Terms & Conditions
This website is owned and operated by Fiftytemps.com, operated by ROOMFIFTY OÜ, Reg.Code: 16169445, legal address: Türi 10c, 11313 Tallinn, Estonia. By accessing the website and using the services provided you agree to the terms and conditions presented therein. These terms and conditions may be subject to the occasional changes from the side of ROOMFIFTY OÜ, and the changes are made at the sole discretions of the company.
GOVERNING LAW: These Terms of Service and any other agreement entered into by Roomfifty with you should be governed by the applicable laws of the Republic of Estonia
These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, suppliers of the company, representatives of other legal entities etc.
These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and regulate your use of the Service, superseding any previous or contemporaneous arrangements, correspondence, or proposals, whether oral or written, between you and the company (including but not limited to any previous version of the present Terms and Conditions).
General Provisions
This website is administrated by ROOMFIFTY OÜ.
Definitions
Terms and conditions (“Terms of Service”, “Terms”, “Rules”) - These Regulations are a public offer contract that serves as a replacement for a contractual or other type of agreement and has the same legal force as a written contract.
Agreement - any agreement drafted on the basis of an commercial proposal or offer at the website, and any agreement referencing these terms and conditions.
Website - www.fiftytemps.com
Services – Any good or service provided by ROOMFIFTY OÜ to the end user of the website, as more particularly described in the present terms and conditions.
Personal Data - means any Customer Data relating to an identified or identifiable natural person under the circumstances where such information is classified and protected as personal data under the relevant Data Protection Legislation.
Confidentiality
Definition. “Confidential Information” means any information disclosed by either party to the other party under this Agreement, directly or indirectly, in writing, either orally or by inspection of any of the legally binding documents provided by either of the partiesю Information communicated orally, by electronic media without a confidentiality legend or by inspection, shall be considered Confidential Information if such information is confirmed in writing as being Confidential Information within 30 days of the initial disclosure. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
Non-use and Non-disclosure. Each party agrees not to use any Confidential Information of the other part, excluding the cases where such a disclosure us authorised, permitted by the present terms and conditions, or required by law.
Terms of Agreement. Each party agrees that the specific commercial terms and conditions of this Agreement including but not limited too Price, Dates, Deliverables will be treated as the other parties’ Confidential Information and that no reference to the terms and conditions of this Agreement may be made in any form of press release or public statement without prior communication with the other party.
Under the following circumstances, however, the parties are allowed to disclose the confidential information regarding the counterparty: (i) in case required by the law, if the counterparty the information of which is being disclosed is promptly notified (i.e. within not more than 5 business days) about the disclosure; (ii) if required for the IPO filing by one of the counterparties; (iii) to accountants, banks and financing sources and their advisors, provided such persons and/or entities are informed of the obligation to keep such disclosure in confidence with the same degree of care as the party's other Confidential Information; and (iv) in connection with a merger or acquisition, or any other form of passing of the legal entity control rights to another legal entity or shareholder.
1. Personal Data Processing
1.1. ROOMFIFTY OÜ hereby notifies its clients that it performs processing of personal data in accordance with the GDPR and other personal data protection laws and regulations of the Republic of Estonia and the European Union.
1.2. By getting accustomed with and agreeing with the present Terms and Conditions, the client authorizes ROOMFIFTY OÜ to process his/her personal data.
2. What is GDPR?
2.1. General Data Protection Regulation is the name of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
The aim of GDPR is to create a unified set of regulations, guiding personal data processing in each EU member state. It is designed to ensure that the data protection standards are equal in all of the member states, thus meaning that there is no conflict of legislation. In addition, GDPR is established to ensure protection of the end users of websites against fraud, identity theft, personal information misuse, etc.
2.2. As of 25 May 2018, the GDPR is fully binding for any entity operating within the European Union (including Estonia), and processing private data of the clients.
3. Your Rights
3.1. Under GDPR, you have three major rights which you can execute. Firstly, you have a right to access and control the personal data which is being processed on your behalf by a legal entity. Secondly, you have a right to amend the personal data which is being processed in case it is incorrect or incomplete. Thirdly, you have a right to be forgotten, meaning that at any time, your personal data may be permanently erased from the servers of the website (unless doing so does not infringe any applicable laws). It is voluntary to disclose personal data, and consent to the processing of personal data can always be withdrawn. If you wish to contact us, or if you wish to delete or edit any personal information that we process, please contact us: design@fiftytemps.com.
Website content ownership
This website is owned and operated by Roomfifty OÜ. All of the content featured or displayed on this website, including, but not limited to, text, graphic and/or photographic elements, illustrations and snapshots of the website templates in particular (“content”), is owned exclusively by Roomfifty OÜ.
All elements of the fiftytemps.com website, including, but not limited to, the general design and the content, are protected by copyright, moral rights, trademark and other Estonian and European laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Roomfifty OÜ, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Roomfifty OÜ.
Service Description
The website presents an end user with an option to select a ready-made template for a website, which the client may select to use when creating his/her own website. After the reception of the product, the client is free to either utilize the design template as a whole, or implement it with alterations made by the client. However, transfer of the received product to any third party (unless explicitly permitted by fiftytemps.com) not related to the client directly is strictly prohibited, and constitutes a copyright violation. Each design template presented constitutes a unique product protected with the applicable intellectual property laws of the Republic of Estonia. The website reserves the right to refuse service and refund associated payments at its sole discretion. Once rendered the service comes with no guarantees beyond initial delivery.
User Account
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per an account. These restrictions may apply to the orders placed under similar billing address or credit/debit card details. A user subject to the restriction would be promptly notified by Roomfifty OÜ about the refusal to provide the service by the company. Roomfifty OÜ explicitly prohibits the purchase of goods presented at the website by any resellers, dealers, or any other intermediary party, for further distribution of the product to the end users.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Fiftytemps.com is entitled to verify the data of the User by requesting from the User presentation of proper documents, their copies, scans, etc. In particular, Fiftytemps.com may request a scan/picture of an identification document, payment method related documentation, authorization to represent the User, as well as to enter into obligations on his/her behalf for a person registering on the Site and contact data such as phone number or email address. The documents (their scans of copies) confirming the above data shall be provided within 3 working since the day, on which Fiftytemps.com requested directly from the person accessing the website as a user. The absence of the requested documents (their scans or copies) may constitute a justification to terminate the account of the user or cancel the registration of the user, as well as any order placed by the user.
Restricted Users/Use
The website use is only permitted for users who are at least 18 years of age (unless an underage is using an account in the presence of a guardian or a parent). Users from any of the countries such as Cuba, Iran, Iraq, Sudan, Syria, Lebanon, Libya, North Korea, are not permitted to access the website.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Ordering & Delivery
Orders normally are delivered within 1-15 minutes from moment payment is approved. Orders are delivered as virtual item (website design templates) to your registered e-mail.
Pricing
Prices on website may change many times per day but the price stays with an order once paid assuming price was accurate at the time of ordering.
Refunds, Returns & Replacements
The refund of the order is permitted only under the circumstances where the virtual item (i.e. design template) was not delivered to the end user due to failure of the payment system, or any technical malfunctioning which prevents Roomfifty OU from delivering the order promptly, thus resulting in client’s unwillingness to wait any further. Under the conditions specified above, the company reserves a right to either refund the full amount to the client, or substitute the undelivered product with an equivalent based on the customer’s choice. For all other cases, a zero refund policy is employed.
Disclaimer
The contract between ROOMFIFTY OÜ and the User or Purchasing User based on these Terms of Sale as applicable to each Order via the Site and shall be governed by and interpreted in accordance with the laws of Estonia and the user submits to the non-exclusive jurisdiction of the Estonian courts.
Website template data, such as selected design features, colour pattern and separate elements could be viewed and accessed via this website.
ROOMFIFTY OÜ employs reasonable efforts to ensure the accuracy, correctness and reliability of the content, but there are no warranties, either expressed or implied which come along with the products purchased at roomfifty.com. Snapshots of the website templates are either the property of, or used with permission by, ROOMFIFTY OÜ. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission provided elsewhere on the website or by separate licence or agreement. Any unauthorized use of these images, or any unauthorized use and/or transmission of the purchased website template to a third party may constitute a violation of the copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes of the Republic of Estonia and of the European Union.
Limitation of Liability, Indemnification and Force Majeure.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FIFTYTEMPS.COM, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, SUBMITTERS AND INDEPENDENT CONTRACTORS AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR CONDUCT, YOUR USE OR INABILITY TO USE THE FIFTYPAGE.COM WEBSITE, YOUR BREACH OR ALLEGED BREACH OF THE WEBSITE TERMS OF USE OR OF ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN, YOUR UNAUTHORIZED USE OF THE FIFTYTEMPS.COM, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. ADDITIONALY, THIS APPLIES TO ANY TECHNICAL INTERRUPTION OR HUMAN MISTAKE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO FIFTYTEMPS'S RECORDS, PROGRAMS OR SERVICES;
IN NO EVENT SHALL FIFTYTEMPS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FIFTYTEMPS HEREUNDER OR WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIFTYTEMPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Client Responsibilities
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations of the Republic of Estonia, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, or if you are not sure whether your access to this website is permitted by any local law or the present Terms and Conditions, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Dispute Resolution
Any dispute resulting from the misinterpretations of the present terms and conditions should be first attempted to be resolved by parties in good faith via negotiation. In case the parties fail to achieve a mutually sufficient resolution of the encountered dispute through negotiations, either party may refer such dispute to Court of Arbitration of the Estonian Chamber of Commerce and Industry (“ECCI”) for arbitration in accordance with ECCI’s arbitration rules then in effect. The seat of arbitration shall be Tallinn and language of proceedings shall be English. The arbitral award shall be final and legally binding upon the parties without any further appeal.
Policy amendments
These terms and conditions may be subject to occasional changes, such as the change of the pricing policy, Terms and Conditions, Privacy Policy, products available at the website or any other visible content. The company would maintain a track record of the changes made in regards to the Privacy Policy and the Terms and Conditions, and inform the user about the changes by posting an update at the website. It is the user’s sole responsibility to regularly check the applicable policies for updates.
Updated: 29.04.2021