Terms and Conditions for #Forum

1.INTRODUCTORY PROVISIONS

1. Hello! We are happy that you’ve joined our community forum. By deciding to join and use our Platform, you have made a crucial step that will allow you to create new business relationships and connections. But before you can start using our Platform, we need to make sure that you understand what you are going to receive from us and what we expect from you in return. Therefore, please carefully read these terms and conditions that are created by us, Czech Founders z.ú., ID No.: 09761187, with its registered seat at Libocká 686/47c, Liboc, 161 00 Prague 6, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. U 927 (the “Provider” or “we”).
2. We operate a platform “Czech Founders #Forum” available on the following website https://czechfounders.slack.com, which focuses on providing services in the field of innovative project development, aiming, among other things, to educate and connect its users (the “Platform”).
3. You, as our customer (whether an individual or a legal entity), subscribe to the Platform and agree to pay us the Subscription (as defined below) for your use of the Platform. In return, we provide you with the right to set up a user account for specific individuals who shall access the Platform on your behalf (the “Customer” or “you”). The User is any individual which visits and uses the Platform operated by us on your behalf (the “User”).
4. The terms and conditions shall mean our terms and conditions for the provision and use of the Platform, including all their components, regulating in particular the mutual rights and obligations between us, you and the Users arising from the operation and use of the Platform (the “Terms”).
5. You and the User are obliged to familiarize yourselves with these Terms. By registering on the Platform, you and the User expressly confirm that you have read these Terms, understood them, agreed to them and undertook to be bound by them. You and the User agree to these Terms and agree to be bound by them also by visiting the Platform and actually using it. The Platform, its content and infrastructure, operation and use are subject to these Terms.
6. Please note that you are considered a consumer if you are an individual and you use the Platform outside the scope of your business or outside the scope of the independent exercise of your profession. If you are considered a consumer you are covered by consumer protection under applicable law and these Terms.

2.BASIC OPERATING PRINCIPLES OF THE PLATFORM

1. The Platform represents a paid-only service of the Provider to you and the Users unless stated otherwise.
2. We do not verify, and we are not responsible for the trustworthiness or reliability of the Customers or the Users and we are not obliged to provide any information necessary to assess their trustworthiness.
3. We reserve the right to remove at any time any part of the Platform content or material that is contrary to these Terms, the laws of the Czech Republic, good morals, or otherwise threatens public order or its content does not correspond to the principles or legitimate interests of the Provider or the Platform. This includes, in particular, content or material that is misleading or untrue, that is in the nature of spam or in no way related to the focus of the Platform, or that defames a nation or language, ethnic group or race, or content that publicly promotes violence or other unlawful acts or incites hatred towards a group of persons or the restriction of their rights and freedoms.

3.USER ACCOUNT

1. The Platform was made for you - aspiring, active or accomplished local Czech founders with global ambitions and/or venture capitals, startup suppliers and other relevant persons and legal entities that shall delegate one or more individuals to participate in the Platform.
2. The Platform is one of the additional services for Czech Founders Community members. Please note that being a member of Czech Founders Community is a condition to use this Platform.
3. If you wish to use the Platform you must register an user account (the “User Account”). In order to create the User Account, you shall be required to enter in particular the following information: name, title, company and e-mail, as well as selecting its main interests.
4. We reserve the right to refuse registration and cancel the User Account within 5 (five) working days of their execution or establishment, respectively, in particular due to (i) violation of the rules set forth in these Terms, (ii) legal regulations, (iii) our legitimate interests, (iv) failure to comply with the obligation set out in Article 3.2 hereto, (v) legitimate interests of third parties, and (vi) failure to comply with the terms and conditions of the Czech Founders’ Community available here .
5. If we shall find no grounds for refusing the registration of the User Account or cancelling the User Account, then we shall send you additional information on how to proceed next (e.g. payment terms) and make the User Account and the Platform available to you no later than 5 (five) days after receipt of the Subscription payment.
6. If a User Account is created for you on the Platform then you shall be obliged to provide correctly and truthfully all the required data, and the data so provided shall then be considered up-to-date and correct until corrected or updated by you.
7. You undertake to keep the information provided in the User Account up to date and accurate and to update the changed information without undue delay in the event that such information changes. In the event of failure to comply with this obligation, you shall be liable for any damage, injury or loss suffered by the Provider or other Customers.
8. All information and data entered by you and/or the User on the Platform is entered voluntarily. We shall not be obliged to verify the correctness, accuracy, timeliness and veracity of any data or information entered on the Platform you and/or the User or otherwise provided to us.
9. In the event of any defective content or material posted by you and/or the User, we may deny you and/or the User access to the Platform and remove any defective part of the content or material, as well as suspend or terminate the User Account and we shall inform you about such steps. We shall decide on the defectiveness of the material or content published by you and/or the User at our own discretion. We shall not be in any way liable for any defective material or content posted by you and/or the User on the Platform.
10. We have the right to deny the Customer’s and/or User’s access to the Platform, to refuse registration on the Platform and the creation of a User Account, or to cancel the User Account without compensation, in particular if the User violates the rules set out in these Terms or violates the rules of the applicable laws.
11. The Customer or the User shall not be entitled to compensation for damages or loss of profit or any other harm in the event of cancellation of registration, denial of access to the Platform.
12. The Customer is entitled to cancel his/her registration on the Platform at any time by selecting the appropriate option (if available) in the user interface of his/her User Account. The Customer may also request us to cancel the registration via e-mail; in such case, the registration and the User Account will be cancelled without undue delay after the request is sent to the Provider.
13. The User Account is non-transferable.

4.USER ACCOUNT TYPE

1. The User Accounts on the Platform shall divide into the following categories with different rights and obligations associated with each of the categories:
2. Founder’s Account
• can access all public channels; and
• can create private chats.
3. Other’s Account (e.g. Supplier, VC, etc.)
• can access selected public channels; and
• can create private chats.

(collectively as the “Account Types” or each individually as the “Account Type”).

5.USAGE OF THE PLATFORM

1. We provide our services on the Platform through an application available at: https://czechfounders.slack.com (the “Slack App”). The Users agree to abide by the Slack App terms of service available at: https://slack.com/legal. The Users acknowledge that the Slack App terms of service may change from time to time.
2. The Slack App currently runs on personal computers, laptops and mobile devices with iOS or Android operating systems. However, it is possible that future versions of the Slack App will be available also for other devices.
3. Please note that as the Slack App is provided by a third party, under no circumstances we shall be liable for any outages, unavailability or unusability of the Slack App and you are not entitled to any compensation from us in this regard.
4. The Users shall use the Provider’s Platform via the Slack App exclusively after creating the User Account by the Customer, paying the required Subscription (as defined below) and in accordance with the rights and obligations associated with the respective Account Type.
5. Subject to the respective Account Type, the Users shall be entitled to join the following channel groups:

6. We reserve the right, but not the obligation, to create or to allow you and/or the Users to create their own channels. For the avoidance of doubt, we also reserve the right to delete or change any of the channels created by us or by you and/or the Users.

6. TRIAL PERIOD

1. If you are considering the use of the Platform, then we have good news for you! First 100 (one hundred) Customers shall have the opportunity to test the Platform for the period of up to 2 (two) months based on the acceptance of these Terms (the “Trial Period”). After the above-mentioned number of first 100 (one hundred) Customers has been exhausted, the Trial Period for any new coming Customers shall be shortened to 14 (fourteen) days.
2. The Trial Period is free of charge and no Customer shall be charged any fees for it.
3. During Trial Period, our Customer shall be assigned the respective Account Type.
4. The Provider reserves the right to reduce or extend the duration of the Trial Period or to provide the Customers with further trial periods at any time in its own discretion.
5. The Customers and the Users acknowledge and agree that the Provider does not have any obligation to provide maintenance and support to the Customers or the Users while they use the Platform in the Trial Period.
6. The Provider reserves the right to in its own discretion restrict the use of the Platform in the Trial Period for any reason or without a reason, including but not limited to, the Customer’s or the User’s violation of any applicable laws or these Terms. The Customer and the User acknowledge and agree that the Provider may discontinue the provision of the Platform in the Trial Period at any time in its own discretion without any liability whatsoever.
7. After the Trial Period is over, the Customer, respectively the User, shall be allowed to continue the use of the Platform only through a paid subscription under the conditions stated in the Article 7.

7. SUBSCRIPTION

1. In consideration of the services provided (access and use of the Platform and its functions and features) by the Provider to the Customer, the Customer shall pay to the Provider fees, unless agreed otherwise in writing, or with the exception of Trial Period. The Provider may, on a case-by-case basis, discount the fees or provide promotions at its sole discretion.
2. Unless agreed otherwise in writing, the fee charged for the services (i.e., the access to and use of the Platform) shall be charged by the Provider and paid by the Customer at his sole discretion either (i) monthly at the beginning of each monthly billing period of using Platform, or (ii) annually at the beginning of each 12 (twelve) month billing period of using the Platform (the “Billing Period”).
3. The Customer shall be obliged to pay the following subscription rates:
4. first 100 (one hundred) Customers shall pay CZK 490 monthly or CZK 4,900 annually; and
5. after the above-mentioned number of first 100 (one hundred) Customers has been exhausted, the new coming Customers shall pay CZK 990 monthly or CZK 9,990 annually;(the “Subscription”).
6. The Customer shall pay all fees and due amounts to the Provider by debit or credit card.
7. In case of payment by debit or credit card, the following rules shall apply:
8. The Customer may use only such types of debit and/or credit cards that are explicitly permitted by the Provider.
9. The Provider is not responsible for any fees or charges that Customer’s bank or card issuer may apply. The Customer acknowledges that the Customer may be charged local tax, if applicable.
10. If the payment method is declined, the Provider will attempt to process the charge until the transaction is approved. If the Provider is unable to complete the transaction, the Provider may contact the Customer to update its payment information.
11. The Provider may use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). Furthermore, the Customer consents to provide and authorize the Provider’s third-party service providers to share any information and payment instruction the Customer provides to the extent required to complete payment transactions in accordance with the Terms, including personal, financial, card payment, and transaction information.
12. In particular, the Customer acknowledges and agrees that for the purpose of the operation and use of on-line payments in accordance with Article 7 of the Terms, the Provider may cooperate with Shopify Inc., a Canadian corporation, with offices located at 151 O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8 (“Shopify”), which operates the “Shop Pay” payment gateway. The Customer expressly agrees to be connected to the Shopify’s payment gateway through the Provider, as a result of which the Customer enters into a contractual relationship with Shopify. The Customer acknowledges that Shopify may provide Provider with a commission or other similar remuneration in connection with the connection to the Shopify’s payment gateway in exchange for the Provider’s referral. The Customer acknowledges and agrees that all fees associated with facilitating payments through the Shopify’s payment gateway will be paid by the Customer directly to Shopify. The Customer further acknowledges and agrees that the Provider is entitled to invoice him for the fees in accordance with the first sentence of this Article 7.5.5 of the Terms, if expressly authorized by Shopify.
13. The Parties agreed that all payments pursuant to these Terms shall be charged to the respective debit or credit card (or any of them in case the Customer registered more than one debit or credit card) when such fees and charges become due in accordance with Article 7 of the Terms.
14. In case the Customer wishes to cancel the Subscription, the Customer shall be entitled to cancel the Subscription in the User Account by pressing the “Cancel Subscription” button without further action and consequently the Customer shall not be charged any further Subscription fee after the respective Billing Period elapses and the Customer and/or the respective User shall not be able to use the Platform.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CUSTOMER AND THE USER

1. Both Customer and User are obliged to use the Platform and the User Account in accordance with these Terms, to comply with applicable law, to act honestly and in accordance with good morals.
2. Both Customer and User shall behave in such a way that the reputation and rights of the Provider, the Platform and other Users are not damaged in any way. Both Customer and User are obliged to act in such a way as to avoid damage to the Provider’s property or third parties in connection with the operation of the Platform, or any other damage related to the operation of the Platform.
3. Both Customer and User shall furthermore:
4. secure the User Account with a username and password and implement and maintain standard security processes (including reasonable technical, administrative and physical safeguards) designed to protect all access data to the User Account and to prevent unauthorized use of or unauthorized access to the User Account;
5. maintain confidentiality with respect to information necessary to access the User Account and not allow third parties to use the User Account;
6. notify the Provider of any unauthorized use of or unauthorized access to the User Account and ensure timely invalidation/replacement of potentially or actually compromised access credentials.
7. Both Customer and User are aware that the ability to use the Platform is dependent on the following conditions, in addition to the proper performance of the Provider, for which the Provider is not responsible:
8. the availability of the User's internet connection (including a backup internet connection) with sufficient capacity; and
9. the proper functioning of the equipment used by the User in using the Platform (software, hardware, etc.).
10. Without the express prior written consent of the Provider, the Customer or the User shall not, nor shall the Customer or the User permit any third party to: (a) decompile, disassemble or reverse engineer the Provider; (b) remove, modify or obscure any copyright or proprietary notices contained in the Platform; (c) use the Platform to create a similar or competing product or service; (d) gain unauthorized access to the Platform (e.g. (e) use the Platform in a manner that violates applicable law or infringes any third party privacy or intellectual property rights; (f) publish, upload, post, or otherwise transmit through the Platform any data that contains viruses, Trojan horses, worms, time bombs, corrupted files, or other computer programs or processes that are capable of corrupting, maliciously interfering with, surreptitiously intercepting, or misappropriating any systems, data, personal information, or property of another; (g) transmit spam, chain messages or other unsolicited communications through the Platform; (h) compromise the integrity or security of the Platform; or (i) take any action that will or may impose an unreasonable or disproportionately large burden on the Provider’s infrastructure.
11. The Users must furthermore be polite to the other Platform Users at all times and must not insult them. Any breach of this behavior may result in the User Account suspension or termination.
12. If the Customer or the User breaches the obligations set out in these Terms, including any part thereof, and the Provider suffers any damage or injury as a result of such conduct, the Provider shall be entitled to seek compensation from the Customer for such damage or injury, including loss of profit.
13. The Provider shall not be liable for any communication of the Users outside the Platform and any circumstances or consequences arising from such communication. The Provider cannot guarantee that any request or communication will be properly and timely received, read, fulfilled, executed or accepted by the User.

9.LIMITATION OF LIABILITY OF THE PROVIDER

1. In case you are a consumer the rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of sections 1914 to 1925 of Act No. 89/2012 Sb., the Civil Code, as amended (the “Civil Code”).
2. We shall not be liable for any defects, incompleteness, inaccuracy or falsity of the content on the Platform, nor for any unlawful acts of the Customers or the Users, including acts infringing or threatening the intellectual property rights of third parties.
3. We are not responsible for the functionality of the Platform, nor for the timeliness, accuracy and factual correctness of the information published on the Platform. We reserve the right to partially or completely limit the functionality of the Platform to any extent or to change the content of the information published on the Platform or the design of the Platform at any time without further notice.
4. Furthermore, we do not guarantee in any way the maintenance and storage of all Customer or User data, nor the continuous and permanent continuity of operation.
5. We are not responsible for the content of any other internet presentations and portals that it does not operate and to which it only provides access through links on the Platform, nor for the content of any parts of the Platform that are created by the Users, i.e. in particular the content of the User contributions, the content, descriptions and photographs of the services provided, the content of correspondence and sent files between Users and the content of advertising or other promotion that may be placed on the Platform by third parties
6. The Provider does not provide any advice to the Customers or the Users and therefore assumes no liability for advice within the meaning of Section 2950 of the Civil Code.
7. The Customer and the User acknowledge that the Provider does not warrant and is not liable for any costs or damages caused by the unavailability or interruption of the functionality of the Platform or the termination of the Platform; this also applies mutatis mutandis to any third-party services.
8. In no event shall the Provider be liable to the Customers and the Users for damages and any other loss, including lost profits, loss of revenue, loss of data, or indirect, special or incidental damages that they may incur, in particular, but not exclusively, in connection with third-party services and third-party content. Furthermore, the Provider shall not be liable for any loss or damage that cannot be reasonably foreseen.
9. In any event, our maximum liability to the Customer or the User (with the exception of the Customer of the User being a consumer) under these Terms or otherwise for any cause whatsoever (whether in the form of the additional cost of remedial services or otherwise) will be for direct costs and damages only due to our provable breach of its obligations under these Terms and will be in aggregate limited to the sum actually paid by the Customer to us in connection with the Platform.

10. INDEMNIFICATION

1. You agree to fully indemnify and hold us harmless from and against any and all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (i) any breach of your obligations under these Terms, (ii) any content you have posted, uploaded and otherwise contributed to the Platform, (iii) any and all activities you carry out in the Platform, and (iv) your breach of any other relevant laws, regulations or third-party rights.

11. LICENCE AND COPYRIGHT

1. The Platform is the result of our long creative and innovative efforts. The Customer and/or the User acknowledges and agrees that the Provider remains the exclusive holder of all rights relating to the Platform and that the Platform is protected by Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts, as amended (the “Copyright Act”), and other related regulations. The Customer and/or the User is granted only the right to use the Platform to the extent necessary for the use of the Platform for the Customer’s and/or the User business purposes in accordance with their meaning and purpose set forth in these Terms.
2. Nothing in these Terms or any other document shall be construed as granting, assigning or transferring to the Customer and/or the User any intellectual property rights in the Platform and any parts thereof, know-how, trade secrets, documents, technology, patents or expertise owned by the Provider or used in the operation of the Platform by the Provider.
3. When using the Platform, the Customer and/or the User is always obliged to act in such a way as not to infringe any rights of the Provider and to act in accordance with the legal order of the Czech Republic, in particular with the legal norms relating to copyright. The Provider may restrict or completely prevent the Customer and/or the User from using the Platform if the Customer and/or the User has violated the terms of its use according to these Terms.
4. In the event of unauthorized use of any part of the Platform without the Provider’s consent, the Provider is entitled to use all means to protect its rights and legitimate interests in accordance with the Copyright Act, i.e., in particular the right to demand refraining from interference with copyright and removal of interference, the right to compensation for damages and the release of unjust enrichment.
5. If the User places on the Platform in connection with their permitted use in electronic form any materials that are copyrighted works under the Copyright Act (in particular copyrighted texts, photographs, images, etc.), the User hereby grants the Provider permission to use such works of authorship, in particular by publishing them in the Provider’s materials, by making them available via the Internet on the Platform, and by placing them in print advertisements, posters, flyers and similar advertising materials in the context of the Provider’s advertising, marketing or promotional actions or campaigns, including the right to grant all of the above permissions in whole or in part to a third party. In connection with such materials, the User also declares that he/she is the author of such materials or has the author's consent to place such materials on the Platform. All authorizations under this paragraph are granted by the User to the Provider without any remuneration or additional remuneration, for the whole world and for an unlimited period of time, as well as without any other restrictions. If the User’s statement under this paragraph proves to be false, the Provider shall be entitled to claim from the User all damages and all costs caused by the Provider’s taking the User’s statement as true and using the materials as set out above.
6. If you feel that the materials of other Users infringe the intellectual property rights or other rights of third parties in any way, please do not hesitate to contact us via email: lucie@czechfounders.org. We will try to solve this problem as soon as possible.

12.OTHER RIGHTS AND OBLIGATIONS OF THE PROVIDER

1. We may revise the features of the Platform from time to time, including but not limited to adding new features, modifying current features and/or removing current features.
2. We shall use reasonable efforts to maintain the Platform in a manner that minimizes errors and interruptions to the availability of the Platform. The Customers and the Users acknowledge that the Platform and the User Account may be temporarily unavailable for scheduled maintenance (in particular with respect to necessary maintenance of the Provider’s hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties that operate the Platform or other related services for the Provider) or for unscheduled emergency maintenance, either by the Provider or by third parties, as applicable. Provider shall use reasonable efforts to notify the Customers and the Users of any scheduled interruption of the Platform.
3. The Provider shall not be liable for any damage caused to the Customers or the Users in connection with any interruption of the Platform.

13. DATA PROTECTION

1. The Customers and the Users acknowledge that the Provider processes the personal data provided by them for the purpose of operating the Platform in accordance with the legal provisions relating to the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) (“GDPR”), Act No, on the processing of personal data, as amended, and any judicial or administrative interpretation of legislation relating to the processing and protection of personal data, any guidelines, codes of conduct or approved certification mechanisms issued by the Data Protection Authority.
2. Details regarding the processing of the Customer’s and the User’s personal data by the Provider are available on the Platform www.czechfounders.org/forum-vitej/forum-privacy-policy.

14. CONFIDENTIALITY

1. Confidential Information means any content that is communicated between the Provider, the Customer and/or the User on the Platform (the “Confidential Information”). The Provider, the Customer and/or the User agree not to disclose or otherwise make available to third parties other than its employees any Confidential Information or for the benefit of a third party. The Provider, the Customer and/or the User may however use the Confidential Information for its own benefit.
2. The obligation of confidentiality does not apply to the disclosure of the Confidential Information:
3. to persons acting for the respective party (e.g. the respective party’s attorneys, auditors or other advisors) if knowledge of such Confidential Information is necessary for the performance of such person's duties in connection with these Terms; or
4. where the disclosing party has given prior written consent to the disclosure of the Confidential Information; or
5. in the case of a statutory obligation to prevent or report the commission of a crime or other statutory information obligation; in such case, the respective party shall mark the information provided as a trade secret and notify the Provider without undue delay.

15. CONSUMER’S WITHDRAWAL

1. If you are entering into agreement with us as a consumer you have a right under Section 1829 (1) of the Civil Code to a statutory 14 (fourteen) day withdrawal period. However by accessing the User Account and the Platform and by accepting these Terms, you consent with performance of the agreement prior to the expiry of the withdrawal period within the meaning of Section 1829 (1) of the Civil Code and acknowledge that according to Section 1837 letter a) and l) of the Civil Code you may not withdraw from the agreement after you have been granted access to the User Account and the Platform. For avoidance of any doubt this provision shall not affect the Customer’s right to cancel the Subscription according to Article 7.6 of these Terms.

16. FINAL PROVISIONS

1. In the event of a breach of the Customer’s or the User’s obligations under the Terms, the Provider reserves the right to cancel the User’s Account at any time.
2. In the event that any provision of these Terms is or becomes invalid or ineffective, the remaining provisions of these Terms shall remain valid and effective. The invalid or ineffective provision will be replaced by another provision that is valid and effective and that best matches the content and intent of the original provision.
3. The Customer, the User and the Provider hereby assume the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
4. These Terms and all rights and obligations of the Customer, the User and the Provider shall be governed by the laws of the Czech Republic.
5. The courts of the Czech Republic shall have subject matter and local jurisdiction to resolve any dispute arising out of or in connection with these Terms.
6. If you are entering into agreement with us as a consumer, please note that out-of-court settlement of consumer disputes arising from our agreement are the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs.
7. We handle consumer complaints via the e-mail address lucie@czechfounders.org. We send information about handling your complaint to your email address.
8. The Provider is entitled to unilaterally amend and supplement the wording of these Terms from time to time. The Provider shall always notify the changes to the Terms at least 10 days prior to the effective date of the changes by displaying a notice on the Platform, in the User Account or via the Customer’s or the User’s email. If the Customer or the User does not agree with the change, he/she has the right to notify the Provider in writing that he/she does not agree with the new wording of the Terms or to cancel his/her User Account; in such case, he/she is not entitled to continue using the Provider’s services in connection with the operation of the Platform. If the Customer or the User does not notify his/her disagreement with the new wording of the Terms by the effective date of the change in any of the above-mentioned ways, he/she agrees with the change and undertakes to comply with the new wording of the Terms. Upon the new Terms becoming effective, the original Terms will cease to be effective.
9. The Customer’s or the User’s rights and obligations under these Terms may be transferred (assigned) to a third party only with the prior written consent of the Provider. The Customer or the User hereby consents to the transfer (assignment) of any of the Provider’s rights and obligations under the Terms to third parties.
10. Set-off of any claims arising from the contractual relationship established by these Terms is not allowed by the Customer or the User.
11. The Provider shall not be liable for any damage, injury or loss arising from any acts or omissions of the Customer or the User or other third parties in connection with the provision of services mediated on the Platform. Nor shall we be liable for any damages, injuries or losses resulting from any acts or omissions of the Customer or the User that are in breach of these Terms.