This document was last revised on March 15, 2020
www.streetmarkets.at (“we,” “us,” or “our”) welcomes you.
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Streetmarkets.at.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- “Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website;
- “User”, “You” and “your” are denotes to the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
- “Seller” refers to the user accessing or registering with the website for availing listing services of their product and services from the website;
- “We”, “us”, “our” and “Company” are references to at;
- ”Website” shall mean and include “https://www.at, mobile-application (“App”) and any successor Website of the Company or any of its affiliates;
- “User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;
- “Price Plan” shall means the package plan available on the Website through which users can avail various web Services available on the Website.
- “Plan Fee” means the service plan package fee paid by User for participation in the Package Plan, paid directly by Users to the Website.
- All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.
- Words importing any gender shall include all the other genders.
- Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
- All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.
- By using our service in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. In case you do not accept the terms, then please do not use our Website and Mobile Application. If you are accepting these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
- Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
- Eligibility: Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
- Electronic Communication:When you use this Website or Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
Streetmarkets.at offers a unique Directory Portal built specifically for market organizations and vendors to provide them with a platform and services to better reach customers (‘Users’ of the Directory).
Our directory receives hundreds of thousands of unique visitors every month, and participating owners who list their business both on the free and premium listings have reported receiving a substantial increase of foot traffic to their locations.
The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website and Mobile Application. Your use of the Services ensuing notice of the Modifications (or posting of the Terms incorporating the Modifications in the event your email address is no longer lawful, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date, the Changes are posted to the Website and Mobile Application.
If you access this Website anonymously, you will not be required to create a user name. But, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Websites.
All proprietary rights relating to any third party links, content or resources published on the Websites remain with the original source or the author(s) of that material and where any content has been commissioned by us for publication on the Websites, any proprietary rights in such content remain with the relevant author, unless otherwise agreed or specified.
For all other content published on the Websites, the Website reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Websites; this includes all text, graphics, photographs, logos and/or other items that appear on the Websites. We also reserve its rights over the Websites’ template, including its layout and structure.
Visitors are not authorized to use the Website’s name, logo or likeness without prior consent.
The content, links and resources on the Websites are provided for general information only. It is not intended to amount to advice on which Visitors should rely. Visitors must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. While we make our best possible efforts to update the website regularly, we do not make any kind of representations, warranties or guarantees, whether express or implied, that information provided in the Website is accurate, up to date or complete.
- Content Responsibility.
When you use STREETMARKETS.AT you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are sole responsible for the content submitted by you. It is you all your risk and accountability towards reliability and quality. You represent that you have required permission to use the content.
Not allowed on the Website is content that:
- contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
- Information or data which are unlawfully obtained
Any submitted content that includes, but is not limited to the following, will be removed. If repeated violations occur, we reserves the right to cancel user access to our services without advanced notice.
- Advertising: AT and its licensees may publicly display advertisements, paid content, and other information nearby or in association with free Content. The manner, mode and extent of such advertising are subject to change without specific notice to you. Where in deletion or cancellation of the advertisement will not be entertained for refund.
- Any order for buying any plan by the User for taking the services from this Website is between User and Streetmarkets.at. User agree to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
- Once user submit “Claim Now” form, Streetmarkets.at will contact user to help you with the process.
- PLAN CHARGES: It is agreed by the user that:
- User shall pay required Plan fee to us as per the plan available on the Website.
- Plan Payment: Payment mode shall be:
- Online: Credit Cards and Debit cards
Preferred method of payment is PayPal, Credit and Debit cards are accepted via merchant serviceses. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
- When registering with this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
- Any order for buying any package plan that you place with us is subject to acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order and subscription details.
- We may refuse or be unable to process your order if:
- Your credit or bank provider or Paypal account does not give authorization for the payment of purchase price.
- You do not meet the eligibility to order criteria set out above.
- The user can cancel the package of any service anytime through their account.
- Refund shall be applicable as per our refund policy.
- We take customer feedback very seriously and use it to constantly improve our products and quality of service.
- All prices used by Streetmarkets.at are in US dollars, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- at is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- at will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
- The customer has the right to terminate the contract with Streetmarkets.at if he does not agree with the price increase.
By availing our services:
- We provide an opportunity for you to avail the offered Services from our Website;
- We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website and Mobile Application is invalid where banned.
- You shall use the Service for a lawful purpose and comply with all the applicable laws;
- You shall not upload, any content that:
- Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
- You shall not use or access the Website for collecting any market research for commercial purposes;
- You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
- You will not use any device, scraper or any automated programme to access our Website or Mobile Application for any means without obtaining permission.
- You will inform us about anything is inappropriate or you can inform us if you find something illegal;
- You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website or Mobile Application through hacking, password or data mining, or any other means;
- You will not take any act that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
- You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
Streetmarkets.at created a digital directory portal specifically built for listing markets and market vendors. Streetmarkets.at does not employed any seller listed on the website.
Streetmarkets.at shall not be liable and responsible for the behavior of the users (both seller and the customers). And we are also not accountable for the quality of the products and services provided by the Sellers on the website.
Further, Streetmarkets.at is not liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.streetmarkets.at Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall www.streetmarkets.at, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.
We may have links to external or third-party Websites (“External Sites”). These links are provided exclusively for your convenience and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take appropriate safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
Every effort have been taken to ensure that the information offered on our Website and Mobile Application is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website and Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
OUR WEBSITE, MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for each and every instance.
You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website. We shall make available notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
The Services provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
APPLICABLE LAW AND COMPETENT COURT
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Streetmarkets.at is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.
The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at streetmarkets.at.