1. Contractual Relations
These General Terms of Service Provision (General Terms or Agreement) is a legally binding agreement between you and “Virtualioji darbo rinka, UAB” (Company or Discontract) that governs your use of the Discontract Platform (as defined below), the Company's website (http://discontract.com or Website) and mobile applications (Mobile Applications). The Discontract platform and all services related to it and provided by the Company, Website and Mobile Applications, including without limitations all communication and information (written, oral or otherwise) by the Company to potential and existent Service Providers and Clients, are hereinafter collectively referred to as the Discontract Platform.
These General Terms shall apply to all: (a) Website visitors, irrespective of whether they become Clients or Service Providers; (b) those who sign up on the Discontract Platform for the purpose of booking services (Clients); and (c) those who enter into a Service Provider's agreement with Discontract and become service providers for the services offered through the Discontract Platform (Service Providers). Clients and Service Providers may hereinafter also be referred to as Users.
2. The Discontract Platform
The Discontract Platform constitutes a technology platform that allows Clients to use Discontract Mobile Applications or Website with the purpose of organizing and creating short-term tasks (Tasks) with independent third parties that have entered into a Service Provider's agreement with Discontract and provide services available on the Discontract Platform (Services).
The Services may only be used for personal, non-commercial purposes, unless otherwise indicated by a written agreement with Discontract.
YOU HEREBY AGREE THAT DISCONTRACT ACTS ONLY AS A PLATFORM (AN INTERMEDIARY), AND SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTIES – CONTRACTORS WHO ARE NOT EMPLOYED BY DISCONTRACT NOR ANY RELATED COMPANY, AND/OR ARE NOT OTHERWISE HIRED BY DISCONTRACT. DISCONTRACT ENTERS INTO A SEPARATE SERVICE PROVIDER'S CONTRACT WITH SERVICE PROVIDERS IN ORDER TO ENSURE THE PROPER FUNCTIONING OF THE PLATFORM, BUT IT DOES NOT ACT AS OR HIRE SERVICE PROVIDERS TO PROVIDE SERVICES.
The Discontract Platform connects Users (Clients and Service Providers) solely for the purpose of planning and carrying out Tasks. When a Client creates a Task on the Discontract Platform, Discontract acts as an agent for Service Providers, and allows the Client to find the Service Provider they need and agree on a Service.
The Company is not responsible for communication between Users, for Tasks, or Services. Discontract does not check the competence or professionalism of Service Providers, Users' social skills, communication style, and it does not have control over Tasks, Services, the quality, timing, legality or any other aspect of Tasks and Services, nor does it have control over any ratings or reviews that Users provide to each other. The Company does not make any guarantees or statements about the suitability, reliability, timeliness, and accuracy of any Tasks, Services offered by Service Providers, Services received by Users, or any communications between Users through the Discontract Platform.
Notwithstanding the above, if at any time Discontract is made aware of facts or circumstances regarding actions through the Discontract Platform, Tasks or Services that violate or might violate any person's property and/or non-property rights and/or applicable laws, Discontract has the right to immediately remove a Task, any type of content or User from the Discontract platform without any prior notice. Discontract reserves the right to provide User names or other data to any competent institutions or other third parties that have the rights to it in matters related to violation of any person's property and/or non-property rights and/or applicable laws.
If you believe that a User's actions, Services or Tasks violate or threaten to violate your property and/or non-property rights or other legal requirements, please contact us at [email protected].
The branding and logos used on the Discontract Platform, domain names, the Discontract Platform itself, Mobile Applications, Website, their functionalities and all individual elements, including algorithms, texts, photographs, illustrations and other material that can be found on the Discontract Platform, Mobile Applications and Website, as well as the display, look and design of any pages or elements and all associated intellectual property rights belong solely and exclusively to Discontract. You agree that you will not copy, modify or otherwise use these objects of intellectual property without Discontract's written authorization.
Your use of the Discontract Platform grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (a) access and use the Website and/or Mobile Applications on personal devices, exclusively for the purposes related to Tasks or Services; (b) access and use any content, information and related material that is made available by using the Discontract Platform only for personal purposes and to the extent that is necessary in order to use the Discontract Platform.
You may not: i) remove any copyright, trademark or other property rights from any part of the Discontract Platform; ii) reproduce, modify, make any derived works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream or use the Discontract Platform, unless these actions are directly related to Tasks and Services and are permitted by Discontract; iii) decompile, reverse engineer or disassemble the Discontract Platform or any part of it, unless permitted by applicable laws; iv) link to, mirror or frame the Discontract Platform or any part of it; v) launch any programs or scripts to scrape, index, survey or otherwise retrieve data from any portion of the the Discontract Platform, or excessively burden or hinder any operations or/and features of the Discontract Platform; vi) attempt to gain unauthorised access to or harm the Discontract Platform, and any related systems or networks,
If Discontract is at any moment made aware of facts or circumstances that these restrictions are or may be infringed, Discontract has the right to immediately remove any associated User from the Discontract Platform without prior notice. Discontract also reserves the right to provide User names or other data to any competent institutions or other third parties that have the rights to it in matters related to the infringement of these restrictions.
3. Use of Services
In order to gain access to the features of the Discontract Platform, you must sign up and have an active personal User Account (Account). To obtain an Account, you must be 18 or older. If you are younger than 18 years old, you may only create and use your Account with your parent or legal guardian's permission. By creating an Account, you warrant that you are 18 or older, or that you have your parents or other legal guardian's permission.
During the Account registration, you will need to provide certain personal data to Discontract, such as your first and last names, mobile telephone number and e-mail address, as well as at least one valid payment method (credit card). You agree to maintain the information on your Account accurate, complete and updated. If you do not maintain accurate, complete and updated information, including providing an invalid or expired payment method, Discontract may restrict your access to and use of the Discontract Platform, or terminate its Agreement with you. You assume full responsibility for all activity on your Account, and agree to maintain your Account secure and the username and password linked to it secret at all times. You may only assign or otherwise transfer your Account to any other person or entity.
Provision of Services
If you plan to use the Discontract Platform to provide Services, you must register as a Service Provider, enter into a Service Provider's Agreement with Discontract and provide any additional information requested at Discontract's discretion. In this way, you enable the Company to act on your behalf when you offer your Services on the Discontract Platform, when Clients create Tasks, and when agreements about Services are made. The same person may use the Discontract Platform both as a Service Provider and a Client (i.e. you may, as a registered Service Provider also create Tasks and book Services offered by other Services Providers through the Discontract Platform) with one Account only. The same person is not allowed to create another Account.
When you provide Services, create Tasks or use Services you must comply with all legal requirements, standard rules of behavior, and treat others in a cultured and respectful way. You agree to comply with all applicable laws when using the Discontract Platform, and commit to doing so only for lawful purposes. You will not cause third parties (Service Providers, Clients or any other party) any nuisance, inconvenience, annoyance or property damage through your use of the Discontract Platform.
If you use transportation, logistic or any other Services with age restrictions through the Discontract Platform, you must not allow persons under the age of 18 or any other required age use such Services, unless they are accompanied by you.
In some cases you may be requested to verify your identity to access and use the Discontract Platform, organize or create Tasks, provide or use Services, and you agree that if you refuse to provide the requested proof of identity, you may not be permitted to access the Discontract Platform, provide or use Services.
User Generated Content
In its sole discretion, Discontract may in some cases allow you to submit, upload, publish or otherwise make available textual, audio and/or visual content and information on the Discontract Platform, including comments and reviews related to Services, support requests, and participation in contests and promotions (User Content). Any User Content you publish remains your property, but by submitting the content to Discontract, you supply Discontract with a global, permanent, non-revocable, transferable, and royalty-free license with the right to sublicense, use, copy, modify, make derivative works from, distribute, publicly display, and otherwise use such User Content in any way and through any currently known and future formats and distribution channels (including in connection to Services, Discontract’s activity, and distribution on third-party websites and services), with no prior notice to and consent from you, and with no obligation to pay you or any other person or entity.
You hereby declare and warrant that: i) you either are the sole and exclusive owner of all User Content, or you have all the rights, licenses, consents and releases that are needed to grant Discontract the User Content license, as set out above; ii) neither the User Content or the submission, uploading, publishing or making such Content accessible in any other way, nor Discontract’s use of User Content, as set out in these Terms, may not in any way infringe any applicable laws or regulations, and third-party intellectual property or property rights, or rights to publicity or privacy.
You agree that you will not submit any User Content that is offensive, defamatory, hateful, obscene, pornographic, unlawful, or otherwise abusive that might violate another person's rights or lawful interests, as may be determined by Discontract at its sole discretion, irrespective of whether or not such material is protected by law. Discontract may, but is not obliged to, review, monitor or delete User Content at its sole discretion at any time and for any reason, without a prior notice to you.
Discontract reserves the right to provide any competent institutions or other third parties that have the rights to it with User names or other data of Users that submit or handle User Content that violates or might violate any person's property and/or non-property rights and/or applicable laws.
If you believe that any User Content on the Discontract Platform violates or threatens to violate your author's, trademark or other property and/or non-property rights or any other rights that belong to you or your legal interests, please contact us at [email protected].
Network Access and Devices
You are responsible for obtaining access to a data network necessary to use the Discontract Platform. When you access or use the Discontract Platform from a device with wireless network turned on, you may incur applicable data and messaging costs from your mobile network provider, for which you assume responsibility. You are responsible for obtaining and updating compatible hardware or devices necessary to access and use the Discontract Platform, Mobile Applications or Website, as well as any updates to them. Discontract provides no guarantees that the Discontract Platform, Mobile Applications or Website, or any portion thereof, will function on any particular hardware or device. Additionally, you may experience malfunctions or delays when using the Discontract Platform, inherent to the use of internet and tools for electronic communications.
This section of these General Terms applies to Clients who book Sercives through the Discontract Platform, and governs payment procedures between Clients and Service Providers when Services are booked through the Discontract Platform.
You understand and agree that by using the Discontract Platform to book Services, you will have to make payments for any Services received from Service Providers or goods related to them (Payments). When you receive Services or goods through the Discontract Platform, Discontract will act as a Service Provider's agent and help you make the applicable Payments through a payment service provider, selected at Discontract's discretion. Such Payments shall be considered the same as if they were made by you to the Service Provider directly. All Payments made by you are final and non-refundable, except when otherwise determined by law or Discontract. When you receive Services or goods, you may request the Service Provider to lower the Payment amount for Services or goods received. Discontract will react accordingly to any request submitted by a Service Provider to modify a Payment Amount on any particular Service or product.
All Payments are to be made immediately after receiving a Service. You will be able to pay via your preferred payment method, indicated on your Account. Once the Payment has been made, a corresponding invoice will be sent to you by Discontract, acting on behalf of the Service Provider, by e-mail. You agree that if the primary payment method on your Account is found to be expired, invalid or otherwise inaccessible, Discontract may, working with a payment service provider selected at its discretion, use a secondary payment method on your Account, if there is one. If the Payment fails, Discontract will attempt to charge your account every 24 hours, and you will be advised accordingly via e-mail. If Discontract does not receive Payment in over 30 days, the outstanding debt may be passed on to a debt collection agency, which may result is additional debt collector's fees or debt recovery costs.
5. Disclaimer, Limitation of Liability, Warranties
THE DISCONTRACT PLATFORM IS AVAILABLE TO USERS “AS IS” AND “WHEN AVAILABLE”. DISCONTRACT DISCLAIMS ALL STATEMENTS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY DESCRIBED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES THAT THE USE OF THE DISCONTRACT PLATFORM WILL BE UNINTERRUPTED AND ERROR-FREE. IN ADDITION, DISCONTRACT DOES NOT MAKE ANY STATEMENT, CONFIRMATION, OR GUARANTEE IN REGARD TO THE RELIABILITY, TIMELINESS, QUALITY, AVAILABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, OR LACK OF INFRINGEMENT OF ANY SERVICE OR GOODS REQUESTED THROUGH THE DISCONTRACT PLATFORM. DISCONTRACT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY AND COMPETENCE OF THIRD PARTIES – SERVICE PROVIDERS. YOU AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED TO THE USE OR BOOKING OF SERVICES OR GOODS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
DISCONTRACT SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR DAMAGE TO PROPERTY RELATED TO OR CAUSED BY ANY (i) USE OF THE DISCONTRACT PLATFORM, INABILITY TO ACCESS OR USE IT OR (ii) SERVICE PROVISION OR USE OF SERVICES OR ANY RELATIONSHIP BETWEEN CLIENTS AND SERVICE PROVIDERS, OR (iii) ACTIONS OR LACK THEREOF OF ANY USER OF THE DISCONTRACT PLATFORM OR OTHER PERSON, EVEN IF DISCONTRACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISCONTRACT SHALL NOT BE HELD LIABLE FOR ANY DELAYS OR PERFORMANCE ERRORS, EXCEPT WHEN THEY HAVE BEEN CAUSED BY DISCONTRACT. DISCONTRACT DOES NOT CHECK SERVICE PROVIDERS, AND YOU UNDERSTAND THAT SERVICE PROVIDERS THAT PROVIDE SERVICES AND PERFORM TASKS MAY NOT HAVE APPROPRIATE LICENCES OR PERMISSIONS. UNDER NO CIRCUMSTANCE SHALL DISCONTRACT’S LIABILITY TO YOU, IN CONNECTION TO THE USE OF THE DISCONTRACT PLATFORM, FOR ALL DAMAGES, LOSSES AND PLEAS EXCEED FIVE HUNDRED EUROS (500 EUR).
THE LIMITATIONS AND DISCLAIMER DESCRIBED IN THIS SECTION ARE WITHOUT PREJUDICE TO RESPONSIBILITY, AND DO NOT IN ANY WAY ALTER YOUR RIGHTS AS A USER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
6. Choice of Law and Dispute Resolution
Choice of Law
If a User is unsatisfied with the Discontract Platform, they may submit a claim (complaint) to the Company. We will make every reasonable effort to review and respond to User claims (complaints) within 15 (fifteen) business days from the date of the receipt of the claim (complaint). If due to any circumstances beyond the Company’s control, it is not possible to provide the response within the time period of 15 (fifteen) business days, the Company will send the User a non-final response, stating the reasons for the delay and giving a time limit by which the final response to the claim (complaint) will be sent. In any event, the time limit for the final response shall not exceed 35 (thirty-five) business days from the date of receipt of the claim (complaint).
All notices or other information related to the use of the Discontract Platform, these General Terms, shall be sent by e-mail (to Discontract at [email protected], to you – at the e-mail address provided on your Account).