Tabtoe
Terms of Use

 

 

The Terms outline the rules and regulations for the use of the Website Tabtoe.com.

 

Updated: 14. August 2019

 

ACCEPING THESE TERMS OF USE

You have been informed on the register page that you accept these Terms and our privacy policy by pressing “Sign up” and by accessing or using the services. With the acceptance you and/or your heirs are entering into a legally binding agreement with us.

If you do not agree to our Terms of Use you must not access our website, use the Services or create an Tabtoe Account.

These Website Terms of Use are applicable to the website of Tabtoe.com and to all tools, documents, applications, including mobile applications, and other services, including the services offered under.

The following terminology applies to these Terms, our Privacy Policy and any or all Agreements: “Users”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the users and/or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please read these Terms carefully as it is a legally binding agreement between you and ourselves and any Tabtoe.com affiliates.

 

MODIFICATION OF THESE TERMS

Tabtoe reserves the right to modify and change these Terms and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Terms of Use, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following changes will constitute your acceptance of the new Terms of Use.

If you disagree with revised Terms, you may terminate this agreement with immediate effect.

 

SCOPE OF OUR SERVICES

Tabtoe.com is an online marketplace that enables registered Users as Sellers to publish services as Tabs and to communicate and transact directly with Users as Buyers who are seeking to buy a service. A User can be Seller or Buyer or a User can be both, Seller and Buyer.

Buyers can browse for already existing Tabs and send a request to a Seller, or Buyer can request an offer if they are seeking to buy a service to which Sellers can offer their Tabs. Both parties can chose to accept or decline the offer or request made.

The services may include files being exchanged for example word documents, data entry and excel tables, presentations and graphic design purposes via our direct Messaging system.

Tabtoe.com is only the platform provider. We do not own, create, sell, resell, provide, control, manage, offer, deliver or supply any services offered on the website. We are not the organizer or retailer of any service packages. The Sellers alone are responsible for the Tabs and the services they offer. When a User purchases a Tab or accepts an Offer to a Request, they are entering a contract directly with each other. Tabtoe is not and does not become a participant in any contractual relationship between users.

Tabtoe is not responsible for the quality, the legality and the level of services provided by Sellers with respect to the Tabs, their delivery, violations of copyright, trademarks, other rights and violations, the accuracy of ratings and review, or the User content and conduct.

A Sellers relationship with us is limited to as an independent and are not employees, agents, joint ventures or partners of Tabtoe.com for any reason and act exclusively on their own behalf and for their own benefit.

Tabtoe may display public user content on other websites, in applications, within emails and in online and offline advertisement to promote the Tabtoe.com website and to increase the exposure of Tabs to potential buyers.

We cannot guarantee the accuracy or quality of any translation tools used and users are responsible for reviewing and verifying the accuracy of such translation. No warranties of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translation made from English.

Our Website may contain links to third-party websites or resources or Third-Party-Services. Such Third-Party-Services may be subject to different terms and conditions and privacy practices. Tabtoe is not responsible or liable for the availability or accuracy of such Third-party Services, or the content, products or services available from such Third-party Service. Links to such Third-party Service are not an endorsement by Tabtoe of such Third-party Service.

Tabtoe or its affiliates may, temporarily restrict the availability of the platform or certain areas of features, if this is necessary in view of capacity limits, the security or integrity of the server, or to carry out maintenance measures that ensure the proper or improved functioning of the Tabtoe platform. Tabtoe may improve, enhance or modify the platform to introduce new Tabtoe services from time to time. Tabtoe will provide notice to Users of any changes to the Website, unless such changes are of minor nature without having a material effect on the Parties´ contractual obligations.

 

ELIGIBILITY AND REGISTRATION

You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services. If you may choose to create a Tabtoe Account, you must provide certain information, including a valid email address and a password. If you want to participate in any transaction event through the Services, you will have to register with us.

If you are registering a Tabtoe Account for business, organization or other legal enterty, you represent and warrant that you have the authority to legally bind that entity and grant us all the permissions and licenses provided in these Terms.

You agree to only provide information that is accurate and truthful, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your account information, and to notify us immediately if you learn of any unauthorized use of your account or information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, Tabtoe Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your Account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. You are liable for any and all activities conducted through your Tabtoe Account, unless such activities are not authorized by you and you are not otherwise negligent, such as failing to report the unauthorized use or loss of your credentials.

User will comply with our terms and policies, the privacy policy is a part of these Terms of Use and incorporated herein by reference.

You may not register with more than one (1) Tabtoe Account. You may not assign or otherwise transfer you Tabtoe account to another party.

 

YOUR CONTENT, SUBMISSIONS AND CONDUCT

Tabtoe.com allows Users to create, upload, post, send, receive and store Content (“Submissions”), such as text, photos and other material and Information. You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferable, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.

You represent and warrant that you own or otherwise control all of the rights and / or license to provide ,sell, or resell services that you offer on our website and that your Submissions will not violate these Terms of Use or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice provided by you in your Submissions or by any third party.

We may access, view or remove User content or any Tabtoe content that is made available by Tabtoe or any of Tabtoes affiliates. We cannot Check all of the Users´ uploaded and created content for appropriateness, violations of copyright or trademarks or any other rights and violations. If you notice such violations you will report this to Tabtoe. Violation content will be removed or disabled.

To the extent permitted by applicable laws Tabtoe shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Any or all Content may be protected by copyrights, trademarks and / or other laws in other countries. You acknowledge and agree that the Tabtoe website and its content, including all associated intellectual property rights, are exclusively property of Tabtoe and or its affiliates.

You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms of Use, scraped, copied, or distributed content from your Submissions and for which you have not granted such third parties a separate license to use.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanied the Tabtoe platform, Tabtoe content or user content. Trademarks, logos, trade names, service marks, and any other source identifiers of Tabtoe used on or in connection with the Tabtoe platform and Tabtoe content may be trademarks or registered trademarks of Tabtoe.

Trademarks, logos, trade names, service marks, and/or any other proprietary designation of third parties used on or in connection with the Tabtoe platform, Tabtoe content, and/or User content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Tabtoe Platform, Tabtoe content and/or User content, except to the extent you are the legal owner of a certain User Content or expressly permitted in these terms.

Subject to your compliance with these Terms, Tabtoe grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Tabtoe and/or User content made available on or through the Tabtoe platform and accessible to you, solely for your personal and non-commercial use.

Please review our Privacy Policy prior to making any Submissions. If you do not agree with our Privacy Policy, you may not make any Submissions.

In addition to complying with the rules specified in these Terms of Use, you agree to comply with the following rules when participating in the Community and/or making any Submissions. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion. By way of example, and not as limitation, you agree to abide by the following rules when participating in the Community and/or making any Submissions:

  • You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;

  • Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;

  • Your Submissions will not infringe or violate our rights or the rights of a third party;

  • You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;

  • You agree that we are not liable for Submissions made by you or others;

  • You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;

  • Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;

  • Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason;

  • You will not share viruses or files that have the capability of causing damage to anther's computer;

  • You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; and

  • You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.

TABS

You may have multiple active tabs. Each Tab should be of a different services and may not repeat an already existing offer by the same seller. 

 

YOUR LICENSE TO USE THE SERVICES

The Services are owned exclusively by us and / or our licensors. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in these Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.

 

TERMS FOR CREATING, SELLING AND BUYING TABS

Tabtoe.com provides for an exchange of digital content only. Content can be uploaded and downloaded in our messaging service. No other service outside the tab toe platform should be used for any exchange of files, communication, agreements on Sellers Terms or payments. This is for the protection of our user so we at Tabtoe can review the process and the quality of the Tab in case of a dispute. Sellers must only post Tabs relevant to our Categories and not for any other reason. The content of Tabs are in accordance to the Terms listed in the Content & Submission sections of these Terms.

Sellers can set their own Cancellation and Refund Terms and the Buyer will agree to these when he commits to the purchase of the Tab. Tabtoe does not offer services that require shipping of physical goods and no addresses should be shared with any other User on this website.

Any information that is being exchanged in the private messaging System are confidential between Buyers and Seller and Sellers are to respect the privacy of the Buyer and not disclose any information.

Sellers comply to any applicable laws in their local jurisdiction and are responsible for paying any direct or indirect taxes, including any GST, VAT, UST or otherwise. Any Taxes and Charges are included in the Tab Price.

Buyer will own all the rights of the delivered and accepted work automatically, unless it was clearly specified in the Sellers Tab description. A Seller can create a new Tab to sell a commercial Use License

 

PAYMENT TERMS AND SERVICE FEE

As soon as you continue to buy you will be redirected to the Paypal log in screen and Platform.

Tabtoe cannot see or access any payment details entered or login details to Paypal.

We are only the provider of the platform, payments will be redirected to Tabtoe and held until its ready to be release to the Seller or refunded to Buyer if needed. 

Service Charges: For Buyers 1 Euro or 5% whichever is greater, For Sellers: 1 Euro  or 17% whichever one is greater 

MWST (VAT)  are included in the total Price of the Tab. 

 

CANCELLATION TERMS AND REFUNDS

 

Both Buyer and Seller have the option to cancel at anytime by clicking on the cancel order button.

If the Seller cancels an active order, the Buyer will receive a full refund including the Tabtoe service fee.

 

If the Buyer cancels an active order, the Sellers set cancellation rules may apply.

Lenient

The payment including the 5 % servicefee will be refunded when the buyer cancels an active order.

Tabtoe charges a  0,85 Cent transaction fee. 

 Inflexible

No refund will be given by the Seller. 

 

We reserve the right in case of dispute to make a final descision either on behalf of the Seller or the Buyer after carefully reviewing the case. 

 

MONEY BACK GUARANTIE

Tabtoe will return 100% of the payment to the Buyer if Seller

- does not respond 

- does not deliver the service purchased

- if the delivered work is of  poor quality and not as it has been described in the Price Tab.

This will be review before a decision can be made.

 

RATINGS AND REVIEWS

Buyers and Sellers can after completion of a sale leave a review about the Seller/Buyer.

  • You will remain polite and civil to other users, even if you disagree with content that you come across through your use of the Services;

  • Your Submissions will not be off topic or contain promotions of or solicitations for other products, services or fundraising activities;

  • Your Submissions will not infringe or violate our rights or the rights of a third party;

  • You will not impersonate anyone else, misrepresent your identity or affiliation, or make Submissions from fake or anonymous profiles;

  • You agree that we are not liable for Submissions made by you or others;

  • You agree that we have the right to remove or edit any content and any Submissions in our sole discretion;

  • Your Submissions will not consist of any inappropriate content, including without limitation personal attacks, offensive remarks, obscenities or any language that we consider foul, vulgar or fraudulent;

  • Your Submissions will not contain images of any person, unless you have received their permission, or the permission of their parent or guardian if the person is under the age of 18 or unable to provide consent for any reason;

  • You will not share viruses or files that have the capability of causing damage to anther's computer;

  • You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to backup any such content; and

  • You agree that when you use the Services you do so at your own risk and that you understand that Submissions that you see may not be accurate. While we may monitor Submissions, we are under no obligation to do so.

 

PROHIBITED ACTIVITIES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website 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.

You agree not to use the services in any way that:

  • Violates these Terms of Use;

  • Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;

  • Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;

  • Creates any derivative works from the Services;

  • Competes with our business or impacts our revenue;

  • Impairs our computer systems or transmits software viruses, worms, or other harmful files;

  • Interferes with any other party’s use and enjoyment of the Services;

  • Attempts to gain unauthorized access to the Services;

  • Uses any part of the Services in unsolicited mailings or spam material;

  • Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;

  • Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, promotes illegal substances, or submits or transmits pornography; or

  • Violates any laws.

 

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Tabtoe.com with respect to such other services. Tabtoe.com is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Tabtoe.com to disclose your data as necessary to facilitate the use or enablement of such other service.

 

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

 

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Tabtoe.com or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Tabtoe.com. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Tabtoe.com or Tabtoe.com licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Tabtoe.com or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Tabtoe.com, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Tabtoe.com has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Tabtoe.com and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Tabtoe.com for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Tabtoe.com and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Niedersachsen, Germany without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Germany. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Niedersachsen, Germany, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.