MyStreet

Terms and conditions

Terms and Conditions

 

I. Definitions

II. MYSTREET PROJECT USE AGREEMENT

III. SERVICES AVAILABLE TO USERS

IV. PURCHASE OF PRODUCTS

V. DELIVERY STATEMENTS OF DRIVER/RIDER

VI. DELIVERY AND PAYMENT OF PRODUCTS

VII. LIABILITY REGARDING THE PURCHASED PRODUCTS

VIII. LIMITS OF ACCESS AND USE OF MYSTREET

IX. USER REGISTRATION 

X. CONTENT PROVIDED BY USERS

XI.  LINKS TO SITE OF THIRD PARTIES

XII. DISCLAIMER AND LIMITATION OF LIABILITY

XIII. INDEMNIFICATION

XIV. COPYRIGHT, INTELLECTUAL PROPERTY

XV. NULLITY

XVI. APPLICABLE LAW AND COURT

XVII. MODIFICATION AND UPDATE OF THE TERMS AND CONDITIONS

 

 

 

I. DEFINITIONS

  1. The terms used in this contract will have the following meanings:

 

MyStreet” means a computer program, which also includes its graphical interface, on which MyStreet Technology Limited,(hereinafter referred to as "MyStreet"), owns all copyrights, respectively the computer program designed to be run on a mobile computer equipment, such as smartphone and / or tablet, and / or on a computer and which is made available to Users by MyStreet, including, in accordance with MyStreet's business policies, through the website www.mystreet.com („MyStreet.com” or „The website”). By accessing the MyStreet computer program it will be possible to conclude legal relations between Users (Partners and Customers, couriers and Customers), based on which the Customer will be able to place an order to purchase one or more Products that will be displayed in MyStreet's graphical interface. which will be delivered to the Client by the courier, in the terms and conditions provided in this contract.

 

Client” means the individual or legal person who purchases one or more Products, by launching a firm order to the Courier, using the MyStreet application.

 

Partner” – means any professional, company carrying on retail business i specialized or non-specialized food and / or non-food stores, which sell Products to Customers as a result of their orders made using MyStreet.

 

Courier” – means both the MyStreet Courier and the Third Party Courier.

 

MyStreet Courier ” – means MyStreet which delivers the Customer's Products through its self-employed Couriers, based on the latter's order launched within the MyStreet application.

 

Third party Courier” – is an authorized natural person or a legal person that based on contractual relations with MyStreet, which also includes these Terms and Conditions, provides services consisting in the purchase of Products on behalf of the Customer, i on the basis and in i the limits of the mandate, as the case may be, with / without representation granted by him and the delivery of the Products to the respective Client according to the latter's order launched within MyStreet, against a delivery fee.

 

Product” or „Products” – means a product or food and / or non-food products offered for sale by the Partner in its own stores and / or in third party stores and which are listed in MyStreet and which can be purchased by the Customer and delivered to him by the Courier, by placing an accepted order by Delivery via MyStreet.

 

Computer equipment” – means mobile computer equipment, of the smartphone and / or tablet type (on which an iOS, Android or Windows Mobile operating system is installed), and / or computer (desktop or laptop type) and which can run the MyStreet application accordingly.

 

User" - any person who accesses or uses MyStreet.

 

II. MyStreet SERVICE AGREEMENT

 

  1. The MyStreet app is available in the Apple Store and Google Play, including any of their component pages and access interface to any of the offers made by Partners, content, products and services provided by MyStreet Store through MyStreet (hereinafter referred to as collective „The services”) may be used only in accordance with the provisions of this set of terms and conditions.

 

  1. The provisions mentioned here, respectively the conditions of use of MyStreet constitute the contract (hereinafter "The contract") which governs the relationship between MyStreet and any User. Before using the Services, please read this set of terms and conditions carefully.

 

  1. For certain Services there may be additional terms and conditions, for example policies for a particular Product, for a particular Partner, for a particular activity or promotion, and those additional terms will be presented to you in connection with the relevant applicable Services. The additional conditions are added to the terms and conditions of this Agreement and will be considered an integral part thereof. In the event of a dispute regarding the relevant applicable Services, the additional terms will prevail over the terms and conditions of this Agreement

 

  1. Use of the Services, including any functionality of MyStreet, constitutes a statement of compliance with the following conditions: (I) AGING 18 YEARS OLD; (II) NON-EXISTENCE OF SOME CIRCUMSTANCES AFFECTING LEGAL CAPACITY, (III) IN THE CASE OF PROFESSIONALS, FULFILLMENT OF ALL LEGAL CONDITIONS AND HOLDING OF ALL AUTHORIZATIONS AND RESPONSIBILITIES TO PROVIDE THE SERVICES I HAVE OFFERED. OF THIS AGREEMENT, INCLUDING THOSE REGARDING THE LIMITATION OF MYSTRET'S LIABILITY AND APPLICABLE LAW. If any of these conditions are not met, the User must immediately cease accessing or using the Services.

 

  1. In order to ensure compliance with the conditions of access and use of the Services, the User undertakes to verify at the time of each access to MyStreet the terms and conditions of use of MyStreet. The use of the Services, even in case of the User's omission to analyze the applicable terms and conditions, represents the express agreement of the User to accept the respective conditions.

 

  1. Without prejudice to the provisions of par. 5-6 above, for the use of the Services, MyStreet may request the User to agree to this contract through a specific action, which has the meaning of an unequivocal consent (e.g. ticking a specific box).

BY CHECKING THE BOX ”I AGREE TO THE TERMS AND CONDITIONS of MyStreet” THE USER EXPRESSLY AGREES TO COMPLY WITH ALL THE TERMS OF THIS AGREEMENT, AS WELL AS ANY OTHER SPECIFIC TERMS AND CONDITIONS APPLICABLE, AS REFERRED TO IN THIS AGREEMENT.

 

 

 

 

III. SERVICES AVAILABLE TO USERS

 

  1. The services offered by MyStreet represent a technology platform that, through IT Equipment, allows the Customer :

 

  • - to place an order in this platform, which is then taken over by an interested Courier and available supplier, Courier who will be so mandated for :
  •  

      (i) to purchase in the name and on behalf of the Client (in the case of the mandate with representation) or in the name of the Courier and on behalf of the Client (in the case of the mandate without representation) Products that can be displayed in the MyStreet interface, and for

     

      (ii) to deliver the Products respectively at the address indicated by the Client (”Delivery Services”). The technical interface is available to the User free of charge, after the registration of the User, without it being understood that the actual delivery of the ordered Products can be done free of charge.

     

      The option to deliver the Products through the Courier is hereinafter referred to as “Delivery option to the Address Indicated by the Customer”  or “Delivery variant to the Address Indicated by the Client” .

     

  • - to place an order in this platform, following that the Products ordered by the Customer to be picked up personally by the Client from the physical store listed in the platform (store to which the Customer has placed the order).
  •  

      This option of personal pick-up by the Customer from the physical stores of the Products is hereinafter referred to as “Click & Collect option”  or “Click & Collect variant” .

     

      The choice of one of the options mentioned above will be made by the Customer after he logs into his User account from the MyStreet application and puts the Products in the shopping cart, but before the Customer places the order in the MyStreet application.

     

  • MyStreet is not a party to the legal relationship between the Customer and the Courier.
  •  

    Also, MyStreet is not a party to the legal relationship between:

     

    (i) Partner, as seller and Customer, as buyer – in the situation where the Third Party Supplier acts for the Client based on a mandate with representation. Thus, the sale of the Products is made between the Partner as seller and the Customer as buyer through the Client's agent (namely the Third Party Supplier). The Third Party Supplier is directly authorized by the Customer to purchase on behalf of the Customer, Products from Partners.

     

    (ii) between the Partner and the Third Party Courier - in case the Third Party Courier acts for the Client based on a mandate without representation.

     

    1. The launch of the orders can be done only after the Client creates his User account and provides correctly all the requested data. The Customer can buy Products in accordance with the prices set by the Partners and displayed in MyStreet. THE PRICES DISPLAYED IN MyStreet ARE INFORMATIVE, THEY CAN VARY DEPENDING ON THE TRADE POLICY OF EACH PARTNER. MyStreet HAS NO OBLIGATION, AND THE USER UNDERSTANDS AND ACCEPTS THIS THING, TO UPDATE IN REAL TIME THE PRICES OF THE PARTNERS AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DISCONTINUED SUBJECTS TO THE PARTNER, APPLICABLE AT THE TIME OF THE PURCHASE OF THE PRODUCTS BY THE DELIVERY. Also, the Client understands and accepts the fact that MyStreet does not influence the prices of the Partners, these being established unilaterally by them.

     

    1. MyStreet, Partners and Couriers reserve the right to refuse to deliver certain quantities of Products that the Customer wishes to order if those quantities of Products are large enough to be considered, under the applicable legal provisions, as related to a wholesale (wholesale), the limit allowed in MyStreet being 24L for liquids.

    IV. PURCHASE OF PRODUCTS

     

    1. The purchase of the Products will be made by the Courier, as the Client's agent, based on the order placed by the Client in MyStreet according to art. 8 above, and the Courier will pay for the Products from the latter's own resources. The purchase of the Delivery Services by the Customer is made at the moment when the Customer has launched the order of the Products through MyStreet or MyStreet.ro, and the application confirms the taking over of the order by a Courier.

     

    1. The amounts paid in advance, in cash or by other operations by card or bank transfer, by the Courier on behalf of the Client, in order to purchase from the Product Partner, will be settled by the Client at the moment of receiving the Products. Also, the Client will pay, in cash or through other permitted payment methods (as they will be available in MyStreet), the value of the Delivery Services displayed in MyStreet at the time of placing the order.

     

     

    1. The launch of the orders can be done only after the Client creates his User account and provides correctly all the requested data. The Customer can buy Products in accordance with the prices set by the Partners and displayed in MyStreet. THE PRICES DISPLAYED IN MyStreet ARE INFORMATIVE, THEY CAN VARY DEPENDING ON THE TRADE POLICY OF EACH PARTNER. MyStreet HAS NO OBLIGATION, AND THE USER UNDERSTANDS AND ACCEPTS THIS THING, TO UPDATE IN REAL TIME THE PRICES OF THE PARTNERS AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DISCONTINUED SUBJECTS TO THE PARTNER, APPLICABLE AT THE TIME OF THE PURCHASE OF THE PRODUCTS BY THE DELIVERY. Also, the Client understands and accepts the fact that MyStreet does not influence the prices of the Partners, these being established unilaterally by them.

     

    MyStreet, Partners and Couriers reserve the right to refuse delivery certain quantities of Products which the Customer wishes to order if the respective quantities of Products are large enough to be considered, under the applicable legal provisions, as being related to a wholesale trade (wholesale), the limit allowed in MyStreet being 24L for liquids.

    1. MyStreet will collect the relevant data regarding the Customer and his order, respectively the telephone number or other identification data of the Customer and the type of Product ordered and will transmit to the Courier the data regarding the Customer and his order.

     

    1. The Courier will take all necessary measures for the purchase and proper delivery of the Products uploaded to MyStreet within a placed order and will honor the orders received from Customers under the conditions provided in MyStreet. In the execution of the Delivery Service, the Courier will travel with his own means to the Partner, will purchase the Products respecting exactly the Client's order, will pay the equivalent value of the Products with own financial means, will transport the Products keeping their physical integrity, in conditions of hygiene and optimal temperature. to avoid possible damage to perishable products. The Courier will send to the Client together with the Products and the fiscal document issued by the Partner attesting the total price of the Products, on which occasion he will receive their equivalent value. Also, the Courier will collect from the Customer the tariff for the service provided, on which occasion the Courier will issue, deliver to the Customer or send to him at the same time by electronic mail to the e-mail address mentioned in the User's account an accounting document ( receipt) to certify the receipt of the tariff related to the Delivery Service.

     

    1. If the Client chooses the Click & Collect Variant, the following provisions will apply:

     

    1. The customer can choose the Click & Collect Variantonly for the Products sold by those stores for which it is mentioned in the MyStreet application that it offers the Click & Collect Option (Click & Collect Variant). 

     

    1. If the Customer chooses the Click & Collect Variant, the Customer will owe to the Partner's store both the price of the ordered Products and the collection fee displayed in the MyStreet application at the time the Customer places the order (this fee will be called “Collection Fee”) . The payment of the price of the ordered Products, of the price of the packaging (bags, bags) in which the Products will be placed at the end of the order and of the Collection Fee will be made by the Customer at the moment when the Customer will pick up the ordered Products. point (o) of the Article below.

     

    1. The placement of the orders for which the Client chooses the Click & Collect Option will be able to be performed daily (from Monday to Sunday) between 08:00 - 18:00. This schedule can be modified in case of application of a special holiday program.

     

    1. The Customer can pick up the orders for which he chose the Click & Collect Option, it will be possible to perform them daily (from Monday to Sunday) between 10:00 and 21:00. This schedule can be modified in case of application of a special holiday program.

     

    1. Applying the Click & Collect Option involves following the steps below:

     

    1. (a) The Customer chooses the Click & Collect Option in the MyStreet application (more precisely, in the MyStreet application, the Customer clicks on “Pick up the order from the store”). The store from which the Customer will be able to pick up the ordered Products will be the one indicated in the MyStreet application, not another store chosen by the Customer. The store that will be indicated in the MyStreet application for the “Click & Collect” Option will be that store located in the vicinity of the Client, depending on the address that the Client indicated in his User profile in the MyStreet application.
    1. (b) The customer chooses (in the MyStreet application) one of the following payment methods: (i) payment by card through a POS or (ii) payment in cash. For clarity, at this moment the Customer only chooses the payment method, but the payment will be made by the Customer only at the moment when he will pick up the ordered Products from the store.
    1. (c) At this step, the Customer can see in his User account from the MyStreet application the estimated cost of the order consisting of: (i) “Product Cost” (ie the estimated price of the ordered Products) and (ii) “Collection Fee”. At this time, the cost of the order is an estimate as that cost may vary depending on (i) the exact number of kilograms of a particular Product to be weighed in the store (in the case of Products sold per kilogram) and / or (ii ) the price of the packaging (bags, bags) in which the Products will be placed at the end of the order and / or of (iii) the fact that some of the Products ordered by the Customer are no longer in the store's stock. Therefore, the estimated cost mentioned above may differ from the Final Cost of the Order. The Final Cost of the Order represents that cost consisting of (i) the final price of the Products ordered by the Customer and in stock of the store (including Products sold per kilogram that were weighed in the store by store employees) and any replacement Products validated by the Customer according to the provisions below and (ii) the Collection Fee and (iii) the price of the packaging (bags, bags) in which the Products will be placed at the end of the order.
    1. (d) The order placed by the Customer will be directed from the MyStreet application to the store.
    1. (e) After placing the order, the Customer receives a notification in the MyStreet application confirming that (i) the order has been successfully placed and that (ii) within a maximum of 120 minutes he will receive a notification with the order pickup details.
    1. (f) If certain Products ordered by the Customer will not be found in the store (so they cannot be delivered to the Customer), an employee of the store (picker or "dispatcher") will contact the Customer by phone (at the phone number indicated by the Customer in MyStreet application) to validate the replacement products and the final order.
    1. (g) Following the telephone call mentioned in the above point, the Customer may cancel the order or validate the order.
    1. (h) Validation of the order implies the verbal agreement of the Customer regarding the ordered Products, verbal agreement expressed in the telephone call mentioned in point (f) above.
    1. (i) The cancellation of the order implies the transmission by the Client of a comment, in the MyStreet application, through which the Client expressly mentions the fact that he wishes to cancel the order.
    1. (j) Once the order has been completed, including any replacement Products validated by the Customer, he will receive a notification in the MyStreet application informing him that, from the moment of receiving the respective notification, the Customer has 3 hours to pick up the ordered Products from the store . At the same time, by the respective notification, the Client will be informed about the Final Cost of the Order.
    1. (k) If the Customer doesn't  pick up from the store The ordered products within 3 hours from the date of receipt of the notification mentioned in paragraph (j) above, the order will be considered canceled. In this case, the Customer will receive a notification in the MyStreet application informing him that (i) the respective order has been canceled and that (ii) he has the possibility to place a new order in the MyStreet application.
    1. (l) The Customer arrives at the store at the “Customer Reception” office and mentions to the “Customer Reception” employee that he must pick up an order placed through the MyStreet application (more precisely, the Customer will indicate his name and order number) .
    1. (m) The employee from “Customer Reception” (i) transmits to the Dispatcher the identification data of the Client's order and (ii) indicates to the Client the cash register number to which the Client must go to pay and take over the ordered Products.
    1. (n) The customer goes to the cash register that was indicated to him by the employee from “Customer Reception” and waits his turn next to the marking, respecting the social distance provided in the information materials present in the store.
    1. (o) The Picker brings to the cash register the Products ordered by the Customer, and the Customer pays to the cash register the Final Cost of the Order (as defined above). Payment can be made by card via a POS or cash.
    1. (p) The cashier hands to the Client the fiscal receipt related to the Final Cost of the Order. If the Customer requests the invoice, it can be obtained by the Customer at the Invoice Issuance Point in each store.
    1. (q)The cashier informs the Customer that the verification of the Products will be performed according to the line of the houses and after the collection of the Final Cost of the Order.
    1. (r) If the Customer finds that there are differences between (i) the Products in the validated order and (ii) the Products that were delivered to him by Picker or if the Customer has other complaints regarding the Products that were delivered to him by Picker , The customer will go to "Customer Reception" to invoke these issues. In this case, an employee of the store will go to "Customer Reception" and will solve the problems claimed by the Customer.
    1. (s)An employee of the store ticks in the MyStreet application that the order has been picked up by the Customer and poses the fiscal receipt (corresponding to the Final Cost of the Order) and closes the order in the application.

    V. DELIVERY STATEMENTS

     

    1. The Third Party Courier declares that it is aware and understands that it has the legal obligation to pay taxes and fees related to revenues obtained from the provision of Delivery Services to Customers, undertakes to declare to the tax authorities all these revenues and pay, within the law , fees and related contributions, being fully and exclusively liable for any damages caused to MyStreet and / or any other Users of MyStreet and / or third parties in connection with the breach of the above obligation.

     

    1. The Third Party Courier declares on its own responsibility that it meets the legal conditions, including the possession of all authorizations and approvals required by law, if applicable, for the provision of Delivery Services.

     

    1. The Third Party Courier understands that the possible differences appeared in the provision of services and the execution of the mandate concern exclusively it and  Client and will be resolved in good faith by them, without the involvement of MyStreet which is foreign to the legal relationship between the Third Party Provider and Client.

     

    1. The Third Party Supplier is solely responsible for honoring the delivery of the Products ordered by Customers and for the conformity of the Products supplied to Customers.

     

    The Supplier is solely responsible for resolving any complaints or problems notified by Customers regarding the concordance of the Products delivered with the Products ordered, with their delivery within the established term or in connection with any other aspects related to the preparation, the acquisition of the Products on behalf of the Client and their delivery, after taking over the order that was sent within MyStreet.

     

    1. The Partner is solely responsible to Customers and Couriers for the accuracy and timeliness of the information provided to MyStreet for their inclusion in MyStreet and for any other information provided in execution of this Agreement.

     

    1. MyStreet does not assume any obligation to supervise, record or edit the communications established between the User, the Couriers and / or the Partner through the technical interface for accessing the Products. MyStreet is not responsible for any effect that the User may have incorrectly filled in the requested data.

     

    VI. DELIVERY AND PAYMENT OF PRODUCTS

     

    1. If the Customer chooses Click & Collect variant , the delivery and payment of the Products will be made in accordance with the provisions of Article 13 above.

     

    1. The supplier will take all necessary measures for the collection, payment from own sources and proper delivery of the displayed products. in the MyStreet application, based on the entrusted mandate, respectively on the order made by the Customer and on the Delivery Service provided. The delivery term of the orders can be affected by aspects that cannot be managed by MyStreet: traffic, weather conditions, possible failures of the car.

     

    1. The settlement of the value of the Products is made by the Client, on the occasion of the receipt of the Products from the Courier. The client will make the payment in cash or (at the moment when this option will be available) with the bank card, strictly in the national currency (Romanian leu). The Courier will present to the Client the fiscal document attesting the value of the purchases (fiscal receipt / receipt / fiscal invoice), and the Client will pay the equivalent value written on this document.

     

    1. If the Customer chooses to pay by card at the POS terminal provided by the Courier, he will have the obligation to present, for the payment of the order and the Delivery Service provided, a valid bank card accepted by the payment service provider that puts available POS terminal. Depending on the settings / functions applicable to each bank card, the Customer may be asked to enter, on the keyboard of the POS terminal, a transaction authorization code (PIN code). After the validation of the payment operation, the Client will receive at the e-mail address indicated by him in the User's account, a receipt in electronic format attesting the bank transfer.

     

    1. MyStreet does not request directly or indirectly from the Client any bank data, all these data necessary for the payment processing being collected by the payment service provider which ensures the observance of the confidentiality of the data thus collected. The Customer is responsible for maintaining the confidentiality of banking data (including the PIN code related to the banking framework used), MyStreet being exonerated from any liability to the Customer in case of loss or disclosure of confidential banking data to unauthorized persons.

     

    1. Although MyStreet provides customers with the payment facility through a POS terminal, it does not provide payment services to customers. Therefore, MyStreet will not be held liable for any damage caused to the Customer as a result of any malfunctions of the POS terminal or any other malfunctions of the payment service provided by the payment service provider that prevent payment through the POS terminal or processing the payment made by the Client through the POS terminal. In order to avoid any impediments regarding the use of the payment service through the POS terminal, the Client is recommended to ask the Courier for confirmation regarding the availability of the POS terminal.

     

    VII. LIABILITY REGARDING THE PURCHASED PRODUCTS

     

    1. The Partner is solely responsible to the Customer regarding the conformity and guarantee of the purchased Products, as well as regarding the observance of all the obligations provided in Law 449/2003 regarding sale of products and associated warranties. MyStreet and the Courier have no obligation regarding the non-conformity of the Products purchased by the Customer from the Partner.

    The Partner is responsible for resolving any complaints or issues notified by Customers regarding the conformity of the Products or in connection with any other aspects related to the sale of the Products, based on the complaints made by the Customer.

     

    1. MyStreet does not assume any responsibility for the ordering by minor customers of tobacco products and alcoholic beverages. MyStreet and the Third Party Provider reserve the right not to return to minor customers tobacco products and alcoholic beverages ordered by them. In this situation, the representative of MyStreet or of the Third Party Courier will refuse the delivery of these products to the minor Clients and will collect only the equivalent value of the other products.

    Also, for justified reasons (for example, if the customer disrupts the activity of MyStreet or manifests inappropriate behavior in relation to MyStreet or otherwise violates these Terms and Conditions), MyStreet reserves the right to close customer accounts and / or or refuse to deliver certain orders. In these cases, MyStreet will inform the customer about this decision and about the reason that led to the decision.

     

    VIII. LIMITS OF ACCESS AND USE OF MyStreet

     

    1. The user will use to access and use MyStreet his own equipment, systems and programs (Smartphone, Tablet, PC, Internet connection, browser, computer, etc.). Although MyStreet has made efforts to ensure the accessibility and use of the technical interface included in the project via the Internet of the information related to MyStreet, MyStreet is not responsible for the compatibility of the Computer Equipment, systems or programs used by the User with the technical interface of MyStreet for accessing / providing the offers online.

     

    1. The user may not copy, publish, download, transmit, sell, use in own or third party applications or projects, nor mediate or alienate in any way the materials (texts, images, video or audio sequences, etc.) published in MyStreet, without the prior written consent of MyStreet.

     

    1. In using MyStreet and / or contracting MyStreet offers, the User agrees not to: (i) use MyStreet to send junk e-mail, spam, chain messages, pyramid schemes, or any other unsolicited, commercial, or other messages; (ii) display, transmit, publish, distribute or disseminate materials or information that are defamatory, illegal, obscene, indecent, threatening, abusive, harassing or illegal; (iii) display, transmit, publish, distribute or disseminate materials or information that could incite discrimination, hatred or violence against any person or group, on grounds of race, religion, disability, nationality or otherwise illegal; (iv) threatens, abuses, disturbs or violates in any way the legal rights (including privacy rights) of other persons; (v) use any information or materials in any manner that infringes any copyright, patent, trademark or other proprietary right of any person; (vi)(vii) collect or store personal information about others, including email addresses; (viii) advertise or offer the purchase or sale of goods or services for any commercial purpose, unless the means of communication provided by the Site specifically allows such communications and only for the category of services and / or goods explicitly provided; (ix) presents himself as having a different identity in order to deceive or mislead other people; (x) violates applicable laws or regulations; (xi) access / use the Site / offers in any way that could deactivate, overload or affect the Site / contract or conduct the offers or that would lead to interference with another party that uses and benefits from the Site / offers; (xii) display, transmit, publish, distribute or disseminate materials or information that you do not have the right to transmit under the law or a contract or a contractual or fiduciary relationship (mandate), such as inside information or confidential information disclosed during reports employment or the execution of a confidentiality agreement; (xiii) alter the evaluation results or the evaluation system of the bidders / Users by self-evaluation or other procedures with similar effect, such as the positive evaluation of a bidder with whom you have kinship, affiliation or other relationships that involve an interested decision ; (xiv) attempts to gain unauthorized access to any of the offers, other accounts, computer systems, or networks connected to MyStreet / offers by hacking, password-breaking, or any other means.

     

    1. Any violation of these limitations may lead to the blocking of the User's access to MyStreet and / or to the suspension of the User's account, as well as, as the case may be, to the notification of the law enforcement bodies for the application of contraventional or criminal sanctions. The same provisions apply to the attempt.

     

    IX. USER REGISTRATION

     

    1. If the technical interface through which Products is ordered requires the User to register, respectively to create an account, the User will be asked to complete the registration process by providing information and registration of a username and / or other information for using the technical interface of MyStreet and purchasing Products. The user is responsible for the reality of the information provided at registration, as well as for maintaining the confidentiality of the data and information transmitted to him for the effective purchase of the Products.

     

    1. In no event shall MyStreet, or any entities associated with MyStreet, be liable for any direct or indirect losses and any damages arising from the disclosure by the User of the data and information provided for the actual purchase of the Products.

     

    1. The registration of the User's account in order to order Products can be refused when the required information is not provided, as well as when the User has a situation that generates a conflict of interest incompatible with the offer of the Partners, the security of the MyStreet project or the activity of MyStreet and / or any entity associated with it.

     

    1. MyStreet or any associated entity has no obligation to monitor the Third Party Supplier's mandate and Product contracting process, but has the right to review the data, information and materials posted on MyStreet by any means of communication and to remove, at its discretion, any material or data that violates the conditions of access and use of MyStreet or that is, in the opinion of MyStreet, unacceptable.

     

    X. CONTENT PROVIDED BY USERS

     

    1. MyStreet may, in its sole discretion, periodically allow Users to transmit, upload, publish or make available MyStreet, through the Services, content and information in photo / video format, media, text (including in the form of comments and opinions about Services, requests for assistance, communications with Suppliers) („User Provided Content”). By providing the Content Provided by Users, the User grants MyStreet a valid worldwide license, perpetual, transferable, free of charge, with the right to sublicense, to use, copy, modify, create derivative works, distribute , display publicly, represent the public and exploit in any other way the Content Provided by the User in all formats and on all distribution channels known at present or created in the future.

     

    1. The User declares and warrants the following: (i) is the sole and exclusive owner of all Content Provided by the User, or holds all rights, licenses, agreements and authorizations necessary to grant MyStreet the above license; and (ii) neither the Content Provided by the User, nor the transmission, uploading, publication or provision thereof, nor the use by MyStreet of such content under this Agreement shall constitute an infringement, unlawful acquisition or infringement of any third party's proprietary or intellectual property rights. , or the rights of publicity or confidentiality of a third party, nor will it lead to the violation of any applicable law or regulation.

     

    1. The User undertakes not to transmit Content Provided by the User with a denigrating, defamatory, hateful, violent, obscene, pornographic, illegal or offensive content, as established by MyStreet at its exclusive altitude, regardless of whether the material is protected by law or not. . MyStreet has the possibility, but not the obligation, to examine, monitor or delete the Content Provided by Users, at the exclusive discretion of MyStreet, at any time, for any reason, without prior notice.

     

    XI. LINKS TO SITE OF THIRD PARTIES

     

    1. MyStreet may include links to third party sites that are controlled and maintained by others. Any link to / from other sites is not their approval and the User declares that he agrees that MyStreet, and any of the entities associated with MyStreet, including any employee, director or administrator thereof, will not be held responsible for the content. or the availability of any of those sites.

     

    XII. DISCLAIMER AND LIMITATION OF LIABILITY

     

    1. The use of MyStreet is made under the present conditions and AS SUCH AS IT IS AVAILABLE, without any representation or approval and without any guarantee, whether express or implied, except for representations regarding payments made by the User through MyStreet.

     

    1. MyStreet and the entities associated with MyStreet, including any employee, director or administrator thereof, will not be liable for any direct, indirect or related loss and for any damages (including, but not limited to: loss of business or opportunity, loss of data, income or profits of any kind) arising out of or in connection with the use of MyStreet, or the provision of any Services.

     

    1. MyStreet does not represent or warrant that MyStreet will meet User's expectations other than as expressly provided or meet certain requirements, nor that MyStreet functionality will be uninterrupted or error-free, that defects will be corrected or that the project, products within The project or server that makes them available is free of computer viruses or any other elements that may affect the systems with which it interacts directly or indirectly.

     

    1. MyStreet and / or the entities associated with MyStreet reserve the right to deny the User access to the MyStreet application at any time and not to be liable for the unauthorized / fraudulent use of MyStreet.

     

    1. MyStreet and / or the entities associated with MyStreet reserve the right to refuse or remove images or texts posted on MyStreet or transmitted through the means of communication and / or use of the offers.

     

    XIII. DESPAGUBIRI

     

    1. By using MyStreet, respectively the technical interface for contracting the Products, the User agrees to indemnify and hold MyStreets and / or the entities associated with MyStreet liable, including any employee, director or administrator thereof, in connection with any breach of this Agreement. which the User makes, as well as in connection with any claim or claim against MyStreet and / or any companies associated with MyStreet, including employees, directors or their administrators made by a third party and arising from improper use by the User of MyStreet and / or from the transmission of any content element transmitted through MyStreet, including, without limitation, all claims, actions, proceedings, losses, damages, costs, expenses (including reasonable costs and legal expenses), however incurred or supported by MyStreet and / or by entities associated with MyStreet.

    XIV. COPYRIGHT, INTELLECTUAL PROPERTY

     

    1. MyStreet owns the copyrights and all other intellectual property rights in connection with MyStreet, including the content of MyStreet and / or the associated computer programs MyStreet, and Partners, Customers and Couriers will not dispute or challenge, directly or indirectly, during the development of contractual relations. and upon termination of the Agreement, any of these rights of MyStreet and / or its affiliates, nor their validity.

     

    1. In order to fulfill their obligations deriving from the Contract, the Partners, Customers and Couriers will use the intellectual property rights of MyStreet and / or its affiliates owned on MyStreet and / or on the materials regarding MyStreet within the limits of the object of this Agreement.

     

    1. Partners, Customers and Couriers shall not reproduce, copy, duplicate and / or use (other than as provided in this Agreement) the MyStreet computer program and any part of MyStreet, or trademarks owned by MyStreet and / or any of its affiliates without consent. MyStreet expressed in writing.

     

    1. The Partner, Customer or Courier will not register with any national or international institution / authority / body, directly or indirectly, under any circumstances, without the prior express approval of MyStreet, trademarks, names, internet domains, companies, logos, copyright or any other intellectual property rights, as well as any other derivatives thereof owned by MyStreet and / or any affiliate of MyStreet. This obligation is essential, so that in case of breach by a Partner, Customer or Couriers and the party who breached this obligation will immediately transfer or assign to MyStreet the rights arising from this registration and pay any damages caused to MyStreet. Product names, brands, logos, logos and company names are trademarks of their respective owners.

     

    1. The right of the Partners, Customers and Couriers to use the trademarks, symbols, computer program of MyStreet (as expressly provided in this Agreement) shall terminate immediately upon termination, for any reason, of this Agreement.

     

    XV. NULITATE

     

    1. If any of the clauses of this Agreement are declared by a competent court to be invalid, illegal or inapplicable for any reason, that clause (any term / condition) will be removed and the remaining clauses (terms and conditions) will remain in force, continuing to produce effects, being binding and enforceable. In case of such nullity, the annulled clauses, terms and / or conditions will be replaced with appropriate others within 5 (five) working days from the date on which the court decision declaring the nullity produces legal effects.

     

    XVI. APPLICABLE LAW AND COURT

     

    1. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, and any disputes or disputes between the parties relating thereto shall be settled by the competent courts at the registered office of MyStreet..

     

    XVII. MODIFICATION AND UPDATE OF THE TERMS AND CONDITIONS

     

    1. MyStreet reserves the right to periodically modify this Agreement, as well as any other special terms and conditions displayed in MyStreet. The changes will take effect when MyStreet publishes those updated terms, or when it publishes the changed policies or additional terms in the relevant sections of the relevant Service to which they apply. Access to or further use of the Services after such publication constitutes the User's agreement to comply with the amended conditions.