Malendar.com Terms of Service
For services provided via the Malendar.com website By accessing and using the
Malendar.com system (“Service provider”) you agree to be bound by all the following terms
and conditions (“Terms Of Service”).
1. Definitions
1. Service provider” means access to the Application which is provided by the Service Provider through its website Malendar.com, under the Terms Of Service, in accordance with the specifications published on the Service Provider’s websites, And made available to the Client on a Client’s device (computer, tablet or smartphone) via an Internet browser, accessible via an HTTPS protocol after logging in with the User’s email address (and/or login) and password.
2. Client” means an entity with a sufficient legal capacity, to be subject to rights and obligations, which demands the performance of the Service from the Service Provider by filling the electronic registration form available on the Service Provider’s websites.
3. Owner” means the owner of the business with a sufficient legal capacity, to be subject to rights and obligations, which demands the performance of the Service from the Service Provider by filling the electronic registration form available on the Service Provider’s websites.
4. Professional” means the employee on the business using the Service and assigned to a particular Account. The employee is any person identified by the business owner and the employee fully under business owner managed based on the business policy.
5. Registration” means filling of the application form by the Client and Business owner through the delivery of personal data and its transmission to the Service Provider.
6. Agreement” means the present Terms Of Service.
2. General provisions
1. Terms Of Service define the rules of using the Service by the Client, employee and Business owner.
2. By using the Service, the Client, employee and Business owner agrees to be bound by the Terms Of Service in their entirety.
3. Each Client, employee and Business owner is entitled to only one Registration.
3. Business owner rights and obligations
1. Business Owner owns all data stored in the Owner’s Account.
2. Business Owner is obliged to provide true, accurate and complete data during the registration process.
3. Business Owner is obliged to provide its services in accordance with the terms and conditions for using the Malendar.com.
4. Business Owner responsible/accountable for the business services positively or negatively.
4. Service Provider’s rights and obligations
1. Service Provider is obliged to exercise due diligence to make the Application accessible and operational, for free.
2. Service Provider reserves the right to terminate the Service and or to block access to the Business Owner’s, employee’s, and Client’s Account under the following circumstances:
1. infringement by the Business Owner, employee, and Client of any provision of the Terms Of Service if such infringement prevents or significantly hampers further performance of the Service by the Service Provider;
2. illegal or contrary to good practice use of Account by the Business Owner, employee, and Client.
3. Service Provider has a right to update the Application and technical resources used for the performance of the Service and a right to suspend access to the Service during the update process.
4. Service Provider not responsible/accountable for the business services positively or negatively.
5. Service ordering and provision
1. By filling in and submitting the registration form available on the Service Provider’s websites, the Business Owner, employee, and Client places an order for the Service.
2. The Business Owner has the right to Cancel the Service at any time
3. In the event of the Business Owner cancelling the Service, after that time the Service Provider has the right to delete the Account along with all the Client’s and Employee’s data, and all content of the Business Owner’s account.
6. Complaints
1. The Client Complaints:
1. Has the right to raise a complaint to the business owner against their service or employee via direct messaging option on the business page.
2. A response to a complaint shall be sent by the business owner to an electronic mail address provided by the Client.
2. The Business Owner Complaints:
1. Has the right to raise a complaint to the Service Provider via Contact us/Get support.
2. A response to a complaint shall be sent by the Service Provider to an electronic mail address provided by the Business Owner.
7. Personal data protection
1. Information on the rules for personal data processing can be found in the Privacy Policy, which is an integral part of the Terms of Service.
8. Liability
1. The Service Provider expressly disclaims any and all liability for any Service interruptions or hindered use in the event of:
1. circumstances beyond the Service Provider’s control (e.g. an instance of Force Majeure);
2. need to complete any repairs, modifications or maintenance of the equipment or software used for the provision of the Service. In particular, the Client is not entitled to any claims if the total duration of the Service being unavailable does not exceed 24 hours within a Settlement Period;
3. errors or delays in the Service provision, unless the errors or delays are through the fault of the Service Provider;
4. damages caused by any software (including malware) used by third parties or the Business Owner, employee and Client.
2. The Service Provider expressly disclaims any and all liability for any damages or losses sustained by the Business Owner, employee and Client in relation to malfunction of the servers used to host the Application or in any other circumstances in which the Service Provider is released from liability under the provisions of the Act on Providing Services by Electronic Means.
3. The Business Owner is obliged to cover any damages resulting from he’s Business or employee negligence or actions which are against law, the Terms Of Use, or social conventions, regardless of employee’s fault. In particular this means the Service Provider is released from any claims filed by third parties and that the Business Owner is obliged to cover any expenses incurred by the Service Provider or any other third party as a result of the Business Owner’s actions, including, but not limited to, filing fees, attorneys’ fees and court costs resulting from the Business Owner’s misuse or non-compliance the Service provider Terms of Service.
9. Copyrights and data protection
1. Any use, reproduction or distribution of materials referred to in 9.1 requires a written permission from the Service Provider.
10. Final Provisions
1. The Service Provider reserves the right to introduce changes to the Service and the Application, in particular in terms of the content displayed and the functionality offered. The Service Provider also reserves the right to stop offering the Service and/or supporting the Application as well as to introduce changes to the Terms Of Service. The changes in the Terms Of Service will be effective as soon as they are published on the Service Provider’s websites, unless the Client cancels the Service within 25 working days from the date on which the updates are published.