Terms & Conditions

Terms & Conditions

This website by Fiftytemps.com (the “Website”) is owned and operated by ROOMFIFTY OÜ, registry code: 16169445, legal address: Harju maakond, Tallinn, Kesklinna linnaosa, Türi tn 10c, 11313 (“we”, “us”, “ROOMFIFTY OÜ”, “Company”). In this Terms (as defined below) “you”, “your”, “user” refers to you, the user of our Website.

In this Terms user and the Company may also be separately referred to as “party” and/or jointly referred to as “the parties”.

The term “Business Day” used in this Terms means a day (other than Saturday, Sunday or public holiday) when banks and governmental authorities in all the Estonia are open for business at the same day.

By accessing the Website and/or purchasing something form us or engaging in our Services you agree to be bound by these Terms presented therein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink here or on the Website. These Terms shall apply to all users of the Website/Services, including without limitation users who are browsers, customers, suppliers of the company, representatives of other legal entities etc.

These Terms may be subject to the occasional changes from the side of ROOMFIFTY OÜ at its sole discretion and it is your responsibility to these Terms regularly. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Website in any way, your only recourse is to immediately terminate use of Website and/or our Services.

These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of this Website and/or engaging to our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

General Provisions

This Website is administrated by: ROOMFIFTY OÜ
Registry code 16169445;
Registered address: Harju maakond, Tallinn, Kesklinna linnaosa, Türi tn 10c, 11313;
Support and general queries: support@fiftytemps.com

Definitions

Terms and conditions (“Terms”) - these terms and conditions, which are the contract of a public offer, a substitute for the written or other form of agreement

Agreement - any agreement drafted on the basis of an commercial proposal or offer at the Website, and any agreement referencing these Terms.

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.

Personal Data - means any information that relates to an identified or identifiable natural person, also known as a “data subject”.

Privacy Policy – refers collectively to the Privacy Policy and Cookie Policy available on the website. These policies govern the procedures for processing Personal Data followed by ROOMFIFTY OÜ.

Confidentiality

For the purposes of this clause, the party providing Confidential Information (as defined below) shall be referred to as the “disclosing party” and the party receiving such Information shall be referred to as the “receiving party”.

Definition. “Confidential Information” means any information disclosed by either party to the other party under Agreement, directly or indirectly, in writing, either orally or by inspection of any of the legally binding documents provided by either of the parties. 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 (unless prohibited by law) 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.

Personal Data Processing

The user of the Website acknowledges that ROOMFIFTY OÜ, as the data controller, is entitled to process Personal Data to provide its services and for other purposes described in the Privacy Policy. The user confirms having read and understood the Privacy Policy and agrees to the provisions described therein.

Intellectual Property

The Website and all content and materials contained therein, including but not limited to software, images, graphics, video, audio, text and logos, are the property of the Company or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website without the prior written consent of the Company. The Company respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@fiftytemps.com with the following information:
•         a description of the copyrighted work that you claim has been infringed;
•         a description of where the material that you claim is infringing is located on the Website;
•         your contact information, including your name, address, telephone number, and email address;
•         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Company undertakes to remove any content or materials on its Website that infringe upon the intellectual property rights of others. All trademarks, service marks, trade names, logos, and other designations used on this Website are the property of their respective owners. You may not use any of these marks or logos without the prior written consent of the owner.

Copyright, Trade and Service Marks

The Website (including, but not limited to, text, photographs, graphics, video, audio content, metadata, and computer code) are protected by copyright as collective works or compilation under the copyright laws of applicable law and other countries.

All individual articles, photographs, graphics, video, audio, and other content, or elements comprising the Website are also copyrighted works. All copyrights on the Website are owned by us or by our third-party licensors to the extent permitted under the applicable law and all international copyright laws. Unless expressly authorized by the Company in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Website (including, without limitation, in connection with the training, development, or use of a machine learning and/or artificial intelligence model or tool).

All trademarks, service marks, trade names, product names, and logos appearing on this website are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by this Website, or vice versa. The Company is not affiliated with any rightsholders.

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 the Company) 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.

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 or services presented at the Website by any resellers, dealers, or any other intermediary party, for further distribution of the product to the end users.

User Account

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account information (such as e-mail, phone number etc) and other information, including your credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

The Company is entitled to verify the data of the user by requesting from the user presentation of proper documents, their copies, scans, etc. In particular, the Company 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 Website 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 Business Days since the day, on which the Company requested directly from the 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 on the Website, as well as any order placed by the user.

Registration process

In order to use our Services, you must create an account and provide us with accurate and complete information such as your name, phone number and email address. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. We reserve the right to terminate your account at any time for any reason. You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

Restricted Users/Use

You must be at least 18 years old and have the legal capacity to enter into a contract in order to use our Website, acquire or use our Services. By using our Website, you represent and warrant that you meet these eligibility requirements.

Our Website is not available to users in certain jurisdictions. By using our Website, you represent and warrant that you are not located in any of these prohibited jurisdictions: Afghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk, Myanmar (Burma), Central African Republic, China, Congo DR, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, Zimbabwe. The list provided above is non-exhaustive and may be updated at any time without prior notice.

In addition to other prohibitions as set forth in the Terms, 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; (l) to upload or transmit any other illegal content. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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.

Top-up

You may top up your account balance at the Company. Top-up funds will be paid to your account as soon as we receive them. Top-up guarantees that services are available at all times. For more details please refer to the Payment policy on our Website.

Disclaimer

The information, products, and services provided on the Website are provided on an "as is" and "as available" basis. The COMPANY makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products, or services included on this Website.

You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, the Website disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Website does not warrant that this Website, its SERVICES, or email sent from the Website are free of viruses or other harmful components.

In relation to the Company`s Services, the Company does not warrant that (i) the features will meet your specific requirements, (ii) the features will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the features will be accurate or reliable, (iv) the quality of any products, features, information, or other material purchased or obtained by you through the features will meet your expectations, and (v) any errors in the features will be corrected.

The Company and each user disclaim any warranties for features or goods received through or advertised on the WEBSITE or received through any links provided by the Company.

You understand and agree that your use of OUR WEBSITE AND SERVICES IS at your own discretion and risk and that you will be solely responsible for any liability, claim, damages, loss, cost or expense, including, without limitation, loss of data, which results from or arises from your use of the WEBSITE AND SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE WEBSITE, THE CONTENT, SOFTWARE, SERVICES, HYPERLINKS OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE COMPANY), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE SERVICES, THE WEBSITE OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE WEBSITE; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, SERVICES; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL THE COMPANY, 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 THE COMPANY HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our Website and Services, your violation of this Terms, or your violation of any rights of a third party. Should legal action be taken by any party to enforce its terms under these Terms, it is agreed that if the Company is the prevailing party as determined by final verdict of a court of competent jurisdiction, the Company shall be entitled to full recovery of all costs and fees associated with the legal action in addition to any other compensation granted by court.

Force Majeure

Neither party nor any of their affiliates will be liable for any delay or failure to perform any obligation under this Terms or any other agreement between the parties where the delay or failure results from any cause beyond its reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Client Responsibilities

By accessing this Website, you are agreeing to be bound by these Terms, 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, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trade mark law.

To access the Services, you must have an account on the Website associated with a valid email address and a valid form of payment. Unless explicitly permitted by the Terms, you will only create one account per email address. Except to the extent caused by our breach of this Terms, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents), and (b) we and our affiliates are not responsible for unauthorized access to your account.

Supplemental Terms

In connection with your use of the Website and our Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of the Website and our Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Website and our Services, unless otherwise expressly stated.

No Waiver

The failure of the Company to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your access to and use of the Website and its Services.

Termination

We reserve the right to suspend, terminate, or restrict your access to our Website or Services at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a violation of these Terms.

Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Service will not be affected in any way.

Governing Law

These Terms and any other agreement entered into by the Company with you should be governed by the applicable laws of the Republic of Estonia.

Dispute Resolution

Any dispute resulting from the misinterpretations of the present Terms 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.

Full Agreement

These Terms constitute the entire agreement between you and us regarding the use of our Website and our Services and supersede any prior agreements or understandings.

Last updated: 16 February 2024