Terms of Use
This Terms of Use have been updated on June, 4, 2024
Dear User, You are on the website of Disputeur («Website»), which is owned and operated by Disputeur OÜ, with register number: 16775364, with its principal office at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7-634, 10117, Estonia («Disputeur», «We», «Us», «Our»). These Terms of Use should govern relationships between User and Disputeur.
Please read these Terms of Use carefully. If You do not agree with any part of these Terms of Use, please stop using the Website immediately.
1. ACCEPTANCE OF AGREEMENTS
1.1. Disputeur defines the terms and conditions of these Terms of Use at its discretion, and these Terms of Use itself can be concluded only by the acceptance of the other party («User», «Users», «You», «Your») to the as a whole when the latter uses the Website. The User may not propose its own terms and conditions of these Terms of Use.
1.2. These Terms of Use and Privacy Policy constitute the entire agreement («Agreement») between You and Disputeur regarding the subject matter of this Agreement. These Terms of Use must be read and interpreted in conjunction with the Privacy Policy. You may not use the Website without first reviewing the Terms of Use and the Privacy Policy. By agreeing to the Terms of Use, it is presumed that the User has read and agreed to the terms of the Privacy Policy.
1.3. Each party of this Agreement may be referred to individually as «Party» or collectively as «Parties».
2. SCOPE OF SERVICE
2.1. The Website is intended to assist Users in becoming acquainted with the services of Disputeur, including but not limited to protecting businesses against chargebacks. («Services»).
2.2. Data, text, files, audio, video, images, and/or other content constitute the Website's content («Content»).
2.3. At its discretion, Disputeur may offer additional Website Services, or update, modify or revise any current Content and Services.
2.4. Disputeur does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the User, acknowledge, accept and agree that We shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of Our Services. Your continued use of the Website provided, after such posting of any updates, changes, and/or modifications shall constitute Your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement, and any and all applicable terms and policies should be made by You to ensure You are aware of all terms of the Agreement currently in effect.
3. ACCEPTANCE OF THE TERMS
3.1. This Agreement is considered to be concluded by acceptance of all its terms. Acceptance is provided by performing any conclusive actions aimed at obtaining the Services provided Disputeur on the Website by the User, which may include:
3.1.1. continuing to use and not leaving the Website;
3.1.2. transition to any web pages, hyperlinks of the Website;
3.1.3. using a contact form on the Website;
3.1.4. indicating the User’s email for feedback;
3.1.5. any other interaction with the Website.
4. INFORMATION AVAILABLE ON THE WEBSITE
4.1. The Website may contain the following information:
4.1.1. general information about Disputeur;
4.1.2. types of Services provided by Disputeur and pricing;
4.1.3. feedback procedure;
4.1.4. any other information that Disputeur may choose to post on the Website.
5. CHANGES TO THE WEBSITE AND THE TERMS OF USE
5.1. Disputeur reserves the right, temporarily or permanently, to modify, suspend or discontinue the Website (or any part thereof or related Content) without notice, in its sole discretion, at any time and for any reason.
5.2. From time to time, Disputeur may, in its sole discretion, for any reason and without any liability to Users or any other person, modify, supplement or amend these Terms of Use and require User to agree to additional terms and conditions (hereinafter – the «Revised Terms») in order to continue to use the Website.
5.3. We may restrict access to the Website from time to time due to maintenance and updates at Our sole discretion.
5.4. Access to certain parts of the Website may be restricted by Disputeur in its sole discretion.
5.5. In case of change of the Terms of Use, in order to access certain sections of the Website, use certain functions, web pages, the User must accept the Revised Terms.
5.6. The User agrees that he is responsible for tracking changes on Our Website. We do Our best to publish any new information about changes in the Terms of Use of the Website, but the User must independently check the Terms of Use for updates when accessing the Website. In any case, the User is obliged to comply with changes to these Terms of Use from the moment they are made and published.
5.7. We are not liable to the User or any third party for any modification, suspension or termination of the Website or its Content.
5.8. We are not liable for interruptions in access to the Website caused by failures in the operation of servers, routers, networks, etc. of third-party data centers or Internet service providers of the User or a specific provider selected by the User, or connection problems caused by them.
5.9. We reserve the right, but not the obligation, to:
5.9.1. monitor the Website for violations of these Terms of Use;
5.9.2. take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities
5.9.3. in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your activity;
5.9.4. in Our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and Content that are excessive in size or are in any way burdensome to Our systems;
5.9.5. otherwise manage the Website in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Website.
6. INTELLECTUAL PROPERTY.
6.1. Any literary and artistic works, computer programs (in particular, but not exclusively, the Website code), databases, other works, other functions, functionality (including, but not limited to, all information, text, images, video, audio, as well as their design, selection and arrangement), materials, processes, procedures, methods, techniques, trademarks and any other Content, as well as any objects under applicable law («Intellectual Property») are owned by Disputeur or licensed to Us. All rights are reserved.
6.2. Any unauthorized, unlawful use of the Website or its Content in violation of the Terms of Use, copying of works, including but not limited to the Website code, Website design, articles, video Content is prohibited.
6.3. The User acknowledges, understands and agrees that Disputeur retains all rights to the Intellectual Property, except for the Personal Information subject to the Privacy Policy.
6.4. Unauthorized use of any Disputeur trademarks, including reproduction, imitation, misleading use, is prohibited.
6.5. Any unfair use of the Website Content and not for the purposes consistent with the law is prohibited and will be treated as an intentional violation of this Terms of Use which leads to responsibility.
6.6. If the User violates the requirements of this section, he may be immediately denied access to the Website and will be liable in accordance with the law.
6.7. The User is not granted any right to use Our Intellectual Property except as specifically provided elsewhere in the Terms of Use and in separate agreements with Us. If User wishes to use any material for any purpose other than as stipulated in these Terms of Use, such use may only be made with Our permission upon User's request to info@disputeur.com or through the «Contact us» form.
7. PRIVACY
7.1. While using the Website, You may be asked to provide certain Personal Information. All the matters regarding Your Personal Information are governed by Our Privacy Policy, and You are giving Your Consent to the collection, processing, and storage of such Personal Information by using the Website; therefore, We recommend You, and You should ensure that You have read the Privacy Policy provisions carefully.
8. NON-SOLICITATION
8.1. Considering the significant resources invested by Disputeur to find and retain employee/partner/professional/subcontractor/clients, as well as the confidential information value, Users agree that they shall not, directly or indirectly, either alone or in concert with others (whether as an employee, agent, consultant, joint venturer, partner, lender, investor, owner, shareholder, director, or officer) without the consent of Disputeur solicit or entice any employee/contractor/partner/subcontractor/clients of Disputeur to leave Disputeur.
8.2. Users are forbidden to use any information about Our employees, contractors, partners etc. with the purposes other than acquaintance with the Services of Disputeur and prospective cooperation with Disputeur.
9. LIMITATION OF LIABILITY
9.1. Disputeur strives to make the use of the Website convenient. Nevertheless, Disputeur is not liable for any unlawful use of the Website by Users. The information posted on the Website on an «as is» basis may contain technical or typographical inaccuracies or mistakes, therefore Disputeur does not guarantee the accuracy of the posted data, makes no representations or guarantees with regarding such information, and Users should is not liable for any unlawful use of the Website by Users.
9.2. Use of any part of the Website is at Your own risk. We cannot and do not accept any liability for any activity that the User may carry out using the Website.
9.3. The Website may not be available in all languages or in all countries and We make no representation that the functionality of the Website will be appropriate, accurate or available for use in any particular location. Any information posted on the Website is current only as of the date of its publication and may not be correct at the time of further use of the Website.
9.4. THE SERVICES MAY NOT BE UNINTERRUPTED OR SECURE. THE USER UNDERSTANDS THAT THE RISKS TO SECURITY, PRIVACY AND CONFIDENTIALITY CANNOT BE COMPLETELY REMOVED. THEREFORE, THE USER GUARANTEES NOT TO FILE CLAIMS IN CONNECTION WITH CIRCUMSTANCES BEYOND OUR CONTROL.
9.5. DISPUTEUR IS NOT LIABLE FOR VERIFYING THE IDENTITY OF USERS.
9.6. DISPUTEUR IS NOT LIABLE FOR ANY USER INFORMATION UPLOADED TO THE WEBSITE (IN THE CONTACT FORM, OTHER METHODS). DISPUTEUR ALSO DOES NOT GUARANTEE THE ACCURACY, APPLICABILITY OR RESPONSE OF TO THE USER'S REQUESTS.
9.7. DISPUTEUR IS NOT LIABLE FOR THE USE OF THIRD PARTY SERVICES.
9.8. ALSO DISPUTEUR DOES NOT GUARANTEE THAT:
9.8.1. THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED HARDWARE AND SOFTWARE;
9.8.2. THE SERVICES WILL BE AVAILABLE OR FUNCTION WITHOUT INTERRUPTION, OR WILL BE ERROR-FREE, OR ANY ERRORS WILL BE CORRECTED;
9.8.3. INFORMATION AVAILABLE ON OR THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CONSISTENT OR TIMELY;
9.8.4. THE INFORMATION ON THE WEBSITE WILL NOT VIOLATE THE RIGHTS OF THIRD PARTIES;
9.8.5. ANY USER INFORMATION (FOR EXAMPLE, EMAIL INFORMATION AND REQUEST THROUGH CONTACT FORM) WILL BE STORED BY THE DISPUTEUR.
9.9. The User agrees to use the Website with all reasonable security precautions. We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
9.10. The User understands that any site may be subject to virus attacks, information distortion, and other cases beyond Our control.
9.11. The User voluntarily waives any claims against Disputeur, as well as the filing of claims regarding the use of the Website. The User will not claim any compensation for any damages in relation to the use of the Website.
10. PROHIBITED ACTIVITIES
10.1. You may not access or use the Website for any purpose other than that for which We make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.
10.2. As a User of the Website, You agree not to:
10.2.2. retrieve data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
make any unauthorized use of the Website, including collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses.
10.2.3. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
10.2.4. engage in unauthorized framing of or linking to the Website.
10.2.5. engage in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools.
10.2.6. interfere with, disrupt, or create an undue burden on the Website or the networks or Services connected to the Website.
10.2.7. use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
10.2.8. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
10.2.9. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
10.2.10. harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Website to You.
10.2.11. delete the copyright or other proprietary rights notice from any Website Сontent.
10.2.12. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
10.2.13. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
10.2.14. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats («gifs»), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as «spyware» or «passive collection mechanisms» or «pcms»).
10.2.15. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
10.2.16. disparage, tarnish, or otherwise harm, in Our opinion, us and/or the Website.
10.2.17. use the Website in a manner inconsistent with any applicable laws or regulations.
11. FEEDBACK, AND OTHER SUBMISSIONS
11.1. By sending Us Personal Information, creative ideas, suggestions, proposals, plans, or other materials, by email, («Feedback»), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any feedbacks that You forward to Us.
11.2. We shall under no obligation have to:
11.2.1. maintain any Feedback in confidence;
11.2.2. pay compensation for any Feedback; or
11.2.3. respond to any Feedback.
11.3. You agree that Your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right.
11.4. You further agree that Your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Website.
11.5. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any Feedback.
12. TERM, CANCELLATION, AND TERMINATION
12.1. Term. These Terms will continue to apply to Your use of the Website and Services until terminated by either You or Us.
12.2. Survival of Terms. The following Sections will survive the expiration or termination of these Terms: Sections 6, 7, 8, 9, 10, 13, 15.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
13.1. This Agreement will be governed by and construed in accordance with the laws of England and Wales. The language of this Agreement shall be deemed to be the result of negotiation among the Parties and their respective counsel, and shall not be construed strictly for or against any Party.
13.2. Any disputes shall be resolved through negotiations by prior contact of the Users to the feedback Service by email info@disputeur.com within 60 (sixty) calendar days after one of the Parties has notified another on the matter of the dispute(s) and initiated negotiations.
13.3. If such disputes cannot be resolved through negotiations, all disputes arising out of or in connection with these Terms of Use, including any disputes regarding its existence, validity or termination, shall be resolved solely in the courts of Estonia.
13.4. If any provision of these Terms of Use is found by a court or other tribunal of competent jurisdiction to be unenforceable, then such provision shall be modified, limited only to the minimum extent necessary so that these Terms of Use remain in full force and effect.
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
14.1. Visiting the Website, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
15. OTHER PROVISIONS
15.1. All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If You are a minor, You must have Your parent or guardian read and agree to these Terms of Use prior to You using the Website.
15.2. The titles and section headers used in this Agreement are just for convenience and have no bearing on how any of its provisions are written.
15.3. Each Party affirms that it has the power and authority to engage into this Agreement.
15.4. You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
15.4.1. use of the Website;
15.4.2. breach of these Terms of Use;
15.4.3. any breach of Your representations and warranties set forth in these Terms of Use;
15.4.4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
15.5. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15.6. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control.
15.7. There is no joint venture, partnership, employment or agency relationship created between You and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against Us by virtue of having drafted them.
15.8. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the Parties hereto to execute these Terms of Use.
16. CONTACT US
16.1. You can continue the cooperation with Disputeur after visiting Our Website.
16.2. By filling out the contact form or sending the message to info@disputeur.com You confirm that You are 18 years old and over and have the authority to cooperate with Disputeur.
16.3. You consent that You may also receive notices relating to these Terms of Use by sending to You by email.
16.4. Please submit any notices to Us relating to these Terms of Use via email to info@disputeur.com.