Terms and Conditions
Effective date: April 1, 2022
1. Scope of application
1.1. These general terms (the “Terms”) apply to any and all access and use of the services and information available on swedesforukraine.org which is a service-platform whose main purpose is to facilitate Swedes to offer housing and accommodation to Ukrainian refugees. The platform enables Swedish persons to publish postings of property, apartment and/or rooms targeted for Ukrainian refugees seeking accommodation in Sweden (such services – including any and all software and products associated therewith – hereinafter collectively referred to as “Services/Service”).
1.2. The Services are owned and administrated by the charitable organization “CHARITABLE FOUNDATION “SIGMA SOFTWARE. SOCIAL INITIATIVE” (hereinafter referred to as – “Sigma”) and may in some cases be supported, provided and operated by Sigma affiliates or contractors.
1.3. These Terms are a legal agreement between Sigma, and You, or, if You represent a legal entity or other organization, that legal entity or organization (hereinafter referred to as “User” or “You”). When You click on the button “Agree” or similar button (e.g., “Accept”, “Register”, “Create an account”) or when You just create an account or start to use any Service, You enter into a legally binding agreement with Sigma.
2.1. By using the Services, You represent and warrant that:
- You are at least 18 years old and You have reached the age allowing You to enter into these Terms;
- You are able to enter into a binding agreement with Sigma according to the legislation applicable to You;
- You are not banned from consuming and using the Services due to any applicable sanctions or other restrictions.
3. Dos and Don’ts
3.1. A User SHALL:
- comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws and other regulatory requirements;
- only use the Services for the purpose stipulated in Section 1 above;
- place real and accurate information within the Service and keep it updated.
3.2. A User SHALL NOT:
- use the Services for any commercial marketing and or advertisement purposes that is outside of the scope of the Services;
- use the Services for any illegal or unlawful purpose;
- use the Services for any purpose prohibited in these Terms;
- place any materials anywhere within the Service that violate rights of others, including but not limited to intellectual property rights;
- disseminate, launch or use viruses and other harmful software within the Service;
- use automated programs (bots, robots, “spiders”, scrapers, and other programs having similar functions) and scripts in the Service, in particular, for the collection of the information on the other Users or the Service in whole;
- place any materials anywhere within the Service, which:
- propagandize war, violence, and discrimination aimed at the fomentation of ethnic, racial, and religious hostility;
- call to encroaching on the human rights and liberties, to commit crimes against peace and safety of the mankind, terrorism, extremism, any other offences, etc.;
- propagandize criminal activities, fraud or contain advice or instructions concerning the performance of criminal acts or fraud;
- contain aggressive utterances and threats, scenes of violence and cruelty;
- contain abuse, slander, defamation; discredit; humiliate and defame the honor, dignity and business reputation of the other Users or third parties;
- breach other rights and legal interests of Users or third parties including legal entities, international organizations, public bodies, entire states, etc.
- pose as a representative or authorized person of Sigma or its affiliates.
3.3. If a User violates any provision of these Terms or law, Sigma may at its sole discretion take the following measures:
- block User’s account for definite or indefinite period;
- delete User’s account;
- block or delete some content placed by a User on the Services;
- block some specific features available to a User.
4. Disclaimers and liability limitations
4.1. To the extent allowed by law, Sigma will not, and is not obliged to, moderate the content posted by Users within the Services. Without prejudice to the afore-mentioned, Sigma has a right to delete any material, if Sigma believes that such material is not in compliance with or violates the legislation requirements, rights, freedoms and interests of third parties, or these Terms.
4.2. Sigma does not own or manage any of the apartments, properties or rooms offered by the Users via the Service and is not in position to check or confirm their quality or characteristics. Further, Sigma does not verify the completeness and accuracy of the materials and information placed by Users within the Service and Sigma is not liable for any such information (including factual errors).
4.3. Sigma does not verify a User’s identity or conduct any credential checks of such User. Sigma is further not in a position to make a User fulfil its contract obligations or promises such User may given to another User. Consequently, Sigma shall not be responsible for any misrepresentation and/or breach committed by a User with respect to any contract concluded with another User within the Service.
4.4. In light of the abovementioned, each User – in its respective capacity as host/property owner or tenant/Ukrainian refugee – is solely responsible for making any and all suitability assessments of another User, as well as assessing any accommodation, before entering into any property rental contract.
4.5. Due to the fact that Sigma is solely acting as a provider of the Service connecting the Users with each other, Sigma is not in a position to resolve any legal disputes between the Users. For clarity, Sigma is not a party of any agreement concluded by the Users within or beyond the Service and Sigma will not review or take responsibility for any contracts (written or otherwise) entered into between host/property owner or tenant/Ukrainian refugee. Sigma is not responsible for the actions of the Users, including, but not limited to any deficiencies in offered accommodation, or any disturbances and/or damages to property.
4.6. Sigma does not represent or warrant that (1) Services, or any feature of the Services will be secure, updated, complete, error-free or uninterrupted; (2) that any defects will be corrected; (3) that Your use of the Services will provide specific results; (4) that Services will always function without delays, disruptions, or imperfections; (5) that Your content will be stored.
4.7. The Services are provided “AS IS” and “AS AVAILABLE”. Sigma cannot guarantee the Services will be safe and secure or will work perfectly all the time. Sigma may stop, suspend or modify any of its Services or its separate functionalities at any time and without prior notice to You.
4.8. To the extent permitted by law, Sigma hereby disclaims all warranties, expressed or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
4.9. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Sigma and its affiliates.
4.10. To the maximum extent allowed by law, Sigma and its affiliates will not be liable for any indirect, incidental, consequential, special, punitive, multiple, exemplary or any other damages; for loss of profits; for loss of data; for loss of business opportunities; for loss of goodwill arising from or in connection with: (1) breach of the Terms; (2) Your access to or use of or inability to access or use the Services; (3) unauthorized access, use, or alteration of Your content and data; (4) termination of these terms by Sigma; (5) modifications, amendments, errors in Services; (6) suspending of the Services.
4.11. To the extent permitted by law, in no event will aggregate liability of Sigma for all claims relating to the Services exceed the greater of $50 USD or the amount You paid Sigma, if any, in the last 6 months.
4.12. All limitations of liability of any kind (including in this section and elsewhere in these terms) are made for the benefit of both Sigma and its affiliates.
5. Intellectual property
5.1. A User is solely responsible for the content it submits to the Services. Sigma does not monitor such content but may delete it (wholly or partially) if Sigma reasonably (in its own discretion) believes that such content is controversial, harmful or in violation of third-party rights.
6. Rights You grant to Sigma
6.1. By uploading, posting or otherwise submitting content to the Services, You grant Sigma and its affiliates a worldwide, royalty-free, sublicensable, and transferable license to use, store, host, display, reproduce, publish, modify, process, adapt, edit, and distribute that content. This license is granted solely for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Also, under this license, You grant Sigma a right to create derivative works and to publish, display or otherwise use such derivative works for the purpose of advertising, promotion of the Services without any compensation to You.
6.2. By uploading, posting or otherwise submitting content to the Services, You also grant the other users a non-exclusive right to use it within the Service’s functionality only, namely by viewing, reproducing, copying for the purpose of a personal non-for-profit use.
6.3. By uploading, posting or otherwise submitting content to the Services, You represent and warrant to Sigma and its affiliates that You do not violate the law nor anyone’s rights (including intellectual property rights) in respect to such content.
7. Rights Sigma grants to You
7.1. Hereby Sigma grants You a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, worldwide end-user license to access and to use Services, its separate parts and features solely the for personal consumption and according to these Terms.
7.2. Under these Terms, You are not allowed and shall refrain from copying any Sigma software or its part, re-distributing, selling, leasing or transferring any Sigma software or its part to any third party, modifying any Sigma software, reverse engineering, decompiling or disassembling or otherwise attempting to derive source code from any Sigma software, in whole or part, unless otherwise is directly agreed by Sigma and You in writing.
8.1. To the extent allowed by law, You agree to defend, indemnify and hold harmless Sigma and its affiliates from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without limitation, reasonable attorney’s fees and costs due to, arising out of or in any way connected with any of the following:
- any misrepresentation made by You;
- Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
- Your content;
- Your access to or use of the Services;
- Your breach of these Terms.
9. Applicable law and forum
9.1. To the extent permitted by mandatory local law, these Terms and Services will be governed by Swedish law.
9.2. To the extent permitted by mandatory local law, any dispute will exclusively be submitted to the competent courts in Sweden.
10. Contact information
Full legal name: charitable organisation “CHARITABLE FOUNDATION “SIGMA SOFTWARE. SOCIAL INITIATIVE”
Registration number: 40976134
Address: 64300, Izyum city, Soborna street, building 47, room 12
If You believe that a certain material posted within the Services violates Your rights, laws and regulations, or these Terms, or if You believe that a certain User has violated any of such provisions, please contact us via e-mail: [email protected].
11. Termination and Changes
11.1. Both You and Sigma may terminate these Terms at any time with notice to the other. Upon termination, You lose the right to access or use the Services. The following clauses and sections shall survive termination: 4, 2, 8, 9.
12.1. Sigma may modify these Terms from time to time. If Sigma makes material changes to the Terms, Sigma will provide You notice through the Services, or by other means, to provide You the opportunity to review the changes before they become effective. If You object to any changes, You may stop using the Services. Your continued use of the Services after Sigma publishes or sends a notice about the changes to these Terms means that You are consenting to the updated terms as of their effective date.