing of personal data of your end-users that you provide to us through our Services, You are the controller and BuyerFy is the processor. You guarantee that you have obtained all required and valid consents under the applicable data protection laws and regulations (such as the EU General Data Protection Regulation) as required for the processing of personal data by BuyerFy for the performance of our Services. The Data Processing Agreement is incorporated herein by reference and forms a part of these Terms as if set forth herein in its entirety.

 

7. SUPPORT SERVICES

7.1. Unless We agree otherwise in writing, We will provide on-line technical support via email in respect of the Service available to You at the following e-mail address: support@buyerfy.io

8. CUSTOMER CHARGES AND PAYMENT

8.1. You agree to pay all Charges due to Us in respect of making the Service available to You and Your access to and use of the Service (“Customer Charges”) by the prepayment method and in accordance with the terms as set hereof.

8.2. You agree to pre-purchase credits for each month of the Agreement or such other period as is agreed between us, in which case We will allocate to You a corresponding credit. Each Chargeable Event that You conduct using the Service will therefore reduce the value of the credits available to You by the corresponding amount.

8.3. Any change in prices that might occur for one or more destinations shall be communicated do You via email and/or noted on our website. Such changes will be effective immediately unless differently noted when communicated.

8.4. You shall be solely responsible, by seeking adequate Chargeable Event credit allocation(s) and checking Your remaining available Chargeable Event credit level on Our website, for ensuring that You have enough Chargeable Event credits to meet Your requirements from time to time and We shall not be in any way responsible or liable in the event that You have insufficient Chargeable Event credits to meet Your requirements, and/or have exceeded Your Chargeable Event credit allocation(s), for any period.

8.5. For the avoidance of doubt, a Charge will be incurred for every Chargeable Event conducted by You regardless of whether it is successfully delivered.

8.6. If You do not pay any Customer Charges in accordance with the applicable payment terms, We reserve the right to, in Our sole discretion, suspend Your access to the Service and/or cease to allow any Chargeable Event to be conducted by You until further payment is received by Us which fully covers any unpaid Charges.

8.7. You are responsible for the payment of all bank and finance charges. Please ensure that the amount received on Our bank account, after deductions, corresponds to the full amount you owe Us.

8.8. You will not be able to receive any refund for the payment made (“No refund, exchange only”). The latter shall not prevent any refund to be made according to the applicable customer protection laws.

8.9 The credits are valid twelve (12) months from the prepayment.

9. MARKETING

Parties hereby grant each other the right to use and display each other’s name and logo („Trademarks“) for promotional means on the respective websites or other promotional material, however, restricted solely in connection with the services provided under this Agreement. Any usage under this clause shall be done according to the proprietor Party’s guidelines as they may be provided from time to time. Neither Party shall use the other Party’s Trademarks in any manner that will disparage, harm or otherwise damage the other Party’s goodwill in its Trademarks. The Party using the Trademarks shall not, at any time, misuse the same or present itself as an affiliate or other legal agent of the Party whose Trademarks are being used. Any rights and linked usage of Trademarks granted under this Section shall be immediately discontinued in the event this Agreement is terminated.

10. RULES OF USE

10.1. You warrant that You will not:

• Use the Services or permit the Services to be used to send Chargeable Events to any end-user for marketing purposes without that end-user’s explicit request for, or prior consent, to receiving them. If you are sending any Chargeable Event for commercial purposes to any of Your end-users, You must abide by the telephone marketing practices of the end-users’ jurisdiction, including but not limited to, obtaining prior express written consent from those end-users, and give all end-users the right to opt out of receiving any further Chargeable Events sent by You for commercial purposes (and You shall promptly process any end-user’s election to opt out);
• Use the Services or permit the Services to be used to convey Chargeable Events to any end-user, with a frequency and in numbers which are excessive in Our reasonable opinion;
• Use the Services or permit the Services to be used for any improper, fraudulent, immoral or unlawful purpose;
• Use the Services or permit the Services to be used for the transmission of any material which is of a defamatory, offensive, illegal, abusive, obscene or menacing character or nature;
• Use the Services or permit the Services to be used in a manner that infringes the intellectual property rights or any other proprietary rights of any third party; or
• Use the Services or permit the Services to be used in a manner that may injure or damage any person or property or cause the quality of the Services to be impaired.

10.2. You will at all times during the duration of the Agreement:

• Send only Chargeable Events that comply with all applicable laws, regulations and Codes and that contain nothing which is likely to cause offense in view of the generally prevailing standards of decency and propriety from time to time;
• Comply with all reasonable directions and instructions issued by Us from time to time in relation to the Services;
• Comply with and observe at all times all applicable laws, regulations and Codes and any directions, recommendations and decisions of any Regulator; and
• Not act in any manner likely to bring Us, the Service or any Network Operator into disrepute.

10.3. In the event BuyerFy has reason to believe CLIENT content being transmitted is unauthorized, prohibited, in any way illegal or otherwise not allowed, BuyerFy has the take any steps or measures necessary to safeguard both BuyerFy’s as well as the Network Operator’s security. Furthermore, BuyerFy shall not be liable or obligated to deliver such messages to the End-User(s) nor shall the CLIENT be entitled to seek refunds, chargebacks or other forms of compensation in relation to the messages from this section.

10.4. You will, upon request, provide Us or any Network Operator or Regulator with any information relating to Your use of the Services that the requesting party reasonably requires. You are responsible for ensuring that any information relating to Your end-users, including (but not limited to) Your end-user Data, is accurate and complete.

10.5. You will not state or imply any approval by Us of any particular Chargeable Event that You send using the Services or refer to Us in any way without Our prior written approval.

10.6. Where requested by Us, You will promptly provide Us with a representative Forecast of Your Service needs for the requested period, including (but not limited to) all reasonable details required for Us to plan network capacity requirements.

10.7. We may, at Our sole discretion cease to convey, and You will promptly cease to transmit at Our request, any Chargeable Event.

10.8. You warrant that You are the sole owner or licensor of all rights in Your End-User Data or You have obtained all necessary rights, licenses and consents from all relevant third parties to enable You, Us and Our sub-contractors to use the End-User Data for the purposes of the Agreement.

10.9. CLIENT represents and warrants to BuyerFy that it shall, when using the BuyerFy Services in order to reach End-Users in South Africa, comply with the Wireless Application Service Providers Association’s (WASPA) Code of Conduct in force from time to time (https://waspa.org.za/code-of-conduct/). The Code of Conduct is primarily aimed at consumer protection with specific references, which primarily include but are not limited to, consumer consent and permission to direct marketing, prohibited times for direct marketing and consumers’ rights and mechanisms to opt-out from any future direct marketing communications.

 

11. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BuyerFy SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SRVICES OBTAINED THROUGH THE SITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES OFFERED ON THE WEBSITE.

11.2. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BuyerFy ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11.3. You agree to indemnify and hold BuyerFy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against INFOBIP by any third party due to, arising out of or in connection with your use of the website and/or the Services.

11.4. We will not be in any way liable for the content of any Chargeable Events sent or transmitted using the Service and the full responsibility for their content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons with whom you communicate directly when using the Service. By using the Service you also agree to be bound by the Rules of Use.

11.5. Notwithstanding the foregoing, You acknowledge you will be solely responsible for any legal liability arising out of or relating to the Content and Services (whether transmitted on your own or on any Third Party’s behalf).

11.6. Subject to any express provision to the contrary in these Terms, We will not in any circumstances be liable to You in contract, tort, negligence or otherwise for any economic loss (including, but not limited to, any loss or profits, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential losses, whether or not they were foreseen or foreseeable.

11.7. Each party acknowledges that neither You, nor We, have entered into the Agreement on the basis of or in reliance upon any representation (save for any representation made fraudulently), warranty or other term except as otherwise expressly provided in the Terms and, as such, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded to the greatest extent permitted by law.

11.8. We shall at all times in respect of the subject matter of these Terms comply with all applicable laws, regulations and rules having equivalent effect.

11.9. You shall be responsible for explaining and answering to any complaints that We receive from any relevant regulatory body resulting from your use of the Service. We will forward any complaints to you as soon as it is reasonably possible. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body and must forward a copy of your response to Us immediately. You will be liable for any fines and/or penalties imposed by any regulatory body against You or Us or any of our associated companies, due to Your contravention of these Terms.

12. TERM AND TERMINATION

12.1. Either Party can terminate this Agreement at any time by notice to the other Party with or without cause.

12.2. Either party may also terminate this Agreement with immediate effect by notice to the other party if:

• The other party becomes insolvent, makes any arrangement with or for the benefit of its creditors, goes into compulsory or voluntary liquidation, has a receiver, administrative receiver, liquidator or other similar official appointed over its assets, is subject to an administration or similar order or ceases trading;
• The other party commits a material breach of the Agreement and (where such breach is capable of remedy) fails to remedy the breach within 14 days of a written notice from the party not in breach requiring its remedy; or
• Any license required for Us to operate the Services is revoked, terminated or modified or, in the case of new license requirements being imposed, the applicable license: Is not granted to Us; or Is granted to Us but in such a way as to prevent Us from continuing to make the Services available or a Network Operator from enabling Us to make the Services available.

12.3. We may terminate the Agreement immediately upon notice in the event that any relevant legislation or regulation is implemented or modified with the effect that it is no longer commercially viable or possible for Us to make the Services available.

12.4. Termination of the Agreement for any reason does not affect any rights that have accrued to either party under the Agreement up to the date of its termination and those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.

12.5. On termination of the Agreement:

• You will immediately cease to use the Services; and
• All amounts then owed to Us, under or in connection with the Agreement, will become immediately due and payable.
• any unused credit on your account shall be retained by BuyerFy , except for payments received by us within seven (7) days prior to termination.
• All licenses and rights granted under these Terms will terminate immediately.

12.6. In case Commitment Period was agreed between the Parties, the following shall apply:

 'Commitment Period' shall mean the minimum duration of the Agreement as specified in the Business Proposal.

If the Commitment period has been agreed and the Agreement is terminated prior to the expiry of the Commitment Period, the Client shall be obliged to pay any and all outstanding fees for the entire Commitment Period. For the avoidance of doubt, this obligation applies even if the Agreement is terminated prior to activation of the Service.

If the Agreement is terminated based on the material breach by BuyerFy prior to the expiry of the Commitment Period, the Client shall not be obliged to pay the stated fees. 

13. FORCE MAJEURE

Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion.

14. ASSIGNMENT

BuyerFy shall be entitled to assign, in whole or in part any rights, interests or obligations under this Agreement to either third parties or BuyerFy's successors and assigns without Your prior written consent.

15. INTELLECTUAL PROPERTY

15.1. All content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to You in these Terms, all other intellectual property rights on this website are expressly reserved.

15.2. We may grant You an individual, personal, non-exclusive and non-transferable license (“the License”) to use our proprietary software or application service, in object code form only, and only in accordance with the applicable Service Specific terms and other documentation, if any, and only in conjunction with the relevant services. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. We retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify Us of any suspected infringement of Our intellectual property of which You become aware and will take all reasonable action as We may direct in relation to that suspected infringement where such is directly and specifically related to the services we provide you.

15.3. These Licenses terminate when Our contract with you ends and you must destroy and stop using all of our software and applications in your possession. The software is provided and applications are offered “as is” and subject to the service warranty disclaimers and limitations of liability found elsewhere in these Terms. It is your responsibility to test the services before entering into this contract.

15.4. Content from Our website may not be used or exploited for any commercial and non-private purposes without Our prior written consent.

15.5. You hereby instruct Us to create Resultant Data based on the communications and other data related to the use of the Services, and authorize the use of Resultant Data for the improvement and development of Our services and products and for any other legally permitted purposes. You hereby unconditionally and irrevocably grant to Us an assignment of all right, title, and interest in and to the Resultant Data including all intellectual property rights relating thereto. For the purposes of this clause Resultant Data shall mean anonymized data and information related to Your use of the Services, including anonymized communications, that is used by Us in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. Resultant Data shall not include (directly or by reference) any (i) information identifying You or any identifiable customer or individual or (ii) Your confidential information.

 

16. SEVERABILITY

If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

17. GOVERNING LAW & DISPUTE RESOLUTION

In the event contracting party is BuyerFy registered in the United Kingdom, these Terms shall be governed by and construed in accordance with laws of England and Wales and the parties hereto submit to the non-exclusive jurisdiction of the London courts for the purpose of enforcing any claim arising hereunder.

In the event contracting party is locally incorporated BuyerFy these Terms shall be governed by and construed in accordance with laws of the country of BuyerFy incorporation and the parties hereto submit to the non-exclusive jurisdiction of the courts of BuyerFy’s registered seat for the purpose of enforcing any claim arising hereunder.

18. NORTH AMERICA CLAUSES

In the event You are incorporated in the United States of America or Canada, the following terms shall apply:

18.1. We may perform the Services ourselves or through any of Our Affiliates, including, but not limited to, BuyerFy Limited. When Our Affiliate provides the Services, all applicable references to “Infobip” in the Agreement and any schedule or exhibit relating to provision of the Services are deemed to reference such Affiliate. We are responsible for Our Affiliates’ compliance with the Terms, and We shall be responsible for their acts and omissions relating to the Terms as though they were those of BuyerFy. We will invoice You for the Services, and You shall pay all invoices to Us. You shall bring any claims it may have solely against Us and not against any BuyerFy provider providing the Service.

18.2. Regulated Telecommunications Services. Any Regulated Telecommunications Services sold to You shall be provided by Peerless Network, Inc. (“Peerless”). With respect to such Regulated Telecommunications Services, We shall act only as a Your purchasing agent and billing agent of Peerless and not as a provider or reseller of Regulated Telecommunications Services. For purposes of this paragraph, “Regulated Telecommunications Services” means the offering of telecommunications for a fee directly to the public where the rates for such service and/or provision of such service are regulated by the Federal Communications Commission or a state public utilities commission.

18.3. In addition to Your obligations as stipulated herein, You shall ensure that, prior to providing any direct message to an End-User, You or Your customer(s) must obtain each End-User’s verifiable informed affirmative election to engage in communications and to collect personal information, in accordance with all laws and regulations. You must maintain, or require Your customer(s) to maintain, a record of each such for a period of six years. You must ensure that You or Your customer(s) provide a reasonable and readily accessible method for End-Users to revoke this consent for direct messages. At Our request, You will provide Us with verifiable evidence to establish informed consent from each End-User for all direct messages. You should avoid communications or data collection not necessary to perform whatever services are requested by End-Users, or to perform other required functions. You expressly warrant that You will maintain accurate records concerning all messages and Services.

18.4. Governing Law and Dispute Resolution Section is hereby replaced by the following:

This Agreement shall be governed by and construed in accordance with (i) the laws of the State of Washington or (ii) the laws of the province of British Columbia, Canada, depending on the country You are incorporated in.

The Parties acknowledge that disputes may arise from time to time. This being the case, the Parties agree to work together in a spirit of mutual co-operation to achieve an amicable resolution to any dispute.

If a dispute has not been resolved amicably within 30 (thirty) days of a dispute being notified in writing to the other Party (or such further period as the Parties shall agree in writing), the Dispute shall be referred to, and finally resolved by, arbitration in accordance with the International Arbitration Rules of the American Arbitration Association of then currently in force (the “Arbitration Rules”), which are deemed to be incorporated by reference into this clause. Depending on the country You are incorporated in, the seat of arbitration shall be (i) Seattle, Washington; or (ii) Vancouver, British Columbia, Canada; although any hearings or procedural conferences may be convened in any other location (or virtually) as agreed between the arbitral tribunal and the Parties. The language of the arbitration shall be English. Unless the Parties mutually agree to a single independent arbitrator, the number of arbitrators shall be 3 (three) (with 1 (one) arbitrator each being nominated by the claimant and respondent party(ies) respectively and the third and presiding arbitrator being nominated by the 2 (two) Party-appointed arbitrators within 30 (thirty) days of the appointment of the second arbitrator). The arbitration proceedings will be confidential and private and the Parties must not disclose the existence, content, or results of any proceedings conducted in accordance with this section. Materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided that this confidentiality provision will not bar a petition to vacate or enforce the Arbitrator’s award. For the avoidance of doubt, and notwithstanding any provision to the contrary in the Arbitration Rules, a Party shall be at liberty to seek interim or protective relief from any court of competent jurisdiction pending the appointment of an arbitral tribunal. Any emergency arbitrator provisions under the Arbitration Rules are expressly excluded. Notwithstanding the requirement for arbitration, in the event any undisputed Fees remain due and owing, BuyerFy may commence collection efforts through litigation.

19. SUMMARY TERMS AND CONDITIONS

You confirm that You hold the account corresponding to the data You have provided BuyerFy with, or that You have the account holder’s permission to use this service.

20. POST PAID TERMS

In the event BuyerFy has, in its own discretion, agreed to enable a post-paid model for Your usage of the Services, the following shall apply:

BuyerFy shall issue an invoice on a monthly basis. Invoices shall be issued by the 10th day of every month for the previous month. Payment must be made within (15) fifteen days from the date the invoice was issued, unless BuyerFy has, in its own discretions, approved longer payment term.

In the event You dispute in good faith any portion of BuyerFy’s invoice (a “Fee Dispute”), You shall inform Us of the Fee Dispute no later than the due date for payment of the relevant invoice ("Fee Dispute Notification"). A Fee Dispute Notification shall specify which portion of the invoice is disputed with reference to the specific logs within the statement logs generated from the BuyerFy Platform. The Parties shall exercise reasonable efforts to resolve the Fee Dispute within 30 (thirty) days from date of the Fee Dispute Notification. In the event that the Parties are not successful in resolving the Fee Dispute within such time frame, the Fee Dispute shall be resolved in accordance with the dispute resolution process set out in the Agreement.

For the avoidance of doubt, You shall pay any invoice in respect of which a Fee Dispute Notification has not been made (or made out of time) or the undisputed portion of any invoice that is the subject of a Fee Dispute (together, “Undisputed Fees”) by the due date stipulated.

If any Undisputed Fees due under this Agreement are not paid on or before the due date for payment, You shall be notified such delay in payment and You agree to pay interest, accruing daily, on the overdue sum from the due date until the date of payment at the (i) rate equal to 1% monthly and 12% annually or (ii) the statutory rate for late payment in jurisdiction of the Your registered seat, whichever is higher.

You shall not use BuyerFy Services in amounts exceeding the maximum monetary amount that You are permitted to spend on the BuyerFy Services per month which shall be communicated to You via email and established in BuyerFy's own discretion (hereinafter "Monthly Credit Limit"). The Monthly Credit Limit shall be effective immediately and/or until or unless differently communicated by BuyerFy in accordance with this Agreement. If You reach the Monthly Credit Limit, prior to the end of the relevant month, BuyerFy may immediately suspend the Services at its discretion.

If BuyerFy suspends the BuyerFy Services under this section, You may pay any outstanding amount to lift the suspension, and the Monthly Credit Limit usage of BuyerFy  Services counting towards the Monthly Credit Limit will restart on the 1st day of the following month.

During the Term, You shall not use BuyerFy Services in amounts exceeding the maximum predefined amount which represents the total monetary amount which can, at any point of time, be generated (for traffic / service including all related fees) to BuyerFy from You (hereinafter the "Total Credit Limit"). The Total Credit Limit shall be communicated to You via email and established in BuyerFy's own discretion and shall apply immediately and/or until or unless differently communicated to You by Infobip in accordance with this Agreement.

If You reach the Total Credit Limit, BuyerFy may immediately suspend the Services at its discretion.

If BuyerFy suspends the BuyerFy Services under this section, You may pay any outstanding amount to lift the suspension.

Both the Monthly Credit Limit and Total Credit Limit (together, the "Credit Limits") shall be established by BuyerFy and will be based on BuyerFy's assessment of Your financial and operational wellbeing, taking into account relevant information, whether available as a matter of public record or submitted by You, if You chooses to do so at Your own discretion.

BuyerFy shall not unreasonably withhold consent for the appropriate adjustment of any Credit Limit if You request so, unless BuyerFy disagrees, in which case BuyerFy shall, upon Your request, provide You with the reasons which have prevented the requested adjustment. BuyerFy may adjust any Credit Limit by giving You a 7 (seven) days' prior notice.

 

 

 

 

 

 

 

 

 

Article 8 - Consumer rights 
 For possible complaints and objections, it is necessary to contact in writing to the e-mail address info@geld.hr or to the address of the Company - Selska cesta 90A, Zagreb. The company will respond to the complaint or objection within 15 days. 

Article 9 - Applicable law and jurisdiction 
 The law of the Republic of Croatia applies to these General Terms and Conditions. In the event of any dispute regarding the interpretation, content, application or violation of the General Terms and Conditions, the competent court will be in Zagreb, Croatia. 

 

---

GDPR

Privacy policy 

 Personal data protection policy GELD DATA d.o.o. (hereinafter GD). 

The personal data protection policy regulates all principles and rules of personal data processing. GD respects your privacy and is committed to protecting your personal information. DG, as controller, processes your data in accordance with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. 46 / EC (General Data Protection Regulation), the Act Implementing the General Data Protection Regulation (OG 42/2018) and other relevant regulations applicable in the Republic of Croatia. 

In order to exercise the right to protection of personal data in accordance with the General Regulation and the Act on the Implementation of the General Regulation on Data Protection (OG 42/2018), we also ask for your consent to the use of your personal data. 

Consent refers to all personal data that GD may collect in certain situations when visiting the company's websites, contacting in the context of business cooperation, interaction with GD as a business user, supplier, business partner and the like. This includes, but is not limited to, personal information collected through surveys, online or offline. 

One of the activities of DG is market research and public opinion polling, and in this context we collect and process survey data. What you tell us in one of our surveys will not be related to you personally or passed on to third parties. 

Purpose of collecting personal data 

 In contacting you, we may ask you to share your personal information with us for the following purposes: 

- Participation in GD's web activities on the Internet, including web-based online surveys and our social media channels / pages - Participation in telephone or other types of surveys Saving your data for future interactions and communication with DG 

 - Access to the inquiry form for the offer of services - Access to the application form / link for part-time / permanent work 

 - Access to client online services Personal data of employees in order to exercise employment rights 

 - Through cookies; if you want more information on how we use cookies, click here. 

When doing business with GD as a business client, we will ask you to share your personal information with us for the following purposes: 

- Customer relationship management 

 - Ensuring access to information 

 - Communication 

 - Analysis and understanding of interaction with clients 

 - Providing access to client online services 

 - Answering questions or resolving requests / inquiries for the provision of services 

 - In general, we process your personal data only for the purposes for which we have informed you. 

Purposes of personal data processing: 

 - Legitimate interest 

 - Legal right established and prescribed by the Labor Law 

 - Protection of persons and property by video surveillance measures to a limited extent within the company's premises 

 - Other purposes of which individuals have been informed in accordance with the provisions of the General Data Protection Regulation.   

Principles of personal data protection: 

 DG processes data: 

 Legal - only if the processing is allowed by law and within the limits prescribed by law. 

 Fair - respecting the specifics of the relationship with you, applying all measures to protect personal data, making it easier for you to exercise your rights. 

 Transparent - by providing all information in a clear and easily accessible manner within the limits prescribed by the General Data Protection Regulation. 

With purpose limitation - processing personal data for the purposes for which they were collected, and for other purposes taking into account (a) any connection between the purposes of personal data collection and the purposes of the intended continuation of processing; (b) the context in which the personal data was collected, in particular as regards our relationship with you; (c) the nature of the personal data, in particular whether special categories of personal data are processed in accordance with Article 9 of the Regulation or personal data relating to criminal convictions and criminal offenses in accordance with Article 10 of the Regulation; (d) the possible consequences of the intended continuation of processing for the respondents; and (e) the existence of appropriate safeguards. 

With storage limitation - keeping the data in a form that allows the identification of the individual only as long as necessary for the purposes for which personal data are processed, and longer only if allowed by the Regulation. 

With a reduction in the amount of data - we make sure that the data we process is appropriate, relevant and limited to what is necessary. 

Taking care of accuracy - we take care of the accuracy and up-to-dateness of the data and delete incorrect data in accordance with the requirements of the Regulation.

Paying attention to integrity and confidentiality - technical and organizational measures take care of the appropriate security of personal data depending on their risk, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage by applying appropriate technical or organizational measures. 

Legality: Legality, ie legal bases of data processing can be: concluding or fulfilling a contractual obligation in which you are a party to our legitimate interest to the extent that it is more important than the interest of the respondents not to process data or your consent, another legal basis in accordance with the Regulation.   

Personal data that DG may collect: 

When interacting with GD via email, the web or social networks (e.g. if you indicate that you like GD on Facebook), we may request or receive certain information such as: Name, Email Address, Phone Number, IP Address, Cookie ID, Internet Browser, Operating System, Model and Type of Device You Access. 

When you communicate with GD as a business client, we may collect the following information: Name, Email address, Telephone number, Business address, Name and address of the company you work for [personal details that may be relevant to the business relationship, eg, your professional experience, etc.], IP address, Internet browser , Operating system, Model and type of device you accessed. 

Ways of collecting personal data:

You can share personal information with GD through (not limited to): Communication with GD (may be related to the service or through a request for quotation you have sent us); Communication with one of the employees of DG by e-mail, telephone or in writing or orally; Ordering service Request to receive messages on a mobile phone / device; Voluntary participation in surveys; Participation in social media activities related to the promotion of DG (eg by selecting “like” or “share” options); Cookies placed on your computer or mobile device when you visit our website. 

When you communicate with GD as a business client / user, supplier or business partner, data collection is also done through: Concluding cooperation agreements; Provision of services by GD; Communication with GD; When accessing the business premises of GD; Voluntary participation in surveys If you do not want GD to use your personal data, you can let us know at any time at the e-mail address: info [at] geld.hr or dpo [at] geld.hr 

Sharing personal information with others: We will not share your personal information with other suppliers of products or services, business partners and other third parties. If we are required by law to obtain your consent or for any other reason believe that your consent is required in certain circumstances, we will request it before sharing your personal information. 

After you provide us with your personal data, it is possible to update, change or request their deletion in writing via the e-mail address: info@geld.hr. You can ask other privacy questions or make your privacy complaints through the same address. You can revoke your consent at any time and via our website: www.geld.hr in the appropriate form. The revocation of consent does not affect the lawfulness of the processing of personal data which, on the basis of consent, has been carried out until the moment of revocation of consent. 

Your rights: At your request, we will inform you whether personal data about you is being processed and what that data is. If all legal requirements are met, you have the right to correct, delete or restrict the processing of personal data. You can withdraw all statements of consent you have given (in case the collection and processing is based on consent) and you can object to the processing of data only for the purpose for which they were collected / processed. You also have the right to receive the information you have made available to us in a structured, up-to-date and machine-readable format; and you may request the transfer of this information to you or third parties. We are obliged to respond to your request within one month from the date of receipt of your request, unless a longer period of time is requested for the same, in which case the same period may not exceed 2 months. You also have the right to file a complaint to the competent supervisory authority - in Croatia it is the Agency for Personal Data Protection (more on this at www.azop.hr), if you suspect a violation in the process of processing your personal data. 

All rights are subject to proportionate restrictions in accordance with the Regulation. Options you have: Consent You may be asked to give your consent for the collection of data and their use, in cases where consent is required by law. 

Right to delete 

 You can request the deletion of all your personal data or only part of the data for which you have previously given your consent to use. 

Data portability 

 You have the ability to transfer your personal data from one electronic processing system to another without interfering with the data controller. 

Revocation of consent 

 It is your right to give up your consent in whole or in part, without consequences and explanations, and to request the termination of the processing of your personal data. You can file a revocation in 3 (three) ways in writing by mail to the address GELD DATA d.o.o. , Savska ulica 90A, 10000 Zagreb; by e-mail to: info@geld.hr or via our website geld.hr on the corresponding form. 

Data storage: 

 For the vast majority of our research, personal data is anonymized / pseudoanonymized immediately after collection, which means that data that can in any way establish a link between the survey data and you personally is deleted from your answers. If we process data on the basis of your consent, we retain the data until you withdraw your consent and in accordance with ESOMAR's instructions. DG keeps certain data permanently with regard to legal obligations arising from employment or on the basis of the Labor Act. Personal data that is no longer needed is either irreversibly anonymized / pseudoanonymized or destroyed in a secure manner. Data from the video surveillance system are regularly deleted and kept for a maximum of 6 months, except in cases when they are necessary for conducting proceedings before the competent authorities. 

Additional information: 

 Technical and integrated data protection DG protects your data, taking into account the latest developments, implementation costs and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and seriousness for data rights and freedoms. at the time of determining the means of processing and at the time of processing, implements appropriate technical and organizational measures to enable the effective application of the principles of data protection. DG shall also implement appropriate technical and organizational measures to ensure that only personal data necessary for each specific processing purpose are processed in an integrated manner. We apply this measure to the amount of personal data collected, the scope of their processing, the storage period and their availability. 

Records of processing activities 

 DG as controller shall keep records of processing activities containing: name and contact details of the controller, if applicable, of the joint controller and the data protection officer; processing purposes; description of categories of respondents and categories of personal data; categories of recipients to whom personal data have been or will be disclosed, including recipients in third countries or international organizations; where applicable, transfers of personal data to a third country or international organization, including the identification of that third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49 (1), documentation of appropriate safeguards; if possible, deadlines for deleting different categories of data; if possible, a general description of the technical and organizational security measures. 

Dealing with personal data breaches DG ensures that in the event of a personal data breach without undue delay and, if feasible, no later than 72 hours after learning of the breach, it reports to the Personal Data Protection Agency in accordance with the Regulation, unless breach of personal data cause a risk to the rights and freedoms of individuals. Where required by the Regulation, DG shall, without undue delay, also inform respondents of personal data breaches. 

Data protection impact assessment DG does not conduct data processing that is likely to pose a high risk to the rights and freedoms of respondents. However, if a particular processing meets the high-risk requirements, the DG will, before processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data in accordance with the requirements of the Regulation. 

Scope: Links to other websites 

 On GD's website, you can find links to other websites with useful information. Such websites may operate independently of the DG and may have their own privacy notices, statements or policies.

We strongly encourage you to review them to find out how your personal information may be processed in relation to those websites, as we are not responsible for the content of websites not owned or operated by DG, nor for their use or privacy practices. 

Please note that we accept and take seriously our responsibility to protect the personal information you entrust to us from loss, misuse or unauthorized access. Please read this document carefully to be aware of the terms and conditions of consent to the use of your personal data by GELD DATA d.o.o., as the Head of the personal data collection. 

 

---

COOKIES 

To improve your user experience when browsing the site, and to make it work properly, this site stores a small amount of information on your computer called cookies. By using the sparkprize.pro website and the geld.hr project, you agree to their use. If you choose to block cookies, you will still be able to browse the site, but some of its functionality will not be available to you. 

What are cookies? Cookies are small text files composed of a string of characters stored on your computer by websites you have visited. Cookies allow the site to display information tailored to your needs. They usually save your session token and website settings. After visiting the same website again, the Internet browser sends back the cookies that belong to it.

Cookies also allow us to track traffic and traffic to our websites (using Google Analytics and similar tools). All information collected in this way by cookies is accumulated and is anonymous and is not shared with any other entities. All this information can only be saved if you allow it - websites cannot access information that you did not give them and cannot access other files on your computer. 

How to turn off cookies: Cookie settings are configured in your web browser. Detailed instructions on how to turn them off in different browsers can be found at the link: How to turn off cookies. More information You can read more about cookies at: HTTP Cookies, and more about the law governing their use at the European Union level at the link: EU Cookie Law. The links provided are in English. 

 

---

TERMS OF USE OF THE SURVEY AND PRIVACY POLICY

1. The research buyerFy platform exists in two forms: as a website and as a mobile application. The purpose of the platform is to implement public surveys in an efficient and transparent manner. GELD DATA d.o.o. it is an apolitical society and has no ideological stance or approach to any issue covered by the polls. 

2. GELD DATA d.o.o. have fully implemented the European Data Protection Regulation 2016/679 (hereinafter: GDPR). Therefore, before participating in the survey, users are informed of these Terms of Use of the survey and the privacy policy and are given an explicit option to decide whether to agree with them or not. 

3. The Privacy Policy explains what type of personal data is processed and for what purpose, as well as any other relevant information. Users can use the survey platform anonymously; it is up to them to reveal their identity. All statistics and information on our website are for information only and GELD DATA d.o.o. assumes no responsibility for any consequences due to misinterpretation. 

4. The survey is prepared, organized and conducted by the company GELD DATA d.o.o., Selska cesta 90A, Zagreb (City of Zagreb), OIB: 27972234767, through the research software 1KA. The survey was communicated through the following channels: e-mail, SMS, websites, Google Ads platforms and the social network Facebook. 

5. The purpose of the survey is to investigate the individual and social Buyer behavior. The survey is conducted for the purposes of media and academic research. Email addresses and telephone numbers for the purposes of conducting this survey are collected from publicly available sources and automatically generated and are not provided to third parties. Respondents participate in it anonymously and in accordance with these Terms of Use of the survey and the privacy policy with which they must agree if they wish to access the survey. 

6. Individual answers, results and other information provided by users will not be published or visible to other users anywhere, but will serve exclusively for the purposes of statistical processing; only aggregate statistics are published. Data collected during the survey are kept until its completion and are not disclosed outside the EU. No third party has access to the back-end framework or the data collected. 

7. The Website uses cookies to ensure a better and more secure user experience. The user is offered information about their content and a request for explicit consent for their use during the first access to the website. This data is used only to analyze the traffic on the website that is needed to optimize the performance of the website. The data is not assigned to third parties for advertising or for any other purpose not related to the website. 

8. GELD DATA d.o.o. it is an apolitical organization and has no political stance on any of the issues covered in the polls. The results of the survey do not have to correspond to the actual preferences of the respondents nor do they represent a representative sample of loan beneficiaries since the respondents participate in the survey voluntarily, anonymously and at their own discretion. 

9. Because our survey is conducted online, survey participants from non-EU countries submit their data directly to our server in the EU. GELD DATA d.o.o. hereby undertakes to comply with the GDPR regulations on data protection, and to comply with its data processing standards of all participants inside and outside the EU. This includes the previously described processing of anonymous data and the implementation of appropriate technical and organizational measures so that all personal data of natural persons are protected. Furthermore, we follow EU Directive 2002/58 / EC which states that the use and processing of any type of electronic data from non-EU to EU countries must comply with the said legislation within the EU.

10. GELD DATA d.o.o. reserves the right to change, limit or withdraw from the survey at any time. All statistics and information on our website are of an informative nature, and GELD DATA d.o.o. assumes no responsibility for any consequences of misinterpretation. 

11. Personal data that respondents can voluntarily leave during the survey (name, surname, telephone number, email address) as well as possible later submitted documentation and data possibly collected during a telephone conversation are collected for the purpose of establishing a business relationship or providing services and are stored during the business relationship and 5 years after the expiration of the business relationship. Personal information may be provided to our business partners and associates who assist or cooperate with us in providing services. The provision of this information is a contractual obligation, ie it is necessary for the provision of services. The data collected are not exported outside the EU. 

12. Based on a legitimate interest and for the purpose of establishing a business relationship, ie for the purpose of providing services, telephone conversations with customers may be recorded and used for the purpose of improving the quality of work of our employees, resolving possible customer complaints and documenting statements relevant to business relationships. , of which users are informed before the start of the conversation. 

13. Persons submitting personal data and / or documentation relating to third parties, for the purpose of completing the survey or providing services, by agreeing to these Terms of Use of the survey and privacy policy expressly confirm and guarantee that this data is lawfully disposed of and submitted with the consent of persons to which this data relates. Furthermore, they confirm that all persons whose personal data is provided are fully aware of these Terms of Use of the survey and the privacy policy. 

14. In the event of legal disputes concerning privacy rules, the relevant law of the Republic of Croatia and the EU shall apply. 

15. Respondents have the right to access personal data, the right to correct or delete personal data or restrict processing, as well as the right to object to the processing and the right to data portability. Respondents also have the right to file a complaint with the supervisory body. To exercise your rights and any additional information, please contact the personal data protection officer dpo [at] geld.hr .

 X I agree to participate in the survey in accordance with the Terms of Use of the survey and the Privacy Policy.