Terms and Conditions
These are our terms of service for Qyre AB.
It's a pretty long text but it's important.
Revised Date: October 4th, 2020
The Site and the Services, as defined below, are provided to you by Qyre AB, a company registered in Sweden with company registration number 559146-0364 (the “Company” or "we"/"us"/"our").
By setting up an account at the Site, you confirm that you have read and understood, and that you accept to be bound by these Terms. Your acceptance of the Terms is a requirement for your access to and use of the Services. If you do not agree to the Terms, please do not access or use the Services. The Company has the right to revise and amend the Terms from time to time. In the event of any material changes, the Company will notify you by e-mail. By continuing to use the Services after such notification, you agree to be bound by the revised or amended Terms.
1. ABOUT THE SERVICES
1.1 The Site is an online platform for connection, recruitment, communication and production management directed primarily towards freelancers, media production companies and other project creators, and via the "Qyre Boka"-Service, as further described below, also towards consumers and other kinds of customers.
1.2 After creating an account, you will be able to create your own profile with information about which production area you work in, previous productions/experience, upload images, videos and other media to showcase yourself and your work and include other relevant information that you wish to share with the other users on the Site. You will also indicate your availability for engagements. Once recruited to a production or other engagement, you may get administrator access and communicate with other users involved in the same production. As a production company, or a user with administration access, you may follow-up on the production, see users involved, get statistics about the ongoing productions, etc.
1.3 Please note that some of the features available on the Site, such as bookings, invoicing, document signing, financing, advanced project monitoring, etc., may have separate terms and conditions, which are provided by a third party (e.g. payment processing services, invoicing and contract signing solutions) and/or be subject to subscription fees. In that case, such terms and conditions are presented in connection with the relevant feature. All features are further described on the Site. In addition hereto, please note the special terms for the "Qyre Boka"- Service, as further described in Section 3 below.
2. YOUR USE OF THE SERVICES
2.1 You may not, whether by yourself or anyone acting on your behalf, use the Services for any other purpose than as expressly stipulated herein. Non-permitted use of the Services includes, but is not limited to: (i) using the Services and/or the Site for any illegal, immoral, unlawful and/or unauthorized (i.e. purposes for which the Services are not intended) purposes; (ii) interfering with or violating other users’ rights to privacy and other rights, or harvesting or collecting personally identifiable information about other users, whether manually or otherwise; (iii) bypassing any measures we may use to prevent or restrict access to the Services; or (iv) copying, modifying, altering, adapting, making available, reverse engineering, decompiling, or disassembling any portion of the content made accessible by the Company on or through the Services and/or the Site or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content, other than as expressly permitted under these Terms or applicable law.
2.2 Objectionable content may not be uploaded or displayed and we reserve the right to remove said content and ban or block policy violating users. Objectionable content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) promoting harassment, bigotry, racism, hatred or physical harm of any king against any group or individual; (iv) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (v) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can report content they deem objectionable for review. Content will be moderated by us to ensure the timely removal of any and all objectionable content.
2.3 You warrant that all user information provided by you to the Site and to the Company is true and correct and that, when necessary, you will update your user information in the Services so that it remains true and correct at all times.
2.4 You are responsible for maintaining control over your account and for preventing third parties from accessing the Services. You undertake not to reveal your password or any other personalized details associated with your account which could enable a third party to access your account.
2.5 The availability and functionality of the Services depend on various factors, such as communication networks, software, hardware and the Company’s suppliers. We do not warrant that the Services and/or Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
3. COMISSION AND PAYMENT PROCESSING
3.1 You acknowledge that all production engagements, or similar jobs, gigs, rentals or other opportunities presented via the Site are subject to a percentage-based commission payable to the Company. The size of the commission may vary depending on type and size of assignment and is stated on the Site.
3.2 By booking an engagement via the Site, you accept that, although your contract for the particular engagement is with the performer of the relevant services, the fees for the engagement (including the commission to the Company) may be invoiced to you by the Company, or by use of a third-party supplier (Klarna) on behalf of the performer.
3.3 In case payments are handled by the Company on your behalf (regardless of the manner in which it is handled), the Company will deduct its commission from any payment from a user, before any amount is paid out to you (being the performer of the service).
3.3.1 For the avoidance of doubt, the Company is not responsible for any obligations in the agreement between the performer of a service engagement and the user, including any payment obligations, and the Company is not responsible for collecting any outstanding amounts from the user e.g. sending payment reminders or calculating interest in case of delayed payments.
4. SPECIAL TERMS FOR QYRE BOOKA
4.1 Qyre Boka is a Service which enables you to publish and offer to the users of the Site (the "User(s)") services such as jobs, gigs, rentals and other assignments related to media production (collectively, "Freelance Service(s)") against the payment of a percent-based commission to the Company, as further specified on the Site.
4.2 As the provider of the Site, the Company does not own, control or manage any of the Freelance Services and the Company is not a party to the contracts concluded between you and the User. Thus, when you publish a Freelance Service on the Site, you undertake to provide the Users with relevant terms and conditions applicable to the provision of the Freelance Service, including pricing, payment terms and other relevant terms for the User's use, and your provision, of the Freelance Service.
4.3 When you accept a booking request from a User via the Site, or receive a booking confirmation through the Site, you enter into a contract directly with the User, and you are responsible for providing the applicable Freelance Service under the terms and at the prices provided by you to the User.
4.4 You acknowledge that the User may be a consumer and thus have statutory consumer rights, such as the right of withdrawal for a period of fourteen (14) days from your confirmation of the User's order for the Freelance Service. The Company may provide information to the User, in its general terms and conditions, of the right of withdrawal and that there is mandatory consumer legislation, but it will be your responsibility to ensure that these rights may be exercised, and the Company will refer any User wishing to exercise any rights to you.
4.5 Your relationship with the Company is that of an independent entity and not an employee, agent, joint venture or partner of the Company, except that the Company may act as a payment collection agent for you (see Section 4.7 below).
4.6 You acknowledge that the "Qyre Boka" Service is provided to all visitors of the Company's Site and that any content (such as pictures, texts, videos etc.) published by you in connection with a Freelance Service will become publicly available and visible for anyone visiting the Site. You may, at any time, choose to delete a Freelance Service or content published by you.
4.7 COMISSION AND COLLECTION OF PAYMENT
4.7.1 The Company will assist you in collecting payments from the Users and execute payments to you by use of a third-party supplier (Klarna). In order for us to execute payouts to you, you must provide us with relevant bank details or invoicing information, as applicable, depending on the payment method chosen by you at the Site.
4.7.2 The Company is entitled to a percentage-based commission, as specified on the Site, for all Freelance Services performed via the "Qyre Boka" Service. We will deduct the agreed commission amount before paying out any received payments from the Users to you. We will not charge you any commission for Freelance Services in case of non-payment from the User.
4.7.3 For the avoidance of doubt, the Company is not responsible for any obligations in the agreement between you and the User, including any payment obligations, and the Company is not responsible for collecting any outstanding amounts from the User e.g. sending payment reminders or calculating interest in case of delayed payments.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Company owns or controls the Services, the Site as well as any content available there which has been created or generated by the Company. All intellectual property rights pertaining thereto, including, but not limited to, patents, trademarks, domain names, trade names, materials protected by copyright and trade secrets are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property legislation. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
5.2 The ownership rights to material that you upload to the Services remains with you, and the Company does not claim any ownership to any such material. However, the Company is entitled to use such material and data for the purpose of improving the Site and/or the Services.
5.3 Please note that if you upload texts, images, or other kinds of material owned by a third party to the Site and/or the Services, it is your responsibility to ensure that you have the necessary rights to use and publish such protected materials on the Site and/or the Services.
6. LINKS TO THIRD PARTY WEBSITES
6.1 Please note that the Site may include links to other websites which are owned and operated by third parties. The Company does not moderate the content of such websites, and neither endorses, nor is responsible for, any content, advertising, products, services or other materials on or available from such third-party websites.
6.2 Your use of third-party websites may be subject to that third-party’s terms and conditions, and the Company recommends that you review the terms and conditions of such third-party websites before using them.
6.3 PERSONAL DATA
6.5 For other processing activities, i.e. when users interact, manage productions etc. each user, or production company, respectively, is considered as the data controller for its processing activities. The Company is considered as the data processor, acting on behalf of its users, in such processing activities. Such processing solely consists of storing the data added to, or generated by the use of, the Site and managing the Site so that it is available for the users as described herein, and the personal data pertains only to the users of the Site. The following sections under this Section 6 regulate the relationship between the Company and the user when the Company is acting as a data processor.
6.7 The Company is given a general right to engage sub-contractors in order to provide the Services and to process personal data. When engaging sub-processors for the processing of personal data the Company shall, at the request of the user, inform the user of any plans regarding engagement of a new sub-processors or replacement of a sub-processor, so that the user is given an opportunity to object to such changes. The Company undertakes to enter into a data processing agreement with each such sub-processor on terms and conditions equivalent to this Section 6. The Company shall remain fully liable to the user for the performance of a sub-processor’s obligations.
7. CHANGES TO THE SERVICES
7.1 The Company reserves the right to modify, correct, develop, improve, or make any other change to, or discontinue (temporarily or permanently), the Services and/or Site (or any part thereof) without notice, at any time. In the event of a permanent discontinuation of the Services, the Company will, unless prohibited by applicable law, inform you hereof not later than thirty (30) days prior to such discontinuation.
8. TERMINATION OF THE SERVICES AND/OR THE TERMS
8.1 Your non-compliance with the Terms may result in the removal of your content from the Site and/or termination of your account and your use of the Services. By using the Site and the Services, you accept that the Company may, at any time and at its own discretion, close the Site or parts of the Site and discontinue the Services or parts thereof.
8.2 You may delete your account in order to terminate your use of the Services at any time and for any reason. In such case, your rights and obligations under the Terms will also terminate except for such obligations of yours that have arisen as a consequence of your use of the Site and the Services before the deletion of your account.
9.1 You agree to defend, indemnify and hold harmless the Company, including our officers, employees, affiliates, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your unauthorized use of the Services, the Site and/or content therein; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Services and/or Site; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party, including a User of a Freelance Service, with relation to the Services and/or Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 To the fullest extent legally permissible, the Services, the Site, the content and third party components provided therein are provided on an "as is" and "as available" basis, and the Company and our vendors (including the applicable platform providers) disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose.
10.2 We will make reasonable efforts to make sure that the Services will be available for use 24 hours a day and 365 days a year. However, the Company will not be liable and/or responsible for the Services’ and/or the Site’s failure to be available for any reason whatsoever, including but not limited to internet and network caused outages, outages during which the hardware and software cannot be accessed due to technical or other problems that are not under our control (e.g. force majeure, third party negligence, etc.).
10.3 To the maximum extent legally permissible, in no event shall the Company, including the parties mentioned in Section 9.1, be liable for any damages whatsoever including, but not limited to, direct or indirect damages of any kind (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the Services, your use or inability to use the Services or failure of the Services and/or the Site to perform as represented or expected.
10.4 For the sake of clarity, the Company shall have no obligation whatsoever to fulfil any obligations or requirements stipulated in the contracts, agreements, etc., or otherwise agreed, between the users of the Services, including the Users of a Freelance Service, and shall not be liable for any damages arising or resulting from such agreements (including, but not limited to, non-payments).
11.1 These Terms constitute the entire terms and conditions between you and the Company relating to the Service and supersedes any and all prior written or oral agreements or understandings between you and the Company.
11.2 The Company has the right, fully or partly, to transfer its rights and obligations to third parties under these Terms. You have no right to transfer your rights and obligations under these Terms, unless you have the Company’s written consent to do so.
11.3 If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of the Company to enforce its rights under the Terms shall not be regarded as a waiver of such rights. It is expressly understood that all provisions regarding limitations of lability and indemnities will remain in full force and effect and shall survive the deletion of your account at the Site.
12. GOVERNING LAW AND DISPUTES
12.1 Any claim relating to the Services and/or Site or the use thereof will be governed by and interpreted in accordance with the laws of Sweden, without reference to its conflict of law principles.
12.2 Any such claim shall be discussed in good faith and resolved amicably. To the extent such claims cannot be resolved through such discussions, it shall be settled by the courts of Sweden.
13. CONTACT INFORMATION
13.1 For information, support or questions, please contact us at firstname.lastname@example.org.