These Terms and Conditions of Use (the “Terms and Conditions”) regulate your access to the Platform and use of services provided by the Platform.
These Terms and Conditions constitute a legally binding agreement between you and P2P. Before you start using the Platform, you are obliged to read these Terms and Conditions. By registration on the Platform, you declare that you have read these Terms and Conditions carefully, agree with them without reservation, undertake to be bound by and adhere to these Terms and Conditions, and that you also undertake to comply with the applicable law (of the Slovak Republic and of a country you are in) and good morals and undertake not to act contrary to the applicable law, good morals and these Terms and Conditions in connection with using of the Platform.
The access to the Platform and its using is allowed only to persons who have legal capacity and are authorised to be legally bound under the applicable legislation. By registration on the Platform and by using the Platform you represent and warrant that you are authorised to use the Platform.
If you use the Platform on behalf of an entity, you represent and warrant that you hold the authorisation to act on behalf of such entity and bind the entity and your consent to the Terms and Conditions will be considered to be the acceptance of the Terms and Conditions by such entity.
If you do not agree to these Terms and Conditions, you are not allowed to use the Platform and register yourself on the Platform and if you have already been registered, you are obliged to cancel your registration.
P2P reserves the right, at its sole discretion and without a prior notice, to amend these Terms and Conditions and any other documents referred to herein. P2P will inform you about any changes to the Terms and Conditions on the Platform by sending a message or other notification. Any change or amendment of the Terms and Conditions takes effect upon its publication (unless otherwise specified). Your further use of the Platform after the change or amendment becomes effective is considered to be your consent to the change and amendment of the Terms and Conditions. If you do not agree to the change or amendment, you are obliged to terminate using the Platform and cancel your registration on the Platform.
“Member” means a person who completes the account registration process on the Platform or a person who submits or receives the request through the Platform, including but not limited to, the Professional and the Customer. Any natural person (entrepreneur and non-entrepreneur) or legal entity may become a Member.
“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to information stated in the user’s profile, demands for the Pro Services, offers, messages and their threads, evaluations, and further information or materials available on or through the Platform.
“P2P Content” means any Content which P2P makes available on or through the Platform, including any Content licensed from a third party, except for the User Content.
“User Content” means any Content provided, posted, submitted, published or transmitted on or through the Platform by any Member or other user of the Platform, including photographs, profile information, descriptions, postings, reviews and payments through the Platform, except for the P2P Content.
“P2P” means the company People2People, s.r.o., Suché mýto 6, 811 03 Bratislava-Staré Mesto, ID No.: 51 225 221, sometimes also as “we” and its grammatical forms (e.g. “us”, “our”, etc.).
“Platform” means all websites of P2P, mobile and other applications, software, processes and any other services provided by or through P2P.
“Pro Services” mean the services listed, offered or provided by the Professionals or searched for, requested or received by the Customers through the Platform.
“Professional” means a Member who is registered for posting the quotations of the Pro Services, posts the offers of the Pro Services or otherwise uses the Platform to offer, provide the Pro Services, receive payments for the Pro Services or facilitate providing of the Pro Services.
“Collective Content” means the User Content and P2P Content together.
“Account” means the user’s account on the Platform, protected by a password, created by the user before the registration on the Platform on the basis of which the user becomes a Member.
“Customer” means a Member who is registered to receive the quotations of the Pro Services, requests for the offers of the Pro Services, or otherwise uses the Platform to receive, pay, control or facilitate the receipt of the Pro Services.
By registration on the Platform or by using the Platform for providing, publishing or providing of the Pro Services, the Professional represents and warrants that it is authorized to provide the Pro Services and meets all of the conditions for providing of the Pro Services under the applicable law of the territory where the Professional offers and provides the Pro Services.
The Professional declares and warrants that, in relation to P2P, he is not a consumer under the Civil Code, the Consumer Protection Act, or other generally binding legal regulations. The Professional declares that he uses the Platform and provides the Pro Services in the course of his business, commercial activity, employment or occupation or under other authorization in accordance with applicable law. The Professional acknowledges that the relationship between P2P and Professional is not a consumer relationship, it does not establish a consumer contract, but on the other side the relationship between a Professional and a Customer may be a business - consumer relationship and therefore the Professional commits (where it concludes a consumer contract) on consumer protection and to fulfill all obligations imposed on him by the applicable law.
P2P is not a provider of the Pro Services. The Professional acknowledges and agrees that by registration and creating of a user account on the Platform the Professional will obtain only the possibility of using the Platform to have access to the Customers and using the Platform itself does not guarantee that the User will actually order the Pro Service from the Professional.
The Professional acknowledges and agrees that in relation to P2P, it is an independent entity, customer and contracting party to P2P, and that the Professional is neither an employee of P2P nor its collaborator, joint venture, representative or agent. P2P does not control and has no right to control the Pro Services (and their quality) provided by the Professional to the Customer, except for the cases explicitly mentioned in the Terms and Conditions.
The Professional is solely responsible for the performance of all legal (e.g. tax) and other duties associated with providing of the Pro Services on or through the Platform.
P2P may, in the manner and to the extent required by the applicable law, obtain publicly available information concerning the Professional, and may restrict, block, suspend, deactivate or cancel the Professional Account following the results of such inspection.
Users may access the Platform without registering the Account, however, access to certain functionalities of the Platform will require that you open the Account.
You agree to provide accurate, up-to-date and complete information during the registration procedure and in all other cases when you use the Platform, and undertake to update the information so that it is accurate, up-to-date and complete at any time.
We have the right, at our sole discretion, to refuse or not allow you the registration and creation of the Account on the Platform.
Your Account is private and may not be used by anyone other than you. You are solely responsible for protecting the password of your Account. You are solely responsible for all activities within your Account and you are obliged to inform P2P about any unauthorised use of your Account without undue delay. P2P is not liable for any loss caused by unauthorised use of your account. Notwithstanding the foregoing, you can be responsible for such unauthorised use and any harm caused to P2P or third persons.
If your device through which you access the Platform and Account is used by several persons, you are solely responsible for signing out from the Account after using the Platform so that nobody else can use the Platform using your identity.
Your Account is the property of P2P, and its content and all rights therein are non-transferable, not subject to inheritance and are exclusively vested in you.
The Platform offers the services in the form of a virtual market in your device which matches the user’s demand for work, service and/or goods with an offer of another user who offers such work, service and/or goods. The Platform allows for easy and fast communication between such users and makes it possible to post and search for offers of and demands for work, services and goods.
The Customer uses the Platform to enter its requirements (demand) related to work, service and/or goods, communicate with the Professional, accept the solutions, propose and approve the delivery date and the amount of remuneration, etc. The Professional uses the Platform to offer its work, services and/or goods, respond to the demand of the Customer, communicate with the Customer, offer the solutions, suggest and agree on the delivery date and the amount of remuneration, etc.
Following the user’s demand, the Platform, through automated process, informs the Professionals about a new demand and for a consideration mediates the contact details of the Customer who posted the demand to the Professionals. Responding and sending of the offer to the Customer is solely at discretion of the Professional and selection of the Professional is made solely at discretion of the Customer, and it is solely up to the Customer and Professional whether or not they will conclude a contract and under which conditions they will do so. Remuneration for delivery of work, service and/or goods is agreed between the Customer and the Professional, P2P does not interfere with the contract between the Customer and the Professional, cannot influence the conclusion of the contract and the terms specified therein and bears no responsibility for the same. The Platform does not guarantee the performance between the Customer and the Professional and is not involved in the legal or other relationship between the Customer and the Professional. The purpose of the Platform is solely to mediate the contact between the Customer and the Professional on the basis of the demand of the Customer and the offer of the Professional and also allow confidential communication between the Customer and the Professional (in the form of chat) and mutual evaluation of the Customer by the Professional and vice versa, after delivery of work, service, and/or goods, and posting of the evaluation on the Platform.
The Platform may be used only for the purposes specified in these Terms and Conditions. Using the Platform for other purpose is prohibited without our consent. You acknowledge and agree that you have no right to any consideration for its use or for posting the Content on the Platform.
Any questions, comments, suggestions, ideas, topics or other information concerning the Platform or services provided by or through the Platform you will send us may become property of P2P and we may use them within the scope of the Licence to the User Content.
In accordance with these Terms and Conditions, P2P grants you a limited, non-exclusive, revocable, non-transferrable and indivisible license to reproduce and display the Collective Content (except for any software source code) solely for your personal and non-commercial use and only in connection with your access to the Platform and participation in the Platform.
You are not allowed to use the Collective Content in any other manner, in particular you may not use, duplicate, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, publicly transmit, broadcast or otherwise use the Platform or the Collective Content, with the exceptions explicitly allowed by these Terms and Conditions. The Platform and the Collective Content are provided to you on an “AS IS” basis. If you download or print a copy of the Collective Content, you must retain all copyright and other proprietary notices contained therein.
You acknowledge and agree that you are solely responsible for the entire User Content you will make accessible on or through the Platform. Therefore you represent and warrant that: (a) you are a sole and exclusive owner of any User Content you will make accessible on or through the Platform, or you have all rights, licences, approvals and permissions necessary to make the User Content accessible as specified in these Terms and Conditions; and (b) neither the User Content nor your use of the User Content or its use by P2P on or through the Platform violates the rights of any third person (e.g. patent, copyrights, trademarks, trade secret or other proprietary rights or intellectual property rights of third parties or moral rights or other rights) or the applicable law. You agree that P2P has the right (but not the obligation) to control, modify, block and/or delete your User Content and that you remain solely responsible to monitor your User Content and ensure that the User Content is in compliance with these Terms and Conditions.
P2P reserves the right, at any time and without a prior notice, to remove or restrict the access to the User Content which, at our discretion, we consider to be inadmissible due to any reason whatsoever, in conflict with these Terms and Conditions or applicable law, or otherwise detrimental to the Platform or its users, or due to any other reason whatsoever.
By posting any Content on or through the Platform, you grant to P2P a worldwide, irrevocable, perpetual, non-exclusive, transferrable, royalty-free license with the right to sublicense and assign the license, to all known methods of use of the User Content (in particular, but not limited to, to duplicate, modify, distribute, license, sell, transmit, publicly display, publicly perform, publicly transmit, broadcast, display or otherwise use such User Content), at our own discretion. The license will survive cancellation of the Platform or your Account on the Platform.
As a user of the Platform you may not (in addition to other prohibitions mentioned herein):
Fees and payments.Using of the Platform for all Members is free of charge, except for certain services for the Professionals that are expressly stated to be subject to payment. The provision of Pro Services itself and the payment system between the Professional and the Customer are realized outside the Platform, out of the reach of P2P. Neither our services, nor Pro Services, nor payments for them are subject to an in-app payment definition.
P2P is entitled to determine, at its sole and exclusive discretion, all parameters (including price, time limit, scope, characteristic, etc.) of the services for the Professionals subject to fees, and you will be informed of them prior their purchase. Such notice, together with the amount of the payment and other terms, will be made available to the Professional before deciding to accept or decline such a paid service.
Credits and projects.
Professionals may be charged for the provision of certain services, including but not limited to providing an opportunity get to selection of Professionals from which a Customer interested in Pro Services will be able to choose a particular Professional to provide Pro Services (hereinafter as the “project”). The project does not mean that the Professional will get a guarantee of providing the Pro Services to the Customer, the project or getting the project means only that the Professional gets to the selection of Professionals from which the Customer may or may not choose the one to provide him the Pro Service.
The paid services can have various forms, such as credits.The validity of the credits is limited in time and the validity period will be notified to the Professional before they are purchased. The professional acknowledges and declares that he agrees that P2P is not responsible for and does not guarantee the accuracy of the project value estimate, P2P states only the estimated project preliminary value, which is indicative and may differ from the actual real one. The same applies to indicating the number and value of potential engagements / projects that the Professional may get. P2P may or may not, at its sole discretion, provide the Professional with a bonus to the credit. The provisions of these Terms and Conditions apply also to bonuses, unless otherwise stated in the Terms and Conditions or on the Platform. The Professional is not entitled to the bonus.
In connection with Professionals' fees, we will automatically use a payment method that you have chosen, which you can change at any time in your Platform settings. You must have at least one valid payment method set up to use the Platform as a Professional. If for any reason we cannot charge you the default payment method, you agree that we may use any other payment method associated with your Account. If your payment information changes, your credit card provider may provide us with updated credit card information. We may use this new information to prevent disruption of our services and yours Pro Services. If we are unable to process the default payment method, we will attempt to process any other methods of payment associated with your Account in the order in which they were last provided, used or updated on the Platform, and the last provided,
used or updated valid form of payment is processed first.
We use third party services to process payments. We do not process your credit card information, which is processed by a third party for the purpose of making a payment.
You agree to pay all applicable fees for which you are obliged as a Professional, regardless of whether you have an active Account. If you fail to make a payment in a due and timely manner, or if P2P cannot charge your credit card or other payment method for any reason, P2P reserves all rights it has under the applicable law to collect the payment and all costs, expenses and charges incurred in connection with exercising of the right to receive the payment. If the fee is not paid on time or if we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
Any payments to P2P are fix, non-refundable and without any (full or partial) refund or compensation, even if not consumed for the services provided by the Platform and / or P2P. If you cancel your Account at any time, you will not receive any refund for any balance remaining on your Account. The same applies if we cancel your Account due to your breach of these Terms and Conditions.
The fees and charges required under these Terms and Conditions may be quoted excluding all taxes, duties, levies, transaction costs, etc. (collectively as the "taxes"), but certain jurisdictions may require us to collect from you the taxes on the purchase, payment, access or use of the services subject to fees. In this case, as a Professional, you are responsible for fulfilling all obligations connected with the taxes and bearing the taxes associated with the purchase, payment for, access to, and / or use of the services of the Platform which are subject to fees. You also acknowledge that P2P may determine your applicable jurisdiction for tax purposes, which it deems to be correct or as required by law, and you agree to pay us any taxes that we include in your invoice. You acknowledge and agree that, as a Professional, you are solely responsible for meeting all tax and other obligations associated with providing a payment to P2P and that we do not provide and do not offer specific tax advice to Platform Members, Customers or Professionals.
You explicitly agree that all communication regarding payments and fees will be made electronically, especially within the Platform itself. You agree that all notifications and other communication that we provide to you electronically comply with all legal requirements for such communication to be deemed in writing. You agree that we may store such communication so that it remains accessible as it is.
The Platform allows evaluation of the Professionals with respect to providing of their Pro Services by the Customer and also evaluation of Customers by the Professionals. The disputes between users may arise, however, you agree and acknowledge that P2P is under no obligation to engage in any dispute between the users or between the users and third persons. This is without prejudice to our right to engage in and/or make efforts to settle such disputes.
We respect the intellectual property and the related rights of other persons and you undertake to respect the same. You agree to comply with and respect the copyright and if you infringe or if we have a reasonable suspicion of such infringement or threat, we may cancel, block the Account or suspend the access to the Account for you at any time.
If you believe that your intellectual property rights have been infringed, feel free to contact us.
Neither P2P nor the Platform prefers any user, Customer or Professional and P2P is not a party to the agreement among users, Customers and Professionals. By using the Platform no joint venture, partnership or any other employment or other relationship is established between P2P and its Members (except for the contractual relationship established by these Terms and Conditions). Neither P2P nor Platform Member manages or controls the activities of the other and may assume the rights or obligations on behalf of the other. Members are obliged to provide P2P with complete, accurate and up-to-date information P2P and although P2P may perform further inspections in order to ascertain and verify the identity of a user, P2P is not obliged to do so and is not responsible for verification of identity, trustworthiness and conduct of any user of the Platform. P2P assumes no responsibility for whether or not the Professional meets all legal requirements and conditions for providing of the Pro Services and P2P is not liable for the Professional’s trustworthiness and conduct. Any information concerning the Member given on the Platform are given with no warranty, you make your own decisions on the identity and suitability of the persons you contact through the Platform or communicate with and you bear full responsibility for it. P2P is not liable for any damage or loss caused by your interactions with other users.
The Content may contain links to websites of third parties, offers or other events / activities not owned or controlled by P2P. We neither approve nor assume any responsibility for any such links and if you access such links, you do so at your own risk.
By using the Platform, you acknowledge and agree that any claim you will have in connection with conduct of other users or third persons will be limited to the claim against such a user or a person and you will not exercise such claim against P2P.
P2P may, besides other rights specified herein and rights which P2P has under the applicable law, at its discretion take any steps permitted by law in case that you breach these Terms and Conditions or any other rules or agreements between you and P2P, including but not limited to: removing the User Content, restricting your access to the Account, cancelling your Account, cancelling your offers of Pro Services and / or demands for the Pro Services, preventing from the access to the Platform, cooperation with law enforcement bodies and cooperation with other authorities in other proceedings.
You may decide to restrict, block, suspend, deactivate or cancel your Account at any time and at your discretion, in full or in part, even without a prior notice. You acknowledge and agree that you will have no right for any compensation, that it might result in restriction or cancellation of your access to the Platform and that we may inform other users about our decision and also about the reason for our decision. You can cancel the access to the Platform and / or cancel the Account also by yourself. Please, note that if your Account has been cancelled, we are under no obligation to remove or return any Content you have posted on the Platform.
The supervising authority in the matters related to protection of consumers is Slovenská obchodná inšpekcia (SOI) (Slovak Trade Inspection), SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Division of Products Technical Control and Consumer Protection.
The Customer being the consumer has the right to refer to the alternative dispute resolution entity with the aim to protect its consumer rights and during the dispute to cooperate with such entity with the view of prompt resolution of the dispute. In case of cross-border dispute the Customer has the right to refer to the European Consumer Centre which will provide the Customer with the delivery address, electronic address or telephone number of the alternative dispute resolution entity which is competent to resolve the dispute. The possibilities and conditions of alternative dispute resolution are regulated by Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on changes of and amendments to certain acts. More information about the alternative resolution of consumer disputes is available on: http://www.mhsr.sk/alternativne-riesenie-spotrebitelskych-sporov-clr where also the list of alternative consumer dispute resolution entities is kept and also on: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi which is one of the alternative consumer dispute resolution entities. The motion to initiate the alternative dispute resolution may be filed also through the platform on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
The Customer being the consumer may withdraw from these Terms and Conditions at any time by cancelling the registration on the Platform, which will make its further use impossible.
These Terms and Conditions and the relationships between you and P2P shall be governed by the provisions of the Slovak law, with the exclusion of its conflict of law rules. You agree that any claim or dispute arising between you and P2P will be settled before the Slovak court with local jurisdiction according to the address of the registered office of P2P.
Your use of the Platform, Pro Services and/or Content of the Platform is at your own risk and responsibility. Your communication and performance of the obligation in relation to other users of the Platform is also at your own risk and responsibility.
The Platform is provided on an “AS IS” basis and P2P does not provide any warranties in respect of its use and the content of the Platform and any liability for the continued functioning, faultless operation and ensuring the services provided by or through the Platform or for any possible suspension or termination of the provision of the Platform services, and we may do so at any time with the immediate effect, without stating any reason and even without a notice.
P2P is not liable for any damage or loss that could be caused to users of the Platform in connection with the use of the Platform.
P2P is not liable for whether or not the data on users of the Platform are complete, accurate and/or up-to-date. P2P is not liable for whether or not the person using the identity of the Member is actually the person whose data are given in the Account. These facts fall within the liability of the user and the Platform Member who has posted such data. P2P is not liable for whether or not the Professional is actually authorised to provide the Pro Services and whether or not the Professional meets all conditions and pre-requisites for providing the Pro Services – it is the Professional who bears the liability. P2P is also not responsible for the performance of tax and other legal duties by the Platform Members.
Taking into account the nature of the Internet, we are neither responsible for security or protection of personal data you provide us through the Internet nor for their inspection and for the manner in which other users of the Platform use your data received from you, so you should be careful in selecting the information you post on the Platform. The same applies to communication between individual Platform Members.
We bear no responsibility for the User Content posted by a user on the Platform (in particular, but not limited to, P2P is not responsible for the content and posting of any evaluation of the Platform Member posted by another Member). We are not liable for any consequences that might arise as a result of unlawfulness of the User Content. As we wish the Content posted on the Platform to be in compliance with the applicable law, you agree and undertake that you will not post on the Platform any User Content that is or could be in conflict with the applicable law, good morals and these Terms and Conditions.
As we are not able to check whether the goods, services and work offered as the Pro Services of the Professionals comply with the applicable law, we are not responsible for the Pro Services, offers of the Professionals and their implementation and for the performance of obligations of the Professionals under the agreement with the Customer and in compliance with the applicable law. On the other hand, we are neither responsible for the Customer and compliance of the Customer’s demand with the applicable law nor for the performance of obligations of the Customers under the agreement with the Professional and in compliance with the applicable law.
You acknowledge that P2P has no obligation but has the right to: (a) monitor and browse the User Content, and/or (b) request the identification and verification of identity of the Member (Customer and/or Professional) and of any user of the Platform.
We reserve the right, but we are not obliged, to monitor and check any User Content (including your communication with other Platform Members) for the purpose of monitoring of compliance of its contents with the applicable law and /or in case that we are obliged to do so under the applicable law and/or following the notice and/or at own discretion. We also have the right, but not the obligation, to edit, delete, block the access to such User Content, make it available to the respective authorities, even partially, without stating a reason and without a notice and you acknowledge and agree with the same. The same applies to your communication with other users of the Platform.
Notwithstanding the above authorisation, as it is not possible and reasonable to expect us to perform the regular and continuous control of the User Content, we are not responsible for the User Content and its compliance with the applicable law and these Terms and Conditions.
You agree, undertake and promise to fully indemnity P2P without any limitation for all damage and loss that P2P could suffer in connection with your use of the Platform, in particular, but not limited to in connection with (i) your breach of these Terms and Conditions, good morals and applicable law in connection with using the Platform and/or (ii) your User Content or Collective Content posted on the Platform and/or (iii) your communication and performance of obligations in relation to the Member or other user of the Platform and/or (iv) your request for the Pro Services or offer or implementation of the Pro Services, etc.
You agree that advertisement of third parties and links to other websites and resources of third parties may be displayed to you on the Platform. Such links and content accessible on them is not controlled by us and we are not responsible for it. You enter such websites at your own risk and you are aware that these Terms and Conditions do not apply to such websites.
Force Majeure: Whoever breaches the obligation arising from the contractual relationship shall compensate the damage thus caused to the other person, unless it proves that the breach has been caused by the circumstances excluding responsibility. The circumstances excluding responsibility means an obstacle which occurs beyond the control of the liable party and prevents the liable party from performing its obligation if it cannot be reasonably expected that the liable party could have avoided or overcome such an obstacle or its consequences, and, furthermore, to have anticipated such an obstacle at the time when the obligation arisen. The liability is not excluded by an obstacle which occurred at the time when the liable party was in delay with the performance of its obligation, or due to the liable party’s financial situation. The effects excluding liability are limited only to the period during which the obstacle is present and to which such effects are related.
Severability: If, due to any reason whatsoever, any of the provisions of these Terms and Conditions is declared invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of these Terms and Conditions and P2P may replace such invalid or unenforceable provision by the one which corresponds to the original intention of such provision, and the remaining provisions of the Terms and Conditions shall remain valid and enforceable.
No assignment: Unless otherwise stipulated in the Terms and Conditions, a user may not assign, delegate, or otherwise transfer any rights and obligations or receivables related to the use of the Platform without a prior written consent of P2P.
No set-off: Unless otherwise stipulated in the Terms and Conditions, unilateral set-off of any receivables related to the Platform or between a user and P2P is not allowed (irrespective of whether the receivables are due or not due, conditional or unconditional, current or future, financial or non-financial).
Headings of Parts: Individual headings of parts of these Terms and Conditions are intended for convenience only and have no legal effect.
Grammatical Forms: All terms such as "you" or "your" etc. are used in the Terms and Conditions in their necessary grammatical form, i.e. where “your” obligation is stated, it means that “you” have such obligation. These terms and references to these terms mean the person who accesses, uses and / or participates in the Platform in any manner whatsoever and any of its legal successors.
P2P contact details: E-mail address: [email protected]
Language: These Terms and Conditions may be executed in more language versions, but the Slovak version shall prevail.
In Bratislava, 18/12/2019