Terms and Conditions

Globalworkstuff operates a world-leading online equipment listing service including used heavy machinery and trucks (“Equipment”) where professionals such as dealers, brokers, manufacturers and private sellers can list their equipment for sale to potential buyers, place a want ad for equipment (each, a “Listing”) or browse other Listings for equipment to buy or sell. Globalworkstuff makes trading equipment easier and more efficient by making information about supply and demand available in one place. HOWEVER, WE, OUR AFFILIATES AND OUR LICENSORS ARE NOT INVOLVED IN ANY WAY IN THE TRANSACTION OR PURCHASE CONTRACT BETWEEN BUYERS AND SELLERS. WE, OUR AFFILIATES AND OUR LICENSORS ARE NEUTRAL AND ANY ADVERTISEMENT IS IN NO WAY AN APPROVAL OF THE SELLER OR ITS EQUIPMENT.

This page explains the terms and conditions under which you may visit our websites and use our related mobile and web services and online tools (collectively, the “Services”). By using the Globalworkstuff website or Services, or by clicking a button or checking a box marked “I agree” (or something to that effect), you agree to these Terms of Service ( have read, understood, and agree to be bound by these “Terms”) and that you acknowledge the collection and use of your information as set forth in our Privacy Statement and Cookie Statement, regardless of whether you have registered for a free account.

We reserve all rights, in our sole discretion, to modify this Agreement in accordance with 13.3. These Terms apply to all visitors and registered users who access or use the Services, including those who pay for Services (“Users”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION IN WHICH YOU AGREE TO USE LAWSUIT ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND NOT TO USE JURY TRIALS OR CLASS ACTIONS.

1.Services

1.1 Eligibility.

This is a contract between you and Globalworkstuff, or in regions where Services are offered or operated by a local partner or under license, between you and the applicable local partner or applicable licensee (the “License Partner”), as indicated for all regions in the Contact Information in the footer of www.globalworkstuff.com, “we”, “our” or “us”. You must read and agree to these Terms before using the Services. If you do not agree to these Terms, you may not use the Services. You may use the Services only in accordance with these Terms and all applicable local, state, national and international laws, rules and regulations. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and a violation of these Terms. The Services are not available to Users who have previously been removed or suspended from the Services.

1.2Access and Use.

Subject to your compliance with the provisions of these Terms, you may access and use the Services for your own professional and business purposes to browse and interact with Listings, upload, create and post Listings or to other products and services available through the Services, which in each case is subject to the restrictions set forth in these Terms, including but not limited to the restrictions set forth in Sections 1.3 and 2. The Services are not intended for personal, family use – or household use. We reserve all rights not expressly granted in these Terms in and to the Services and the Intellectual Property (defined below). In addition to our other rights under these Terms, we may suspend or terminate your access to the free Services at any time for any or no reason.

1.3Limitations; Unauthorized use.

You will not help, allow or enable others to do any of the following:

a.use the Services for any purpose other than that expressly set out in section 1.2;

b.disassemble, reverse engineer, decrypt or decompile any portion of the Services, including, but not limited to, the online financing calculator and algorithmic pricing tools, which are not open source, except as permitted by applicable law;

c.use any robot, crawler, spider, scraper, data mining tool, data gathering or extraction tool, or other automated means to accesse access, collect, use, copy or record the Services or any information, including but not limited to extracting or reusing all or a substantial portion of the Advertising Data (as defined below) or to repeatedly and systematically extract or reuse insubstantial portions of the Advertising Data, other than as a general internet search engine (e.g. Google and not specifically for Material) or non-commercial archive services;

d.copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, link or create derivative works from any portion of the Services, any of our Intellectual Property or Advertising Data (other than your own or subject to the terms of a separate written agreement with us);

e.remove any copyright notices or proprietary notices from the Services;

f. take photos, screenshots, or other images of the Services or otherwise extract reports and other output from the Services, other than your Listings documentation, post history, and any other content or reports you create through a download and related functionality offered on or through the Services (“User Account History and Content”);

g. Using Services in any manner that affects (i) the stability of our servers, (ii) the operation or performance of the Services or any User’s other use of the Services, or (iii) conduct from other applications that use the Services;

h.use the Services in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person, including without limitation anti-spam regulations, database and intellectual property rights, privacy rights and/or personality rights or which may otherwise (in our sole discretion) be harmful to us, our providers, our suppliers or our Users;

i.use the Services to compete with us, to develop competing products or Services or otherwise use them to our (commercial) disadvantage;

j.use the Services for benchmarking or competitive analysis of the Services;

k.attempt to interfere with system integrity, security, or decipher any transmissions to or from the servers running the Services;

l.transmit viruses, worms or other software agents through the Services;

m.impersonate any person or misrepresent your affiliation with a person or entity, conceal or attempt to conceal your identity, or otherwise use the Services for invasive or fraudulent purposes, including, for example, “domain spoofing” or other forms from phishing;

n.share passwords or authentication information for the Services;

o.circumvent the measures we may use to prevent or restrict access to the Services or enforce limitations on use of the Services or its content, including but not limited to features that prevent the use or copying of any content or limit;

p.identify us or display any portion of the Services on any site or service that disparages us or our products or Services or that infringes our intellectual property rights or other rights;

q.identify or refer to us or the Services in any manner that could reasonably imply an endorsement, relationship or affiliation or sponsorship between you or a third party and us, other than your permitted use of the Services under these Terms, without our prior express written consent; or

r.use the contact information relating to Users available in an Advertisement for any purpose other than to contact a User about the Material in the Advertisement.

1.4User Accounts.

Your free account on the Services (your “User Account”) gives you access to the free and paid Services and functionality that we may establish and maintain from time to time and in our sole discretion. For example, User account holders may, subject to all provisions of these Terms, including but not limited to the restrictions set forth in Sections 1.3 and 2:

·Post and update advertisements;

·access additional paid Services for professionals, such as email and publishing tools, ad analytics and reporting, Facebook add-ons and more;

interact with third party suppliers who offer equipment-related products and services, such as financing or transportation;

access and retrieve User Account History and Content; and

·Sign up to receive email updates about new products and services
and that are offered by us or new offers from sellers that you want to follow.

We can maintain different types of User accounts for professional/business Users and private Users. If you are opening a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and such entity, (ii) you represent and warrant that you are an authorized representative of the entity with the authority to appoint the entity bind this agreement, and (iii) agree to these Terms on behalf of the entity.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information current. You are solely responsible for the activity that occurs under your User Account and you must keep your User Account password secure. We recommend that you use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by unauthorized use of your User Account.

You can manage your User Profile and how you interact with the Services by changing the settings on your settings page. By providing us with your email address, you agree that we may use the email address to send you Service-related notices, including but not limited to notices required by law, in lieu of communications by postal mail. Where permitted by law, we may also use your email address to send you other communications, such as changes to features of the Services and special offers. If you do not want to receive such emails, you can unsubscribe. If you unsubscribe, you may not receive email notifications about improvements, equipment, events, and promotions; If you unsubscribe, you will not receive any notices regarding the Services.

You acknowledge that you do not own the User Account you use to access the Services. You agree that we have the absolute right to manage, regulate, control, transfer, modify and/or delete any data stored by us or on our behalf on our servers (including but not limited to our third party hosting providers), as we deem necessary in our sole discretion, in each general or particular case, and that, subject to any Product Specific Terms (as defined below), we will not be liable to you based on our exercise of that right. REGARDLESS OF ANY VALUE ASSIGNED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT, SUBJECT TO ANY PRODUCT SPECIFIC AGREEMENT, ALL DATA, HISTORY AND CONTENT, AND USER AND SYSTEM DATA (DEFINED BELOW), RECORDING ON OUR SERVERS ANY STORED BY US MAY BE DELETED, MODIFIED, MOVED OR TRANSFERRED BY US AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY. WE MAKE NO WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIM ANY VALUE, MONEY OR OTHERWISE, ATTRIBUTED TO DATA RESIDING ON OUR SERVERS.

1.5User and System Data.

As part of your use and interaction with the Services, we will collect data, metadata, content and information, including but not limited to unique identifiers, that you provide to us or that is collected by us or through the Services (“User Data”) and System Data”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right and license to collect, use, reproduce, electronically distribute , transmit, have transmitted, perform, display, store, archive, modify, and create derivative works of any User and System Data to provide and maintain the Services, including but not limited to making available to you the History and Content of your User Account, and, in anonymized or aggregated form only, to report on and improve our products and services and for our other business purposes as specified in our privacy statement (and any data derived therefrom shall be deemed part of our Intellectual Property).

1.6Changes to the Services.

Subject to the provisions of any Product specific agreement, we may, without prior notice, Modify Services, stop providing the Services or features of the Services to you or to users generally, impose usage limits on the Services, or suspend provision for maintenance or other reasons. Subject to the terms of any Product specific agreement, we may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason whatsoever, including but not limited to if, in our opinion, you breach any provision of these Terms , but also without reason. After termination of access for any reason or no reason, you will always remain bound by these Terms.

1.7Interactions with other users.

You are solely responsible for your direct interactions with other Users. We are not liable for your direct interactions with other Users, or for the acts or omissions of any User. We are not a party to your transactions with any buyer, seller, or third party made through the Service. All advertising content is provided by the seller and we do not guarantee or warrant its accuracy or authenticity. We encourage all Users to perform appropriate equipment and vendor checks prior to purchase. To help you with this, we have put together some useful security tips.

1.8Export control.

You are fully responsible for compliance with all applicable local laws and regulations regarding export, re-export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or if you are a person or entity barred or denied by the United States government, or under any similar law or regulation apply in other jurisdictions.

1.9Additional Terms for Paid Services.

Submitting an Advertisement to sell or purchase Equipment is subject to the additional advertising rules specified in Section 4 (the “Ad Rules”). If you subscribe to recurring monthly Advertising Services, you may be required to enter into a separate advertising agreement or order form (an “Advertising Agreement”), which once signed or otherwise agreed to, will remain subject to these Terms, including but not limited to the Advertising Rules. In addition to Advertising Services, certain other paid Services, such as access to residual value services, require those Users to enter into a separate subscription services agreement (a “Subscription Services Agreement”), which will incorporate these Terms when signed or otherwise agreed to. In the event of a conflict between these Terms and an Advertising Agreement or Subscription Services Agreement (each a “Product Specific Agreement”), the terms of the Product Specific Agreement will control.

2.Advertising data; Permitted use; Limits

Listings contain data, information, images, trade names, logos and other content relating to the items offered for sale, including but not limited to descriptions, prices and contact details of the seller (“Listing Data”). Other than Advertising Data in your Listings or under the terms of a separate access agreement with us, as a User you may only access and use Advertising Data as it is available in the format and format we provide through the Services for the following limited purposes: (i ) to enable you to review, compare and help you determine whether to purchase the advertised Equipment or similar Equipment elsewhere on the market; (ii) to communicate with the seller to inquire about, negotiate or complete the purchase of the advertised Equipment or (iii) to assist you in determining whether you would like to purchase your own similar Equipment through the Services sales, such as determining the possible price for your equipment or the appropriate time to sell it (the “Permitted Uses”). With respect to Advertising Data, you will not, and you will not allow any third party to, use Advertising Data in any manner or for any purpose other than the Authorized Uses without our prior express written consent. For the avoidance of doubt, the following, non-exhaustive, activities are not permitted:

a.recording, copying or storing Advertising Data in any way or for any purpose other than for the Permitted Use;

b.publish, transmit or distribute, directly or indirectly, Advertising Data, or any derivative works thereof, including but not limited to reports or other analyzes relating to the equipment market, on in any way or for any form of monetary or other consideration; or

c.incorporating Advertising Data into equipment pricing tools, dashboards or other visualization products in any way.

3.Our Proprietary Rights

You acknowledge and agree that the Services and all materials contained therein or transmitted through them, including, but not limited to, Advertising Data and all other videos, audio, images and other content and information displayed or made available through the Services, as well as all software, algorithms, code and technology underlying the Services, and all intellectual property rights therein (collectively and individually, “Intellectual Property”), are the exclusive property of Globalworkstuff or its licensors (as applicable). Except as expressly provided herein, nothing in these Terms will be deemed to create a license to any Intellectual Property Rights, and you agree not to access, disclose, publish, modify, edit or create derivative works from any Intellectual Property. Use of Intellectual Property for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose, or we may invite you, to submit comments or ideas about the Services, including but not limited to how to improve the Services or our Products (“Ideas”). By submitting an Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and / or to make this public. You further acknowledge that, by accepting your submission, we do not waive any right to use similar or related ideas previously known to us, or developed by our staff, or obtained from sources other than you.

4.Advertising rules

4.1Ad duration. Self-created ads are published for the time you select and pay for when posting your Ad. Advertisements created and uploaded by other means will be published for the time period agreed in the applicable Advertising Agreement. If your Equipment sells, it is your responsibility to remove the Listing using the functionality available in your User Account or notify us so that the Listing can be removed.

4.2Advertising costs. Fees for publishing custom Advertisements and any additional services are based on the then current price list made available to you prior to publication and publication is subject to full payment via our approved payment methods. We use Adyen N.V. as our third party service provider for payment services. By using the Services to post custom Advertisements, you agree to be bound by any terms of use for the Ayden Service available to you from time to time. Visit https://www.adyen.com/ for more information. Fees for non-generated Advertisements and any additional Services will be mutually agreed upon between you and us prior to the initial publication of the Advertisements and will be specified in an Advertising Agreement, if applicable. The generated invoices are payable without any settlement upon receipt via our approved payment methods. Subject to the provisions of Article 4.10, once an Advertisement has been published, the associated fees are non-refundable.

4.3Taxes; To interest; Other costs. All fees payable for Services are exclusive of all applicable sales, use, value-added or goods and Services taxes, customs duties, withholding taxes or similar charges of any kind, including interest and penalties thereon. If any amount due is not received by us within thirty (30) days of receipt, we may (i) condition future agreements on shorter or alternative payment terms; and (ii) charge late fees or interest that is the lesser of either 12% per annum or the maximum permitted under applicable law. Any judicial and extrajudicial collection costs for unpaid amounts will be at your expense.

4.4Ad content. Advertisements placed on the Services must: (a) relate to Equipment that you may purchase or sell; (b) have accurate Advertising Data; (c) provide a fair representation of the condition of the equipment and do not attempt to mislead; (d) relate to one device only ness and not be a duplicate; (e) only advertise the Equipment for sale, not other products or services; (f) not infringe any third party right, including but not limited to intellectual property rights such as patents, copyrights, moral rights, trade secrets, trademarks, service marks, inventions, design rights and other proprietary rights provided under applicable intellectual property rights laws . property; and (g) do not contain discriminatory, offensive or threatening content.

4.5Ad placement. Advertisements may only be created and uploaded through means approved by us. Apart from the option to create your own Ad, which is available to all User accounts, advertisements can be uploaded via: (a) an RB Asset Solutions inventory management system provided by Globalworkstuff or an affiliate of Globalworkstuff; (b) automated import tools provided by a licensing partner; (c) Application Programming Interfaces (APIs) provided by one of our partners that we make available to you or with whom we both have an independent relationship; or (d) other automated means approved by us in writing. Listings of Equipment designated in your RB Asset Solutions inventory management system for listing on the Services are created by retrieving the Listing Data, including use of the images, equipment details and contact details, from your system. Due to index data intervals and security measures, the content of Advertisements is not immediately visible online.

4.6 Necessary rights. You represent and warrant that you have obtained and will maintain all necessary rights and consents to the Listing Data, including any releases or consents from individual seller contacts, to create, upload to, and display your Listing through the Services and grant us the rights to use and otherwise process Advertising Data as specified in these Terms.

4.7Review by Globalworkstuff. We have the right, but not the obligation, to review any Advertisement for suitability before or after publication. If we reasonably determine that your Listing is unsuitable or otherwise violates these Terms, you will be contacted by email. Notwithstanding the foregoing, we reserve the right, without liability, to delay publication or remove any Advertisement with respect to any Advertisement that we reasonably determine is unsuitable or otherwise violates these Terms. If your Advertisement is removed before publication, you will be entitled to a refund of the fees paid for such Advertisements, as long as the removal was not due to your fraudulent, misleading or unlawful conduct.

4.8User License. When creating or uploading Listings, you hereby grant us a perpetual, irrevocable, non-exclusive, sublicenseable, transferable and royalty-free right and license to collect, use, reproduce, distribute, transmit, perform, display, store, archive and all Listing Data that are associated with your Listings to provide, maintain, secure, and improve the Services, including but not limited to marketing and promoting your Listings using such layouts. outs and user interfaces for the Services that we deem appropriate, in our sole discretion, to prohibit or permit use and access by other Users of the Advertising Data in accordance with the Terms, and in anonymized or aggregated form, to provide our products and services to develop and support and for our other business purposes (and any such data derived from it shall be deemed to form part of our Intellectual Property).

4.9Advertising on other channels. You acknowledge and agree that as part of the Services, we may provide third parties with access to all or part of a Listing for advertising purposes, which may enable the third party to promote the Listing in combination with other advertisements on third party websites, via e-mail. -email or other advertising channels or mediums.

4.10 Waiver of statutory cooling-off period. Although the Services are not designed for personal, family or household use, we recognize that in some jurisdictions private sellers may be entitled to certain legal rights when self-serving Listings. Such private sellers who place Advertisements themselves, by submitting an Advertisement for publication, expressly agree that the contract for Dservices commences immediately and thus waives any statutory cooling-off or reflection period to which the User may have been entitled. Notwithstanding the foregoing, if the User is a private seller, the User may cancel a created Listing before the selected expiration date for a prorated refund by submitting a written request to us with the following information:

4.11Non-Globalworkstuff Applications. APIs and other approved automated resources provided by one of our partners (“Non-Globalworkstuff Applications”) are made available for use by their respective providers and may be subject to their own terms and conditions. If the provider stops making Non-Globalworkstuff Applications available to interact with the Services or does so under terms that we deem unreasonable (i.e., cancels the service, uses old integration methods, or inadequate security protocols), we may modify, suspend, or discontinue the offering of such interoperability with features of the Services. You are not entitled to any refund, credit or other compensation. In such event, if any such modification, suspension or discontinuation is not acceptable to you, your sole and exclusive remedy is to terminate your agreement with us for Services.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF ANY NON-Globalworkstuff APPLICATIONS OR YOUR CONTRACTUAL RELATIONSHIP WITH ANY OTHER PROVIDER NON-Globalworkstuff APPLICATION.

4.12Force Majeure. We (and where applicable the License Partner or Globalworkstuff Affiliate), will not be liable for any delay or failure to perform the paid Services due to any cause beyond its reasonable control (a “Force Majeure Event”), including but not limited to to fire, explosions, earthquakes, floods, epidemics, industry-wide strikes, work stoppages or slowdowns or other industrial disputes, accidents, riots or civil disturbances, acts of civil or military authorities, interruption of electricity, internet or telecommunications resources, and your or other third-party applications or systems. Any deadlines for the performance of its obligations will be automatically extended for the duration of the force majeure, provided that you are notified promptly in writing and we (or where applicable the License Partner or Globalworkstuff Affiliate) use all commercially reasonable efforts to to resume implementation as soon as possible.

5.Additional Terms for Mobile Applications

5.1Mobile applications. We may make available software to access the Services via a mobile device (“Mobile Applications”). To use Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. We do not guarantee that the mobile applications are compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless carrier. You agree that you will be solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications on one or more mobile devices owned or leased solely by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party, or use the Mobile Applications to provide timesharing or similar services to any third party; (iii) make copies of the Mobile Applications; (iv) remove, circumvent, disable, damage, or otherwise interfere with security related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that impose limitations on use of the Mobile Applications enforce. Applications; or (v) remove any copyright or other proprietary rights notices on the Mobile Applications. You acknowledge that we may from time to time release upgraded versions of the Mobile Applications and, if your device settings permit, may automatically electronically upgrade the version of the Mobile Applications you are using on your mobile device. You consent to such automatic upgradeon your mobile device and agree that the provisions of these Terms will apply to all such upgrades. Any third party code that may be incorporated into the Mobile Applications is subject to the applicable open source or any third party license terms authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and we or our third party partners or suppliers retain all right, title and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided in these Terms, will be null and void. We reserve all rights not expressly granted under this Agreement. If the Mobile Applications are purchased on behalf of the United States Government, the following provision applies. The Mobile Applications will be considered “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any related documentation by the United States Government is governed solely by these Terms and is prohibited except as expressly permitted by these Terms. The Mobile Applications are subject to the export laws and regulations of the United States. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities that are prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws regarding the use of the Mobile Applications and the Services.

5.2Mobile applications from Apple App Store. The following applies to any Mobile Applications you purchase through the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and us and not against Apple, Inc. (“Apple”) and that Apple is not responsible for the software made available through Apple or the content thereof. Your use of the Apple Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software provided through Apple. In the event of any failure of the Apple Provided Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Apple Provided Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software provided by Apple, and any other claims, losses, liabilities, damages, costs, or expenses arising from your failure to conform to any Guarantee. are governed solely by these Terms and all laws applicable to us as the supplier of the software. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Apple Sourced Software or your possession and/or use of the Apple Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software provided by Apple fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and any such claims shall be governed solely by these Terms and all laws applicable to us as the provider of the software. You acknowledge that, in the event of any claim by any third party that the Apple-Sourced Software or your possession and use of such Apple-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to your license of the Software provided through Apple and that, upon your acceptance of the terms of these Terms, Apple will have the right has (and will be deemed to have accepted the right) to enforce these Terms with respect to your license of the Software provided through Apple against you as a third party beneficiary thereof.

5.3Mobile applications from Google Play Store.
The following applies to any Mobile Applications you purchase from the Google Play Store (“Google Provided Software”): (i) you acknowledge that these Terms are between you and us only, and do not apply to Google, Inc. (“Google”); (ii) your use of Google Sourced Software must comply with the then current Google Play Store Terms of Use; (iii) Google is only a provider of the Google Play Store where you obtained the software made available through Google; (iv) we, and not Google, are solely responsible for any software made available by Google; (v) Google has no obligation or liability to you with respect to any software made available by Google or the Terms; and (vi) you acknowledge and agree that Google is a third party beneficiary of the Terms with respect to our Google provided software.

6.Privacy

We care about the privacy of our Users. We store our data on servers in Europe. Unless otherwise agreed by us in writing, we are a data controller of the information collected and processed by the Services. You understand that by using the Services we will collect and process your personal information and aggregated and/or anonymized data as set out in our Privacy Statement. In certain regions of the world, some of our paid Services are sold through licensing partners with whom we have contractual agreements. Information processed by licensing partners is subject to our contractual arrangements and their respective privacy policies. In other regions, some of our paid Services are sold by Globalworkstuff Affiliates (who are part of our corporate family with whom we may also have contractual arrangements). We and they also use third party service providers to perform functions in connection with the Services. In accordance with applicable laws and regulations, we rely on a variety of measures to support the lawful transfer of or access to your information in regions outside Europe. We also use contractual and technological means to limit the processing of information to only what is necessary to provide the Services. When you interact with a third party seller or buyer regarding a Listing or request the services of a third party directly through the Services (such as accessories, transportation or financing), we will transfer your information to that third party for that purpose in in accordance with your order or request. You acknowledge and agree that by including your email address and other contact information in an Advertisement, you are making such information public for interested Users to contact you. In addition, by using the messaging and contact features, you acknowledge that we may collect and store such communications as part of User and System Data.

7.Safety

We care about the integrity and security of the information we process. We have implemented and follow an information security policy, including physical, managerial and technical safeguards deemed appropriate by us in our sole direction, designed to maintain the integrity and security of that information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk. As mentioned above, check out our helpful security tips to protect yourself online.

8.Disclaimer of Third Party Links and Materials

THE SERVICES MAY CONTAIN THIRD-PARTY MATERIALS OR LINKS TO THIRD-PARTY MATERIALS THAT WE DO NOT OWN OR CONTROL. WE DO NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY WEBSITES, INFORMATION, MATERIALS, PRODUCTS OR SERVICES. IF YOU ACCESS A THIRD PARTY WEBSITE OR SERVICE FROM THE SERVICES OR SHARE YOUR DATA OR INFORMATION ON OR THROUGH A THIRD PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY STATEMENT DO NOT APPLY TO YOUR USE OF SUCH SITES. YOU EXPRESSLY RELEASE US FROM ANY LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE, SERVICE OR CONTENT. ANY INTERACTION BETWEEN YOU AND THIRD PARTY PROVIDERS FOUND ON THE SERVICES, INCLUDING BUT NOT LIMITED TO THE PAYMENT AND DELIVERY OF GOODS OR SERVICES BY THEM, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH PROVIDER. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND RELATING TO YOUR DEALINGS WITH SUCH PROVIDERS.

9.Indemnity
ing

You will defend, indemnify and hold us and our affiliates, agents, license partners, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or liabilities and expenses (including but not limited to attorneys’ fees) arising out of or relating to: (i) your use of and access to the Services, including but not limited to any data or content transmitted or received by you; (ii) your violation of any provision of these Terms, including without limitation any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) your use of the Services or Advertising Data in any manner not expressly permitted by these Terms, including without limitation your violation of any of the restrictions applicable to your use of the Services or Advertising Data as set forth in Article 1.3 or 2 above, respectively; (vi) your gross negligence or willful misconduct; or (vii) the access and use of the Services by any third party with your unique username, password or other appropriate security code.

10.No warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR SERVICES. WE DO NOT GUARANTEE THAT YOU WILL SELL ANY ADVERTISED ITEMS OR REALIZE ANY PARTICULAR VALUE FROM ANY TRANSACTION.

FEDERAL AND NATIONAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNISHABLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM SPAMMING, PHISHING, HACKING OR TAMPERING OF YOUR DEVICES OR SYSTEMS AND ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR USER ACCOUNT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, “TROJAN HORSES” OR THE LIKE THAT MAY BE TRANSMITTED TO OR VIA THE SERVICES BY A THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USE OF ADVERTISING DATA OR OTHER USER ACCOUNT DATA BY A THIRD PARTY; AND/OR (VIII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOUR CLAIMS, OBLIGATIONS, DAMAGES , LOSS OR COSTS IN AN AMOUNT MORE THAN EUR 500. THIS LIMITATION OF LIABILITY PROVISION APPLIES IF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING THE FOREGOING, OUR AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL IN ALL CASES BE LIMITED TO EUR 500, EXCEPT WHERE THE DAMAGE IS CAUSED BY OUR INTENTIONAL ACT OR OUR GROSS NEGLIGENCE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12.Contracting Entity, Governing Law and Class Action/Jury Trial Waiver

12.1Contracting party. These Terms and, as specified in Section 1.9, Subscriptions for Services may be entered into with Globalworkstuff or the applicable Globalworkstuff affiliate or License Partner operating in your region.

12.2Governing Law/Venue. Subject to the terms of your Product specific agreement(s) or mandatory applicable consumer law provisions, these Terms shall be governed by the laws of Netherlands, without regard to its conflict of law principles, and any action relating to these Terms brought by you are initiated must be submitted to the competent court in Amsterdam. At our sole discretion, we may take legal action, at our option, in the court of competent jurisdiction in Amsterdam or the place of your domicile, and if more than one party is involved, in the domicile of either party, and you and all other parties hereby submit and comply with such jurisdiction and venue.

12.3Exclusion. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

12.4Class Action/Jury Trial Waiver. IN THE EVENT THAT A USER MAY SUCCESSFULLY TAKE ACTION OUTSIDE OF AMSTERDAM WHETHER THE GOVERNING LAW OF YOUR PRODUCT SPECIFIC AGREEMENT IS OTHER THAN WITH RESPECT TO ALL PERSONS AND ENTITIES, WHETHER OR NOT THEY OBTAINED OR USED THE SERVICES OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY NATURE . SOME JURISDICTIONS DO NOT ALLOW THIS DISCLAIMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE WAIVER IN THIS PROVISION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13.General

13.1Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

13.2Notification Procedures. We may provide notices, whether such notices are required by law or are for marketing or other business purposes, to you via email, written or printed notice, or by posting such notice on our website, as we determine in our sole discretion. discretion. We reserve the right to change the form and determine the means for providing notices to our Users, provided that you may opt out of certain notices as required under applicable law or as described in these Terms or our Privacy Statement. We are not responsible for any automatic filtering that you or your network provider may apply to email notifications we send to the email address you provide to us.

13.3Changes to the agreement. We may, in our sole discretion, change or update these Terms from time to time and you should therefore check this page periodically. Whenever we change the Terms in a material way, we will update the “last modified” date at the top of this page and notify you that material changes have been made to the Terms. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future General Terms of Service, you may not use or access (or continue to access) the Services. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL MODIFIED OR NEW TERMS OF SERVICE SHALL FULLY APPLY TO YOUR USE OF THE SERVICES, AND SHALL BE EFFECTIVE COMMENCEMENT WITH YOUR FIRST ACCESS USE OF THE SERVICES , EVEN IF PRIOR TO YOUR ACCEPTANCE OF SUCH MODIFIED TERMS OF SERVICE.

13.4Entire agreement/divisibility. These Terms, together with any amendments and any additional agreements you enter into with us in connection with the Services, such as Product specific agreements, constitute the entire agreement between you and us regarding the Services. If provided, any related purchase order or similar document provided by you is for reference purposes only and shall have no force or effect even if signed by you and a Globalworkstuff Listings provider after the date hereof. None of our employees or representatives are authorized to make any modification or addition to these Terms except in writing signed by our authorized representative. Any representations or comments made between you and any of our employees or representatives are expressly excluded from these Terms and do not apply to you or us or your use of the Services. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Where we have provided a translation of the English language version of these Terms, such translation is provided for your convenience only. To the extent there is any inconsistency between the English language version and such translation, the English language version shall control.

13.5No Waiver. No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms will not constitute a waiver of waiver of any such right or provision.

13.6Contact. Please contact us if you have any questions about these Terms.

14.Feedback and reporting of infringements of Intellectual Property Rights

If you believe that any material on the Services is incorrect or defective in any respect, please let us know by submitting information via the “feedback” link on the front page of the Service. Provide a detailed description of the error or defect in the message.

We respect the intellectual property rights of others and we expect our Users to do the same. If you believe that your copyright or other intellectual property rights have been violated by material posted by others via the Services, please provide us or our designated agent with the following information:

1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;

2. Identification of the copyrighted work or other intellectual property that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Services;

4. Information reasonably sufficient to contact you, such as your address, telephone number and email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or other intellectual property owner ndom, its representative or the law; and

6. A statement, made under penalty of perjury, that the above information is accurate and that you are the owner of the copyright or other intellectual property or are authorized to act on behalf of the owner.