TERMS & CONDITIONS
08 August 2017
Last updated: 08/01/2018
Terms & Conditions
- Introduction and Acceptance of the Terms & Conditions
- Update of Terms & Conditions
- Description of the Service Offered
- Technical Requirements
- Partner’s Warranties
- Customer’s Warranties
- Payment and Refund
- Cancellation of the Call
- Procedure to Be Elected as Partner
- Availability of the Site and Modifications
- Applicability of Online Materials
- Linked Sites
- Disclaimers and Limitation of Liability
- Intellectual Property
- Completion of the Contract
- Applicable Law – Competent Court
1. Introduction and Acceptance of the Terms & Conditions
2. Update of Terms & Conditions
Pixwell may change the Terms from time to time, so you must check them regularly. Your continued use of the Site will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, then please do not use the Site.
All notices shall be sent by email to email@example.com. We shall send notices to Users to the email address provided to us during the registration process. Notices will be deemed received 24 hours after the email is sent. If a User changes his email address he must notify us immediately.
If any clause or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.
Any failure or delay of ours to exercise or enforce any right in these Terms does not waive our right to enforce that right.
Pixwell reserves the right to refuse the Oone Service to any Customer for any reason if deemed necessary. Customers will be informed that the Oone Service will not be available to them, but they would be awarded a refund for any outstanding sessions under these circumstances.
Pixwell constantly monitors the oone.eu platform, any anomalous activity registered on the website will be taken very seriously and immediately fixed as soon as the problem is located. Pixwell reserves the right to record the speaking session in order to guarantee the User’s safety and to improve the service quality.
Pixwell is not responsible for any damage due to a document or file shared through the platform. The User complies to check the appropriateness, the legality and the safety of the file he/she wants to share.
Customer’s feedback is not compulsory, but it is nominative, personal and well-accepted by Pixwell. Feedback shall not contain offensive, unlawful, sexually oriented, vulgar or inappropriate material. Users who leave inappropriate feedback will be immediately noticed, the comment will be deleted and action will be taken against them.
The following expressions shall have the following meanings:
- Hour Packs are hour packages purchased in Oone
- Partners are experts who provide and perform services through Oone
- Customers are clients who purchase services in Oone
- Users are both Partners and Customers registered in Oone
- Calls are activities performed inside the service offered
In these Terms, words importing the singular shall include the plural and vice versa, words importing the masculine shall include the feminine and neuter and vice versa, and words importing persons shall include bodies corporate, unincorporated associations and partnerships.
5. Description of the Service Offered
The Site provides a business-to-busines networking platform through which Customers connect with
a worldwide network of Partners and is dedicated to companies, self-employed professionals and possessors of VAT identification number.
The Site proposes a number of Partners specializing in legal, tax, marketing and internationalization consultancy who assist the Customer and/or other Partners registered on the Site inside the chosen sectors. Customers buying an Hour Pack will get access to a New Request containing a specific number of Calls to be scheduled with the selected Partner. The Call will become possible after five days from the moment of the scheduling and will take place through the online videoconferencing platform offered by the Site.
Pixwell reserves the right to place cookies on the Customer’s computer for the purpose of the use of the services. Cookies are small data files placed on your hard disk by the majority of the internet sites so that you are identified easily when you revisit the site. The information collected by cookies is used solely for internal purposes and is never transmitted to third parties.
7. Technical Requirements
The Oone platform works both on home computers, PCs and mobile devices. Users need to have access to an Internet connection that will provide qualitative images and sound for the Call, a webcam that is compatible with the Internet provider in use and a working microphone. Failure to comply with these criteria may result in extra sessions awarded to Customers due to lack of quality in the technical performance of the Partner.
If a Customer or an Partner connect to start a Call and have a poor Internet connection (or if it fails), the Partner shall guide the Customer through standard troubleshooting procedures by using the internal chat. Both the Customer and the Partner shall confirm that they are using the Chrome web browser. If that is so, they shall both close and reopen the browser closing previously any other running programs or windows. The Customer and the Partner shall both confirm that they have allowed access to the use of their webcam and microphone via the web browser. If the inability to connect still persists, the Customer and the Partner will communicate the problem by writing an email to firstname.lastname@example.org. Oone shall subsequently reschedule a new Call suitable both for the Customer and the Partner.
If the Customer is unhappy with any Call he shall report his concerns to us within 48 hours from the end of the unsatisfactory Call by writing an email to email@example.com. We shall then investigate these concerns and, if appropriate, arrange a refund. Our decision in this regard is final and binding. Any unlawful behaviour of both the Customer and Partner will be reported to the appropriate institution.
The rights of access to and use of the services are non-transferable. The User is recognised by an identifier and a password for which he/she is entirely responsible; he also agrees to keep the constituent parts of the identifier secret and not divulge them to anyone.
Users must register with a valid personal email address. If a User registers with someone else’s email address, or with a temporary email address, then his registration may be terminated without notice. If there is a suspicion that an invalid email address is being used, Users may be asked to revalidate their registration. Pixwell reserves the right to terminate a registration if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to hide the use of registrations.
Registration can also be made through Facebook. By registering through Facebook, the User agrees to the Terms and Conditions hereby presented. Oone and its mobile application will not post on your behalf on Facebook, only public profile information, list of friends and email address will be taken in order to validly register on the Oone platform.
Users agree to use the instant messaging service in accordance with the following rules (hereafter “the Rules”):
No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
No unlawful or objectionable conduct: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
No spamming or off-topic material: discussions should be relevant to the topic at hand and must not include unsolicited promotional material.
No advertising or promoting: we do not allow advertising, promotions nor the posting of other web site addresses. Pixwell reserves the right to change the website and add advertising after the creation of the website.
No impersonation is allowed: the User agrees not to create a false identity; if the User should log in with unauthorized Facebook username and password belonging to third parties or which do not correspond to real identity of the User, the account will be immediately terminated.
Any inappropriate (e.g. vulgar, offensive etc.) user names will not be approved. Pixwell reserves the right to terminate or to reject a username for whatever reason.
Users must not use instant messages to submit or share any defamatory or illegal material whatsoever which includes text, graphics, video, programs or audio. It is strictly prohibited to submit or share material with the intention of committing or promoting an illegal act. Users must not violate, plagiarise, or infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
If a User fails to respect the Rules (and any variations thereto) he will be sent an email which informs him why he has breached the Rules and a warning that continuing to break the Rules may result in action being taken against him. This action may include the temporary or permanent suspension of his ability to participate in any Oone Service. If we consider such breach of the Rules to be serious and/or repeated, we may use whatever information that is available to us about the User to stop any further such breaches. This may include informing relevant third parties such as the police, his employer or email provider about the infringement. We reserve the right to take action against any User or any account, at any time, for any reason. We also reserve the right to terminate a registration if a User disrupts any of our services in any way.
9. Partner’s Warranties
Partners hereby warrant to us and to all Customers that:
The personnel in charge of the Service provided on Oone is adult of age;
The personnel is highly qualified and has matured significant working experiences in five business areas chosen during the registration phase;
They have provided us with accurate and up to date information about themselves;
They are personally responsible for the information posted by them on the Site and shall indemnify us against all and any liability incurred as a result of any false, inaccurate, incomplete or misleading information provided about themselves;
They are not employees of ours and are responsible for their own income tax, national insurance and other liabilities payable;
They will include a minimum of 10 hours of availability a week which they are free to set whenever they wish to conduct a Call, and can perform a Call from wherever they wish;
They can decide to leave the platform at any time by giving a 30 day written notice by sending an email to firstname.lastname@example.org; Pixwell will then remove the Partner from the portal;
They are equipped with the necessary technology that supports the platform and it is functional to the completion of the calls with the Customers;
They shall indemnify us against any and all losses, liabilities, costs, damages and expenses howsoever incurred by us in connection with their use of the Site and the breach of any of these Terms;
Their behaviour during a Call and at any moment on the Site will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect;
No material used by them in the course of a Call will be offensive or defamatory and it will not infringe any Italian or international law (including laws relating to copyright);
They are wholly responsible for the appropriateness and the content of any video or other material that they provide as part of a Call;
They will participate fully and professionally in all Calls;
They shall stay connected for the whole duration of the Call (sixty minutes) when the Customer is late or does not show up to the videoconferencing platform for any reason,
All anomalous activity that has not been communicated to us will be considered as unauthorised activity;
They will always arrive punctually at the scheduled Call. If the Partner is more than 5 minutes but less than 15 minutes late Pixwell will be authorised to charge the Partner with a sum equivalent of € 100,00. If the Partner does not show up or is more than 15 minutes late at the scheduled session the Partner will be charged with a sum equivalent of € 150,00. The Partner cannot cancel Calls past 24-hour notice unless they report an unavoidable emergency or illness. If the Partner cancels a Call without providing the 24-hour notice or without reporting an unavoidable emergency or illness, the Partner will be charged with a sum equivalent of € 150,00.
Oone has the right to terminate an Partner account if they disrupt the Service in any way. This includes, but is not limited to, continuously arriving late for scheduled Calls, missing scheduled Calls without warning or cause, not providing sufficient support or any other action that may negatively impact the Oone platform and user experience.
They will participate in an ongoing Partner Review Process in order to provide professional development support and guarantee high quality performance Calls for Oone Customers.
10. Customer’s Warranties
Customers hereby warrant to us and to all Partners that:
They are adult of age;
Their behaviour will not be disruptive, offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any respect.
For any issue the Customer has faced throughout the Call the Customer is invited to contact us at email@example.com
11. Payment and Refund
Customers buying Hour Packs with Oone Partners will receive a number of hours allowing them to book Calls with any Partner. Unused Hours will expire and become unavailable after two, six or twelve months from the purchase date (validity period depends on the nature of the purchased Hour Pack). The charges are not inclusive of any applicable VAT.
Customers will have to buy Hour Pack in advance for the Oone Service. Payment can only be made through credit, prepaid and debit cards or Paypal. We are unable to accept cash, cheques or bank transfers.
For your personal safety, Pixwell uses a secured payment gateway system (PayPal) on Oone platform that will make sure that the payment goes through as safely as possible. If you experience any problems with the payment, please contact us at firstname.lastname@example.org.
Oone will not store the info about your payment, so the Customer shall fill in the personal information about credit, prepaid and debit cards or PayPal for each purchase. For Hour Packs, the whole amount will be requested all at once before the first Call.
The currency displayed on the oone.eu platform is Euros (EUR-€).
12. Cancellation of the Call
If the Customer is not able to attend the Call for any reason, he shall send an email notice to email@example.com with at least 24-hour notice from the moment of the beginning of the Call (the same notice is applicable to the Partner) asking to reschedule the date. The Customer will have the option to reschedule the Call for free. If no notice is given, the Call will be deemed as having been attended, so no refund will be given.
Occasionally the Partners may have an unavoidable emergency or illness that could result in having no option other than canceling the scheduled Call within the 24-hour notice. When this happens, the Customers will be notified via email as soon as the Partner notifies Oone. A new Call will be scheduled with the Partner.
If the Customer could not continue the Call or if it started later because of technical problems on our behalf or on behalf of the Partner, or if the problem is due to any unforeseen or uncontrollable circumstances that affect the connection for the Customers, they shall contact us at firstname.lastname@example.org. Each Customer has to check that the Technical Requirements match theirs so that the Call can begin and run well.
13. Procedure to Be Elected as Partner
The necessary requirements to be elected as Partner are:
- To be adult of age;
- To be a marketing, accountability, law or internationalization company;
- To have one or more employees who speak fluent English;
- To guarantee a minimum weekly availability on the Site (10 hours);
- To accept our Terms & Conditions and follow them always.
The registration process is the same for all Users. Each Partner is carefully selected by Pixwell. We reserve the right to choose or not any Partner who has submitted the application. If any breach of any of the previous points occurs, it will result in the immediate cancellation of the Partner’s profile.
Each individual Call lasts 60 minutes. Users often have tight schedules, for this reason session time shall be carefully respected.
14. Availability of the Site and Modifications
Pixwell reserves the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including access to it. Any new features on the Site including but not limited to the release of new services, unless explicitly stated, shall be subjected to the Terms.
Our aim is to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error free. Users must not attempt to interfere with the proper working of the Site and, in particular, Users must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other Internet connected device.
Pixwell cannot guarantee the continued availability of any Partner and accepts no responsibility or liability for the withdrawal, removal or unavailability of the same.
15. Applicability of Online Materials
Pixwell controls and operates the Site is controlled from our offices in Italy. We make no representations that the Site or any content of its is appropriate or available for use in other countries. Those who visit the Site from other countries do so on their own initiative and at their own risk.
In the case of contents covered by intellectual property rights, like photos and videos (IP content), the User specifically gives us the following permission, subject to his privacy and application settings: he grants us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that he posts on or in connection with Facebook (IP License). Unless the content has been shared with others, and the User has not deleted it, this IP License terminates when he deletes his IP content or account.
All contents of the Site belong to Pixwell. Partners are not allowed to use or share any content provided by Pixwell with third parties; furthermore, they agree to delete all the content provided by Pixwell as soon as they leave the platform.
16. Linked Sites
We make no representations whatsoever about any other sites which Users may access through this Site or which may link to the Site. When the User makes access to any other site, the User does so on the understanding that:
It is independent from this Site and that we have no control over the content or availability of that site;
A link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site;
We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Any concerns regarding any external links should be directed to its respective site administrator or webmaster.
17. Disclaimers and Limitation of Liability
Pixwell shall not be responsible for the availability or content of any third party sites that are accessible through the Site; any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by a User is at his own risk.
The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services – or to third party products and services), is provided on “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. Although we try to ensure that all content provided by us is correct at the time of publication, we will accept no responsibility for any errors, omissions or inaccurate content on the website.
In case of death or personal injury caused by our proven negligence, nothing in these Terms shall limit or exclude our liability. Subject to the previous sentence, we shall not be liable for any consequential, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site or its content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. This shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
We do not warrant that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. All Users acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
It is Users’ responsibility to ensure that their computer systems meet all relevant technical specifications necessary to use the Site and that they are compatible with the Site. Users also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. Users are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
Pixwell shall not accept any responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site. The views expressed by Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Users via the Site.
No warranty or representation expressed or implied is given in respect of any Partner. We accept no liability for any loss, damage, cost, expenses or other claims for compensation arising from the introduction of an Partner to another User. We also do not accept liability for the failure of the Partner to meet the User’s requirements.
To this end, with the acceptance of these Terms, the Partner agrees to indemnify Pixwell from any claim for damages made by a Customer to any title connected to the service purchased.
18. Intellectual Property
These Terms do not transfer any Pixwell or third party intellectual property from Pixwell to you, and all right, title and interest in and to such property will remain (as between the parties) solely with Pixwell. Pixwell, Oone.eu, the logo, and all other trademarks, service marks, graphics and logos used in connection with Oone.eu or the Site are trademarks or registered trademarks of Pixwell or Pixwell’s licensors. Other trademarks, service marks, contents, graphics and logos used in connection with the Site may be the trademarks of other third parties. By using the Site the User is not granted any right or license to reproduce or otherwise use any Pixwell or third-party trademarks.
Pixwell may terminate a User’s access to all or any part of the oone.eu Site at any time, with or without cause, with or without notice, effective immediately. The terminated User will be fully refunded if an Hour Pack of Calls or a single Call was left unused. If a Customer wishes to terminate this agreement or his oone.eu account, he may simply discontinue using the Site. If the Customer wishes to cancel the account, at any time he may state so by written notice sending an email to email@example.com. We will normally cancel the account within 48 hours (working days Monday to Friday) from such notice. In the event of such a request, Pixwell will not refund any unused Calls or Hour Packs.
The account will not be terminated unless specifically requested by the Customer. The Customer can terminate the account by clicking here. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Completion of the Contract
Pressing the virtual negotiating button expresses the consent of the User and for this purpose the contract will be considered completed and shall become effective from the moment the User has pressed the virtual negotiating button.
21. Applicable Law – Competent Court
The present Terms and any dispute arising out or in connection with performance, interpretation and validity of this contract will be governed by Italian law and subject to the exclusive competence of the Court of Padua.
According to articles 1341 and 1342 of the Italian Civil Code, the parties hereby specifically approve the terms set out in the following clauses: 3 (General), 8 (Registration), 9 (Partner’s Warranties), 10 (Customer’s Warranties), 12 (Cancellation of the Call), 13 (Procedure to Be Elected as Partner), 14 (Availability of the Site and Modifications), 17 (Disclaimers and Limitation of Liability), 18 (Intellectual Property), 19 (Termination), 21 (Applicable Law – Competent Court).