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Terms of service

Last updated: 29.01.2021

These Terms of Service (the “Terms”) govern the use of the web-based services provided by Magilex Digital OÜ (the “Magilex”) (including the website at magilex.com (the “Website”), web or mobile applications and other digital services) that refer to these Terms (the “Services”). These Terms constitute a binding agreement and contract between you or the entity you represent (the “User”) and Magilex. Anyone who visits, browses or otherwise uses the Website is considered a user.

These Terms also refer to our Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and which also applies to your use of the Services and which sets out the principles for the use of personal information disclosed by the User.

Use of the Website and the Services is governed by the Terms in effect at the time of use. Please note that we may update the Terms from time to time in our sole discretion. If we make significant changes to the Terms, we will notify you by e-mail or by posting a notice on the Website before the changes take effect.

 

Paid services

When ordering paid Services, the User is obliged to pay and Magilex has the right to collect (from the User's payment instrument) a service fee (hereinafter “Fee”) corresponding to the price displayed to the User at the time of ordering, the terms of the respective Service and these Terms.

Fees may be automatically renewed, in which case they will be renewed automatically until the User cancels the subscriptopm. The subscription can be canceled at any time in the user account settings. In case of cancellation of the subscription, Magilex has no obligation to return the Fees already paid for the Service.

The User has the right to use the Services only in the manner provided in these Terms. One of the preconditions for using the Services is that the information provided by the User to Magilex is correct and up-to-date.

Use of the Services is at the User's own risk. Magilex has the right to close the User's account or suspend its right to use certain Services or parts of the Services without prior notice if the User violates these Terms.

Magilex reserves the right to suspend or restrict access to the Services or portions thereof without prior notice if necessary to perform maintenance or improvement work or otherwise necessary to improve the Services.

Magilex shall not be liable in any case for damages caused by closing the account or restricting the availability of the Services in accordance with the Terms.

 

Representations and Warranties

  • you confirm that you have read, understood and agreed to these Terms and the documents or principles referred to in the Terms, regardless of whether you use the Services as a guest or a registered user;
  • you confirm that you are at least eighteen (18) years of age and have the right and necessary authority to enter into the agreement described in these Terms with Magilex either on your own behalf or on behalf of the legal entity represented by the you;
  • you agree to receive electronic notices from Magilex, which may include, but are not limited to, legal information, marketing notices and other important notices related to the Service from both Magilex and Magilex's partners.

 

User account

Use of certain Services or parts thereof requires the creation of a user account by the User. In such case, Magilex may request that the User disclose to Magilex information about himself that is necessary for the provision of the Service. The collection and processing of user-related information is subject to the privacy policy.

If the User has registered a user account, the User is responsible for all operations related to his account. The User has no right to disclose to third parties information related to his / her user account, account login data or otherwise make the use of the user account or related paid Services available to third parties.

 

Prohibited uses

The Services may only be used for lawful purposes and in accordance with these Terms.

When using the services, it is not allowed:

  • Mass copying or downloading of information on the Website;
  • Reverse engineering of the Services or any part of the Services;
  • Collecting, transferring, modifying, selling or otherwise using Magilex's intellectual property for profit;
  • collecting, storing or processing information about other Users;
  • use of computer viruses, similar technologies or other technologies that may harm Magilex, the Services, Users or third parties;
  • Hacking or otherwise damaging computer networks or user accounts on the Website or the Services;
  • Disrupting or damaging the operation of the Services.

 

Content

Copyright. Content, including texts, images, references, etc., may be available to Users through the Services (the “Content”), which is either the intellectual property of Magilex or is collected and referenced by Magilex or licensed to Magilex and is protected by applicable copyright. Magilex owns the proprietary rights in its trademarks, logos and other content owned by Magilex.

Claims. If the User finds that the Content or a part thereof infringes his or her or a third party's copyright, the User has the right to submit a request to Magilex for the removal of the respective Content. To do this, the User must submit the following digitally signed application to Magilex:

  • the name, address, telephone number and e-mail address of the applicant;
  • a reference to the Content that is the object of the possible violation or a description of such Content;
  • a description of the known circumstances of the breach;
  • evidence, if any, of the facts of the breach;
  • a statement by the applicant that the information provided is true.

All notices and applications related to copyright must be sent by e-mail to info@magilex.ee.

Exclusion of legal advice. Although the Content may include sample legal documents, sample contractual clauses, court decisions and other legal resources, Magilex has not verified the legal competence and compliance of such Content with applicable law or the circumstances of any particular situation. Nevertheless, we strive to provide the most relevant and high-quality content possible. However, in no case does Magilex offer the User legal advice. If you need help drafting a compliant document or performing a legal act, we strongly recommend that you consult a professional lawyer or attorney.

Linking to other websites. Website Content may refer to websites operated by third parties and content provided by third parties. Magilex provides such links only for the convenience of Users. Magilex does not control the content of such websites and is not responsible for the accuracy of the content contained therein. When visiting such a third party website, the User does so entirely at his own risk and is obliged to comply with the terms of use of the respective website.

 

Feedback

Feedback, comments, technical support requests and change notifications related to the services should be sent by e-mail to info@magilex.ee. By submitting ideas, suggestions, documents or suggestions to Magilex (the “Feedback”), you agree that (i) your Feedback does not contain confidential information of third parties, (ii) Magilex has no obligation of confidentiality with respect to the Feedback, and (iii) you grant Magilex irrevocable, free and use, modify, produce, publish, distribute and sublicense the Feedback derived from the Global License for an indefinite period of time, and you waive all claims that may arise in connection with the foregoing and that may arise against Magilex or its Users.

 

Force majeure

Magilex shall not be liable for any delays, failures or interruptions in the provision of the Services or use of the Website caused by circumstances beyond Magilex's control, such as force majeure, power outages, disruptions to User or Magilex data communications or other electronic devices and equipment, including software.

 

Modification of Terms

Magilex has the right to unilaterally change these Terms, the content of the Website and the Services at any time. Magilex notifies Users of any changes to the Terms in good time, but is not responsible for whether the User reads or understands such notice.

 

Applicable law and dispute settlement

The law of the Republic of Estonia applies to the Services and these Terms. Possible disputes between Magilex and the User will be resolved primarily through negotiations. If, as a result of the negotiations, the dispute cannot be resolved within a reasonable time, the dispute shall be resolved in the Harju County Court, in Tallinn.