Welcome to KLEVER Terms and Conditions
1. Identification of the holder and general information
KLEVER is the commercial name of the company KLEVER SCIENCE, S. L. U. These Terms and Conditions govern the access to and use of this web site (hereinafter, the “Web Site”), held by KLEVER SCIENCE, S.L.U. (hereinafter, KLEVER), with Spanish Tax I.D. B-87626131 and corporate address in Francisco Santos street º 24, 1º floor B, 28028, Madrid, Spain.
KLEVER offers this Web Site subject to the present Terms and Conditions. Users are not required to register in order to enter the Web Site. However, to acquire and/or to offer any products and services throughout the Web Site, Users must register and accept these terms and conditions before acquiring and/or offering any products and services.
2. Use of the Web Site
Users undertake to make a lawful, diligent, honest and correct use of any information or content they may have access to through the Web Site, subject to the principles of good faith and with due consideration at all times to applicable law and the present Terms and Conditions.
Users shall refrain from using this Web Site for unlawful purposes or purposes related to crimes or illegal activities of any type.
It is expressly forbidden to send, sell use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials of any kind, or materials which may entail an infringement of intellectual property rights, registered trademarks, confidentiality rights or any other rights of KLEVER or third parties.
It is also forbidden to duplicate, copy, distribute, transform or modify the information and the content stored on the Web Site, unless the User has the authorization of the holder of the relevant rights.
Likewise, the User undertakes not to cause malicious or intentional damage, which may alter or diminish the value of the Web Site, and not to introduce or disseminate computer viruses that may lead to non-authorized alterations of the contents or systems that form the Web Site.
3. Purpose, KLEVER’s role and liability
This Web Site is a marketplace by which KLEVER allows Users to list and sell their products and services related with their field of activity by using “Tokens” (1 Token amounts to 1 Euro).
Thus, the Users are able to obtain Tokens on this Web Site by (i) purchasing tokens directly on the Web Site using the methods of payment available on the Web Site or by (ii) being remunerated with Tokens by other Users due to the products and services sold on the Web Site.
While KLEVER helps facilitate transactions that are carried out on this marketplace, KLEVER is neither the buyer nor the seller of the User's items. KLEVER provides a venue for Users to negotiate and complete transactions on this Web Site. KLEVER does not have property of anything listed or sold through the Web Site (except the products and services available in the “Cash out process”, as established in the Web Site and in these Terms and Conditions).
Accordingly, the contract formed at the completion of a sale for the User’s products and services is solely between Users, so KLEVER is a mere intermediary. The seller of products and services is responsible for the sale with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
Consequently, KLEVER does not review Users' listings or content. KLEVER has no control over and does not guarantee the existence, quality, safety or legality of products and services advertised; the truth or accuracy of Users’ content, listings or descriptions; the ability of Users to offer products and services; or that a User will actually complete a transaction or return an item. However, KLEVER reserves its right to cancel the services provided on the Web Site, delete User’s accounts, block any amount of Tokens available in the User’s accounts and/or remove or edit content if the Users are in breach of applicable laws or the obligations established in these Terms and Conditions.
As the holder of the Web Site, KLEVER will guarantee the technical functioning of the Web Site as long as the functioning depends directly on the infrastructure of KLEVER.
However, due to the nature of the Internet, this cannot be absolutely guaranteed. Also, the access to KLEVER’s Web Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. KLEVER will attempt to limit the frequency and duration of any such suspension or restriction. Therefore, KLEVER will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or any indirect or consequential losses due to the aforementioned causes.
4. Registration requirements and User account
By registering on this Web Site the User expressly declares he/she is a scientist and/or a researcher of legal age acting on this Web Site as a professional, so this Web Site is considered as a B2B platform.
The User could be acting on this Web Site (i) as an individual scientist/researcher or (ii) on behalf of a laboratory, university or any other legal entity. If the User is acting on this Web Site on behalf of a legal entity, the User expressly declares he/she has the sufficient powers of representation and/or authorizations needed to sell/buy products and services throughout this Web Site.Also, by registering in the Web Site, Users must meet the following general requirements:
- User’s accounts registered by automated systems, including in particular, any viruses, worms, bots, trojans, adware and spyware are prohibited;
- The User must provide a login name, a valid email address, and any other information requested to complete the registration process;
- One User can only use a login. The use of a single login shared by multiple people is not allowed.
- The User is responsible for maintaining the security of his/her account and password. KLEVER will not be liable for any loss or damage caused by the breach of this security obligation. The User is responsible for providing accurate registration data and keeping the User Account constantly updated.
- The User is responsible for all the content posted and the activity that occurs in his/her account.
- The User cannot use the Web Site services for illegal or unauthorized purposes. Users agree not to violate the rules of his/her jurisdiction.
In order to sell products and services through the Web Site, the User will need to register by filling in the registration form available on the Web Site for obtaining a User account.
If the User has reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorization, the User must inform KLEVER immediately.
5. Ownership of the products and services offered by the Users and specific prohibitions of sales
Users that offer products and services (hereinafter, the Items) to be sold on the Web Site expressly state that the mentioned Items effectively belong to them or that these Users are authorized by the corresponding legal owners to sell these Items, and do not infringe third parties rights. Thus, the sellers guarantee the buyers that they has all the faculties and authorizations needed for selling these Items.
The Users recognize having been informed that (i) KLEVER refuses any kind of responsibility related to third parties rights of the Items offered by the Users on the Web Site and that (ii) KLEVER is entitled to cancel the Users accounts and/or block any amount of Tokens available on the Users account, if the Items infringe any third parties rights or any law. This shall be without prejudice to the legal actions that can be enacted against the Users for the caused damages.KLEVER also indicates, particularly but without limitation, the following Items as prohibited Items to be sold on the Web Site:
- Illegal Activity: Items constituting, promoting or facilitating illegal activities.
- Tobacco: Items promoting tobacco or tobacco-related products is prohibited.
- Drugs and Paraphernalia: Items promoting or facilitating the sale or consumption of illegal or recreational drugs or drug paraphernalia are prohibited.
- Firearms: items promoting firearms, ammunition, fireworks or other explosives are prohibited.
- Violence: Items depicting or promoting violence or assault, including, without limitation, sexual assault and the harming or killing humans or animals, are prohibited.
- Imitations: Items for the sale of imitation or counterfeit goods and services are prohibited.
KLEVER reserves itself the right, but it is not obligated, to access, read, preserve and reveal any information that KLEVER thinks reasonably necessary for (i) meeting laws, standards, legal proceedings, or judicial or administrative requirements, (ii) fulfilling these Terms and Conditions, including the investigation of possible violations of this ones, (iii) detect, prevent or in any other way solve matters related with fraud, security or technical problems and (iv) protect KLEVER’s or third parties, rights, property or security.
6. Conditions to offer products and servicesFor selling products and services on the Web Site, Users will need to meet the following requirements:
- Users shall register in the Web Site in order to obtain their corresponding Users account.
- After completing the registration process, Users must send an advertising request to KLEVER, by following the corresponding instructions given in the Web Site and including a detailed summary of the characteristics of the Item.
- Once the advertising is accepted, KLEVER will publish it on the Web Site.
It will be necessary to include a minimum description of the characteristics of the products and services announced. Therefore, if the description does not reach the minimum of details required, the Item will not be published in the Web Site.
7. Sales price, delivery and taxes
The Items listed on the Web Site by Users must indicate a fixed price expressed in Tokens.
In most of the cases, KLEVER will perform the delivery services of the Items. However, KLEVER also reserves its right to not to provide the delivery services because of the specific nature of some Items (dangerous materials, fragile materials, extremely heavy and/or voluminous Items, etc.). In these cases, the delivery of the Items must to be arranged directly by the Users, informing about this circumstance in the advertising of the Item. Accordingly, KLEVER refuses any liability related to the delivery of these Items.
Delivery costs are charged extra at the price sale shown on the Web Site when the Users place their order, as specified on each listed Item. These costs will depend on the delivery method chosen by the users or needed due to the nature of the Items.
The delivery charges do not include any customs, import, export, and excise duty, VAT and other taxes that may be applied to each order by the relevant authorities. It is Users separate responsibility to pay for these and to comply with their respective fiscal and tax obligations.
Therefore, Users are exclusively liable for the payment of any taxes, and other contributions, which could be due under any transactions performed between the Users.
KLEVER will use its reasonable endeavours to arrange delivery within the time specified on the Web Site.
In order to comply with the delivery services for the Items acquired on the Web Site, KLEVER will contract third-party delivery services. Thus, KLEVER recommends reading carefully the delivery conditions of these providers that would be available linked on the Web Site.
For delivery of Items acquired on the Web Site, KLEVER has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control.
KLEVER would be entitled to impose administration charges and to deduct this from the Tokens available in the User’s account and/or to claim the corresponding damages caused to KLEVER if a User is not available to receive a delivery.
Risk of damage or loss to the Items passes to the Users on delivery or if Users wrongfully refuse delivery when delivery is attempted.
8. Cash in process
By using the Cash in process available throughout the Web Site, the Users will be able to obtain Tokens by purchasing tokens directly using the methods of payment available on the Web Site.
In this case, KLEVER will charge a commission fee of Euro 1 for each purchase of Tokens.
9. Cash out process
By using the Cash out process available throughout the Web Site, the Users would be able (i) to acquire products and services listed on the Web Site catalogue provided by KLEVER or its partners and/or (ii) to acquire products and services of third parties outside the Web Site. In this case KLEVER will act in the name and behalf of the Users as an intermediary between the Users and the third parties.
In these cases, the Users must submit a budget of the products and services to be acquired by KLEVER outside the Web Site as indicated in the corresponding section of the Web Site.
10. Intellectual property
10.1 Transfer of intellectual property rights of the contents included in the advertisings.
By submitting an adverting request to KLEVER, the Users grant KLEVER a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable right to use the content of the advertising (including without limitation, creating and using derivative works) and the User authorises KLEVER to exercise any and all copyright, trademark, publicity, database or other intellectual property rights the User has in or to the content in any media known now or developed in the future.
The Users will be responsible for ensuring that their listings are accurate, do not include misleading information and fully comply with these Terms and Conditions and the applicable law.
10.2 Intellectual property rights of the Web Site
All and any intellectual property rights in the content of this Web Site and its graphic design are the exclusive property of KLEVER, which shall have the exclusive right to exploit same.
Therefore, under both Royal Legislative Decree 1/1996, of 12 April, approving the Consolidated Text of the Intellectual Property Act, and Act 17/2001, of 7 December, on marks and complementary legislation regarding intellectual and industrial property, any reproduction, transfer, adaptation, translation, distribution, public communication, including the making available thereof, or any other exploitation and/or amendment, fully or in part, without the prior express authorization of KLEVER, of any content included in the Web Site is strictly prohibited.
KLEVER grants no license or authorization to use its intellectual or industrial property rights or any other property or right related to the Web Site or the services or contents provided therein.
The legitimacy of the intellectual or industrial property rights in the content provided by any User is the sole responsibility of said User. Therefore, the User shall keep KLEVER indemnified against any third party claim resulting from the unlawful use of the content in the Web Site.
Furthermore, when providing content (pictures, images) in any way to this Web Site, the User shall assign to KLEVER, free of charge, all intellectual or industrial property rights or any other rights held by the User in said content.
Said rights include the right of reproduction, representation, dissemination, transformation, distribution and public communication of all or part of the content by any means and in all formats or media.
11. Opinions, comments and other content
The Users may upload their comments and opinions to Web Site in relation with the Items acquired on the Web Site, provided always that said comments and opinions shall be free from expressions which may be deemed to be inappropriate or offensive.
In particular, it is forbidden to upload comments or opinions which may be deemed unlawful, obscene, abusive, threatening, slanderous or which may impinge upon the privacy of third parties, infringe third-party intellectual property rights or be otherwise considered reprehensible or slanderous for third parties, as well as materials containing computer viruses, political propaganda, advertising content, chain emails, mass mailing or any other type of spam.
The User recognize that he/she has been informed that KLEVER may withdraw from its Web Site any content published by the User which, at the sole discretion of KLEVER, may infringe the rights of KLEVER or any third parties or these Terms and Conditions, all without prejudice to any legal actions which may be filed against the User by reason of said infringements.
12. Links to other websites
The Web Site can contain links to the websites of other companies and third parties entities.
The information contained on the Web Site is that in force as of the date of their last update. KLEVER reserves the right to update, modify or eliminate the information contained in its Web Site.
KLEVER can translate these Terms and Conditions, or any other operational rule, policy or process that can be published in the Website. The English version will prevail in the case of a conflict.
15. Governing law and jurisdiction
These Terms and Conditions set out are subject to Spanish Law.
In case of dispute about interpretation, implementation or validity of the Terms and Conditions or any of its attachments, Madrid State Court will be competent.
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