Terms and Conditions
Contractual parties: These Europebook Terms and Conditions apply between the Europebook AB, incorporated, and registered in Sweden with company registration number 559289-7754 (”Europebook”) and the User of the Services provided by Europebook. The User and Europebook are referred to below collectively as the ”Parties” and individually as a ”Party”.
Acceptance of Europebook Terms: The User accepts Europebook Terms by:
Using free Services;
Clicking a button or box indicating acceptance of these Europebook Terms and Conditions; or
Executing a purchase order that references these Europebook Terms and Conditions.
Age Limit: To be entitled to use the Services, the User must be at least 18 years old. By accepting Europebook Terms, the User certifies that the User is at least 18 years old and has the right to independently enter into this legally binding agreement with Europebook.
Representative: The individual who accepts Europebook Terms on behalf of a company or other legal entity (“Entity”), represents that the individual has the right and authority to enter into this legally binding Agreement with Europebook on behalf of the Entity represented and its affiliates, and confirms that Europebook Terms become binding between the Entity and its affiliates as a “User” and Europebook. The Entity is responsible for its affiliates and its employees using the Services in accordance with the applicable Europebook Terms.
Terms: The User must follow the at any time applicable Europebook Terms and Conditions published on the Application as well as any other terms, rules of procedure and instructions that Europebook provides from time to time, until the User’s Account is terminated. When the User uses the Services, the User is also obliged to comply with the laws, regulations, and authority decisions applicable always. If the User does not accept the terms and conditions and any other terms, rules of procedure and instructions that Europebook provides from time to time, the User does not have the right to use the Services.
The following definitions used in these Europebook Terms and Conditions shall have the meanings set forth below when they are indicated with a capital letter, regardless of whether they are used in the plural or singular, in definite or indefinite form:
Account: refers to an identity in the Application that identifies a User and gives the User access to the Application’s features and functions.
Advertisement Content: refers to all material and information that the Advertisement contains, such as images and text.
Advertisement Post: refers to an Advertisement Post, which has been created by the Advertiser, ant which is or has been published in the Application regarding the sale or purchase of a motor vehicle.
Advertiser: refers to the User who purchases Europebook’s Advertisement Services.
Advertising Fee: means the cost associated with, and fee payable for Europebook’s Advertising Services.
Agreement: means Europebook Terms and Conditions, including Orders incorporated by reference.
Application: refers to the ”Europebook” application for iOS and Android.
Business User: refers to a User who is registered in the Application as an entity/entrepreneur and who uses the Application in connection with its professional or business activities.
Contributions: means any data, content, and information that a User submits to the Application, such as files or chat messages.
Data Protection Legislation: refers to all applicable privacy and data protection laws that are in effect at any given time and that are relevant to a Party relating to the use of personal data, such as for example but not limited to: the codes of practice and guidance applicable to a Party issued by the relevant supervisory or data protection authority; the General Data Protection Regulation ((EU) 2016/679) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).
Europebook Terms and Conditions: refers to the at any time applicable Europebook Terms and Conditions and any other terms, rules of procedure and instructions that Europebook provides from time to time.
Fees: refers to all compensation that Europebook is entitled to charge the User for Services provided and/or performed in accordance with the terms, such as Advertising Fees.
GDPR: refers to 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).
Law: includes Data Protection Legislation as well as any other applicable regulations, laws, ordinances, orders, or codes, of any governmental entity having authority over the Parties or Services.
Non-Europebook Products: means Third party information, services, products, systems, websites, software, directories, networks, databases, and applications, which the Application links to, or that the User connects to or enables integration with while using the Service.
Order: means the Services the User select during the online ordering process, or Europebook’s sales order that is executed by Europebook and the User (which may be system-generated or manually generated), each of which are incorporated to the Agreement.
Payment Service Provider: refers to a Third party that, among other things, processes payments from Users and/or charges Users on behalf of Europebook.
Personal data: refers to all data that, directly or indirectly, alone, or together with other data, can be linked to an identified or identifiable physical living person. Common examples of Personal data are name, telephone number, address, email address, user ID, etc.
Private user: refers to a User in the capacity of an individual who uses the Services for private purposes, which has no connection to professional or business activities.
Service: refers to the services provided by Europebook, such as the Advertisement Service, and may also include the Application.
Third party: refers to someone other than Europebook or the User.
User: refers to the individual or entity who has a registered Account for the Application, such as a Private User or a Business User.
Online Marketplace: The Application is an online marketplace. Through the Application, Users can enter into distance agreements with other Users regarding the purchase and/or sale of motor vehicles. The User must have an Account to create an Advertisement Post and/or communicate with a User who has published an Advertisement Post. Europebook owns and provides the Application but is not a party to any agreements entered between Users.
Combability: The User is responsible for having the technical equipment (for example a computer, tablet, or smartphone), software and internet connection required for using the Services. Since software, hardware and internet access is involved in the use of the Services, the ability for the User may be affected by such factors and their performance. Such system requirements are the User’s responsibility.
Data traffic: Standard data traffic rates may apply when using the Application, as functions require an active connection to the internet. When using the Application, the User accepts its responsibility for payment of all such possible charges from the User’s mobile operator and/or Third party (for example charges for data roaming, Wi-fi, etc.).
Beta Features: Beta versions of functions, products, services, or integrations, which are pre-releases (”Beta Features”), may be offered within an ongoing Subscription period. Use of and access to Beta Features may be subject to additional terms and conditions. A Beta Feature is provided without warranty or representation that it will be made generally available, and Europebook has the sole right to modify a Beta Feature at any time, or discontinue it, without prior notice. Beta Features may contain errors, bugs or other defects and are provided “AS IS”. The User uses Beta Features at the User’s sole risk.
User’s status: Information about whether the Advertiser is a Business User or a Private User, based on the information provided by the Advertiser, appears on the Application. Business Users are solely responsible for always complying with applicable legislation, including the obligations arising from applicable consumer protection legislation.
Consumer Protection Laws: If the Advertiser is not a Business User, consumer protection laws do not apply. This means, among other things, that there is no right of withdrawal by law when purchasing an item online from a Private User.
Ranking of Advertisements Posts: ”Ranking” means the relative position that Europebook assigns to Advertisements Posts as they are presented, organized, or transmitted, regardless of the technical means used for such presentation, organization, or transmission. Information about the criteria that primarily determine the ranking of Advertisements Posts presented in a search and their importance compared to other criteria, appears in a special section of the online interface and is directly and easily accessible from the place where the search results are presented. As default, Advertisement Posts are published in chronological order by publication date in descending order.
Distribution of obligations: There are no obligations divided between the Advertiser and Europebook. Europebook only provides the Application.
Europebook’s communication with the User: Europebook can communicate with the User through email and/or notification via the Application. Europebook’s communication with the User regarding the Application and/or the Account cannot be opted out, as this is part of the service that Europebook provides and is necessary for support matters.
Non-Europebook products: Europebook maintains the ability to integrate with Non-Europebook products/services to offer added value to the User but does not guarantee and makes no promises that such integration will remain throughout the Subscription Period. If the User activates Non-Europebook Products, the User is responsible for reading the terms and conditions and privacy policy applicable to such Non-Europebook Products, since they are solely governed by those terms. Europebook makes no representations or warranties about, and is not responsible for, any aspect of such Non-Europebook Products. By the User activating any Non-Europebook Products, Europebook is granted the right to disclose the User’s applicable Account data as necessary to facilitate the activation or enable the use of such Non-Europebook Products.
Subcontractor: Europebook has the right to engage subcontractors for the fulfillment of its contractual commitments and obligations according to agreements entered between Europebook and the User.
Registration: The User creates the Account by registering its email address and choosing a password. This means that the User may not transfer or assign their Account to anyone else. Europebook is not responsible for any other person’s misuse of the Account, nor for damages or other forms of consequences due to such misuse. All activity that takes place through the Account is considered authorized activity performed by the User registered on the Account.
Login credentials: The User must observe confidentiality regarding its login credentials for the Application and shall maintain the confidentiality throughout the term of agreement. If the User discovers or suspects intrusion into the Account, the User must immediately take the necessary measures. The User is solely responsible for all activities that occur under its Account (whether authorized or not) and its compliance with the at any time applicable Europebook Terms and Conditions.
Content and Conduct: If content is uploaded to the Service, which in Europebook ’s reasonable opinion, exposes Europebook or other users to any risk or liability, or does not comply with the Europebook Terms and Conditions, such content may be removed by Europebook with or without prior notice thereof. If any such content is removed by Europebook, Europebook shall not be liable to the User or any other Third party.
User generated content: Europebook does not claim ownership of content that the User registers on, or uploads to, the Application.
The User’s status: The User can use the Application as a Private User or Business User and is responsible for always registering the Users current and correct status in the Application. If the User registers that the User is acting as a Business User, this will appear visibly in the Application and on the User’s Advertisements Posts.
Visible registered data: The following information registered by the Advertiser in Advertisements Posts are publicly visible and can be seen by people who do not have a registered Account or who are not logged into the Application: country, city and/or address, first image, category, title, price, and publication date. The Users telephone number is visible only if the User has registered it in the Account. The email address is not visible for other Users. It is only possible to communicate with other Users through the Applications chat function, or, if a telephone number has been registered, through phone call.
Contact details: The contact details that the User registers on the Application must be correct, current, and updated within the entire contract period.
Registered information: The use of the Application and reliance on information published in the Application is at the User’s own risk and of their own free will. The User can change its username, user status (Private User or Business User) information about the location (country), email address and telephone number that the User has registered in its Account.
Deletion of Account: The User can delete its Account through the Applications settings.
Monitor rights: Europebook reserves the right to access all information registered in the Service, to check that all applicable Europebook Terms and Conditions are being complied with and to fulfill Europebook’s contractual commitments and obligations according to the Agreement.
Administrator: Europebook is the Application’s administrator who publishes the Advertiser’s Advertisements as ”posts” in the Application. Europebook approves or rejects submitted Advertisement Content material and has the right to freely publish and delete Advertisement Posts and Accounts. Europebook is not responsible for the content of the Advertisement Post and does not check the correctness, legality or similar of the Advertisement Post.
Advertisement Post types: Europebook offers the following Advertisement Post types through the Application:
Standard posts: Standard posts appear on the Applications home page and on the search page in the post feed.
The Advertisement service is considered completed when the Advertisement Post in question has been approved by Europebook and published in the Application. Upon approval of the Advertisement Post, the Advertiser will receive a confirmation message containing a post link sent to the provided email address.
The Advertiser must delete the Advertisement Post when it is no longer relevant by following the instructions that follow in the email containing the link to the Advertisement Post.
Permitted Advertisements: It is only permitted to create Advertisement Posts relating to the purchase or sale of motor vehicles within Europe (unless otherwise expressly stated), and in accordance with Europebook Terms and Conditions in force at any given time.
The owner of a motor vehicle: The Advertiser in its capacity of a Private User must be the registered owner of the motor vehicle in question in case of a sale Advertisement Post.
Images: Any image of the motor vehicle that the Advertiser chooses to create an Advertisement Post for in the Application must:
be a picture of the vehicle that is for sale and that appears in the Advertisement.
any logo on the image (for example the Business User’s brand) must not obscure the vehicle or take over an excessively large part of the image.
be free from texts edited on the image and graphic effects, such as frames, shadows, figures, etc.
The Advertisement Posts that the Advertiser chooses to publish in the Application must:
refer only to one (1) vehicle.
contain information about the model and brand of the vehicle.
contain price information (EUR or SEK).
contain a descriptive title.
be placed in the category that best describes the vehicle. It is not permitted to submit the same Advertisement Post or motor vehicle under several categories.
Description: It is optional to include a description of the vehicle. Advertisement Content may not be copied from other Advertisement Posts.
Publication: Europebook is entitled to, in whole or in part, with or without any modifications made by Europebook, publish the Advertisement Post and its content in:
the Application within the publication period specified in the order confirmation; and
on Europebook’s accounts in social media without limitation in time (for marketing purposes).
The Advertiser does not have the right to demand compensation from Europebook for its use of the Advertisement Content in accordance with the above-mentioned provision.
Advertisement status: The Advertiser must update the Advertisement Post’s status and remove its published Advertisement Posts from the Application when they are no longer relevant.
Europebook reserves the right to not publish Advertisement Posts that:
are not considered suitable according to Europebook’s own assessment;
contravenes Europebook Terms and Conditions, applicable law, or Third-party rights; or
are otherwise not compatible with the Application’s purpose.
Europebook has the right to:
demand changes to the Advertisement Post, if the Advertisement Content violates Europebook Terms and Conditions, applicable law, or Third-party rights.
remove published Advertisement Posts after 30 days from the date of publication.
Advertiser’s liability: The Advertiser is solely responsible for submitted Advertisement Content and shall indemnify Europebook against costs and compensation claims that may be directed against Europebook due to published and/or shared Advertising Content for which the Advertiser is responsible.
The Advertising Fee is stated at the time of payment for the Advertisement Service provided by Europebook.
Payment can be made through the payment service solution available at any time. When paying through an integrated Payment Service Provider, the User accepts the Payment Service Provider’s terms and conditions applicable at any time.
Business Users have no right of withdrawal when purchasing any Services from Europebook.
According to the Swedish Act (2005:59) on distance contracts and agreements outside business premises, the right of withdrawal does not apply to agreements that refer to a service that has been performed against payment, if the consumer has expressly consented to the service beginning to be performed and has agreed that there is no right of withdrawal once the service has been performed.
Consumer who purchases Europebook’s Service for Advertising, by publishing an Advertisement Post on the Application, requests that the Advertising Service begins to be performed after the execution of the purchase (which can be done within the 14 days cooling-off period) and agrees that there is no right of withdrawal thereby when the Advertisement Service has been completed. This means that the consumer agrees that there is no right of withdrawal once the Service has been completed. Europebook’s Advertisement Service is considered to have been completed when the Advertisement Post in question has been published in the Application. This also applies to additional Services that are purchased in connection with an Advertisement Post, such as renewal or amendment of an Advertisement Post, which are considered completed when the Advertisement Post in question has been renewed or amended.
If Europebook does not publish an Advertisement Post because Europebook does not approve the Advertisement Content, the Advertiser will receive an email with instructions to remedy the deficiency and instructions to request a refund.
Misuse, manipulation, or use of the Application and/or the Advertising Service in violation of Europebook’s terms and conditions does not entitle the User to a refund or compensation.
Responsibility: Users are themselves responsible for initiating direct contact with each other and for the negotiations between them regarding the transfer of the Advertised object in question. Europebook cannot be held responsible for contact or communication between Users, nor for any lack of contact.
No guarantees: Europebook makes no guarantees whatsoever, either express or implied, regarding communications or agreements between the matched Users.
Agreement between Users: The User hereby certifies that he is aware that Europebook is not a contracting party to an agreement entered into with another user of the Application or another Third party. The Users are responsible for agreeing among themselves on the terms and conditions regarding the purchase/sale of motor vehicles advertised through the Application.
Chat function: The chat function provided in the Application is optional for Users to use. The function may only be used for Users to be able to communicate with each other regarding the Advertisements Posts that are published in the Application. Users are solely responsible for their own actions, including failure to act, and for all actions taken through their Account. All use of the chat function is at the User’s own risk. Users are not permitted to use the chat feature to perform any illegal, misleading, or other harmful or criminal act. It is not permitted to threaten, harass, or send spam, offensive content, viruses, or similar via the chat function or to otherwise act inappropriately or in violation of applicable law and Europebook Terms and Conditions. It is not permitted for the user to pretend to be someone else. The chat function may only be used to communicate regarding an Advertisement Posts published by any of the Users using the chat function.
Storage of information: Europebook does not assume responsibility for storing information contained in the chat function for the User. Messages sent through the chat function are automatically deleted after the User has deleted its Account and this is done without the User being notified.
Block a User: The User may block another User through the Application. In such cases, all massage history between the Users will be non-visible and the Users in question will no longer be able to chat with each other through the Application.
Fees: The User undertakes to pay to Europebook at any time applicable fees for the use of the services that Europebook at any time provides and/or conveys to the User. For example, fee for publication of Advertisement Posts in the Application (”Advertisement Fee”) and fee for the performance of additional services (”Service Fees”), etc. Fees available at any time are shown on the Application prior to the Order and are accepted by the User in connection with the completion of the Order.
Europebook will not be liable for the User’s inability to use us all or part of the Services, if it is caused by the User’s failure or delay to timely cooperate with Europebook to provision the Services, such as giving Europebook access, accurate information, and materials as reasonably necessary for the provision of the Services to the User.
The User is solely responsible for everything he registers in the Application or otherwise conveys to Europebook or other Users. The User is solely and fully responsible for its actions, including any failure to act.
The User agrees to not, unless obtaining Europebook’s written prior permission:
use someone else’s identity to open an Account;
contact another user outside of the Service without their express permission, by using their user information, such as email address;
promote, market, or sell any products or services in the Application that compete with Europebook’s services/products, or try to do any of the foregoing;
copy, resell, duplicate, or reproduce any part of the Services or related content;
sell, rent, license, sublicense, lease, transfer, assign, outsource, distribute, time-share, or otherwise commercially exploit or resell the Services to a Third party.
adapt, hack, or modify or inserting malicious code to the Service or any of its operating systems or attempt to gain unauthorized access to the Services in any way;
register, distribute, add, or otherwise make available content in the Application that is criminal or that contains threatening, offensive, punishable, racist, sexist, homophobic, hateful, political, or pornographic elements;
unlawfully violate a person’s privacy rights;
reverse engineer, de-compile, disassemble, or make derivative works that are based on all or any portion of the Service, its content, or Europebook’s IP-rights, or try to do any of the aforementioned, except to the extent permitted by law.
If the User discovers a breach of Europebook Terms and Conditions, criminal content or similar, the report to Europebook can be made to the following email address: europebookab@gmail.com. Europebook reserves the right to report criminal activity to the police.
If Europebook reasonably believe that the User violate Europebook Terms and Conditions, or if Europebook may restrict or suspend the User’s access to the Services including the right to terminate all Agreements entered between the User and Europebook. Europebook shall not, due to such a decision, be liable to the User or any other Third party. If Europebook terminates an Account in accordance with this provision, the User in question may only register a new Account after receiving Europebook’s prior written approval.
Europebook and the User must Process Personal data in accordance with the GDPR.
Users shall not share, write, distribute, register, or publish sensitive Personal data about an identifiable person in the Application. Sensitive Personal data is, for example, Personal data that reveals ethnic origin, political opinions, religious or philosophical beliefs, or information about health and sexual life, but also Personal data relating to legal violations that include crimes.
Business Users are responsible for all their Processing of Personal data, including any Personal data that they access from Users contacting them through the Application. Business Users are solely responsible for informing the Users about their Processing of Personal data in accordance with applicable Data Protection Legislation.
Information about Europebook’s Processing of Personal data in its capacity of a Controller can be found in Europebook’s Privacy Notice which is published on the Application.
Availability: Europebook is responsible for technical support and maintenance of the Application and strives to provide the Services every day of the week, 24 hours a day, using commercially reasonable efforts. However, Europebook cannot guarantee such availability and hereby inform that there may be disruptions that make the Services unavailable for a certain period, for example due to circumstances that are unforeseeable, or predictable but which we cannot prevent despite our commercially reasonable efforts (for example but not limited to malicious actions by Third parties, internet outages or service interruptions by our contracted service providers that are not due to our actions. Unavailability may also be caused by necessary security measures, technical maintenance, or other planned downtime of which Europebook may provide reasonable prior notice. Europebook has the right to take measures affecting the availability of the Services, if required for technical, maintenance, operational or security reasons, without having to notify when such interruptions may occur. The User is not entitled to any form of compensation from Europebook due to lack of access to the Application due to such permitted interruptions and/or scheduled maintenance.
Internet connection: As an active internet connection is a prerequisite for the Services to function, the User understands that interruptions, delays, bugs, and similar obstacles due to the internet connection do not constitute errors or faults in the Services that Europebook can be held responsible for.
Updates: The Application is updated continuously, and the User must always use the latest version of the Application. Europebook Terms and Conditions applicable at any time also apply to updates to the Application.
Error reporting: Europebook makes no guarantees whatsoever that the Application will be free of interference or other technical complications. Any complaints or similar regarding the Application must be notified directly to Europebook by sending a message to the following email address: europebookab@gmail.com. Europebook shall, to the best of its ability and within a reasonable time, try to remedy any errors or deficiencies, to the extent that it is possible. The User does not have the right to invoke any penalty other than remedial action and is not entitled to compensation, damages, or any other type of compensation due to errors or deficiencies, suspensions, or interruptions in the Application, unless otherwise follows from Swedish mandatory legislation.
Information relating to the use, performance, and provision of the Services may be collected, aggregated, anonymized and/or analyzed by Europebook in perpetuity, free of charge, and such information may be used to provide the Services to the User, as well as to improve the Services and other offerings provided or developed by Europebook.
Europebook has the right to anonymize all data generated in connection with the User’s use of the Application. Europebook also has the right to freely use, store and share such anonymized data without limitation in time, including the right to use anonymized data for statistical and evaluation purposes for the development of its services and the Application.
Europebook uses certain logging of the use of the Application to, among other things, carry out troubleshooting, investigate abuse, analyze intrusions, analyze the use of the Application, and provide information to authorities if required, and if possible, non-essential personal data in such cases shall be excluded from processing.
The User may make available or submit information, materials or other content and data as part of its use of the Services, for example files, images, texts, or messages (“Contributions”). The User is solely responsible for its Contributions and assume all risks associated with such Contributions, such as but not limited to, any disclosure of data that can identify the User or anyone else, or anyone’s reliance on the accuracy, quality, appropriateness, reliability of the made Contributions. Europebook does not claim ownership of any Contributions.
The User hereby warrants that the User have all necessary consents, permissions, and rights to authorize the use of, and to use, the Contributions. It is not permitted to, in any form, indicate that Europebook is endorsing or sponsoring Contributions.
Europebook is not liable or responsible to the User or any Third-party for the Contributions, its content or accuracy. Europebook has the right to, in its sole discretion, but is not obliged, to remove or reject Contributions.
The User hereby grants Europebook, solely in connection with the User’s use of the Service, a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, transferable, irrevocable, license to the Contributions, to use, display, distribute, reproduce, adapt, modify, translate, perform, and publish such Contributions in any media, channel form and format.
Europebook owns all intellectual property rights in the Services (except for any rights owned by Europebook’s licensors or Third parties), such as copyrights, patents, inventions, logos, trademarks, service marks, domain names, trade names, know-how, trade secrets, and any other intellectual property and proprietary rights (”IP-rights”). The User has no intellectual property rights in, or to, the Services or Europebook’s other IP-rights, except for the right to use the Service in accordance with Europebook Terms and Conditions. The User’s right to use the Services, do not convey any additional rights in the Services or any of Europebook’s IP-rights that are associated with the Services and the right to use the Services. Europebook owns all interests, title, and rights in the Services, including the Application and all related IP-rights.
The User guarantees that it will not use images, texts or other IP-rights belonging to Europebook in associations, organizations, business activities or for other commercial purposes, without Europebook’s prior written approval. It is considered a material breach of contract to breach this clause.
The User must hold, and is solely responsible for, holding all necessary rights to the content that the User registers to the Application, either by having created the content itself (for example, an image or text), or that the User holds all permissions to use such material for publication in accordance with applicable Europebook Terms and Conditions. The User guarantees that submitted content does not contain material protected by intellectual property rights, such as images or other material, which the User does not have the right to use. Europebook reserves the right, but not the obligation, to remove content from the Application that are published in violation of at any time applicable Europebook Terms and Conditions or Third-Party rights.
If the User give Europebook any recommendations, enhancement requests, suggestions, or other feedback in written, oral or any other form (”Feedback”), the User represent that the:
User is permitted, and have the right, to disclose the Feedback;
Feedback does not violate any rights of any other entity or individual;
Feedback does not include any proprietary or confidential information of the Parties or any Third party.
The User hereby assigns to Europebook the User’s entire, title, interests and right, including any intellectual property rights, to and in Feedback. If any right, title, or interest cannot be transferred in accordance with the law, the User hereby grants Europebook a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to, without any compensation, modify, use, incorporate exploit, sublicense, publish, distribute, and prepare derivative works from any such Feedback, and the User wave any title, interest or right and consent to any action of Europebook, its successors, service providers and assigns that would violate such title, interest or right if such consent was not provided. The User also agree to provide, sign and/or execute any documents necessary to put the aforementioned assignments, waivers, or consents into effect. The User also acknowledge that something similar to the Feedback may already be in development or in consideration by Europebook.
The User is fully and solely responsible for complying with current legislation and the at any time applicable Europebook Terms and Conditions.
The User undertakes to hold Europebook fully indemnified (including Europebook employees, directors, agents, consultants, advisors an any other representatives) against all amounts awarded in any claim, or paid in settlement thereof, arising out of any investigation suit, claim, proceeding or any judicial, arbitration or other administrative action, brought by a Third party against Europebook that arises from the Users violation of law or breach of the Agreement or that allege that the User infringes any Third party’s IP-rights.
Each of the Parties, including Third parties engaged by Europebook to perform parts of Europebook’s contractual obligations or legal obligations, is exempt from penalty for failure to fulfill their contractual obligations and is not liable for damages, if the failure is due to circumstances that prevent the fulfillment of the obligation and which is beyond the party’s control and whose consequences he could not reasonably have avoided or overcome (”force majeure event”). As an force majeure event shall be considered, for example, but not exclusively: epidemic, pandemic, authority decision, authority action or omission, labor conflict, lightning strike, fire, war, attack, mobilization, newly introduced or amended legislation and circumstances equivalent thereto, as well as errors or delays in delivery from a subcontractor due to of circumstances beyond its control. When the obstacle ceases, the obligation must be fulfilled in the agreed manner if possible.
Europebook is not responsible for errors or interruptions in the Service (including the Application) if it has been caused by:
upcoming attacks, such as viruses or other attacks on security;
errors in the User’s IT-environment/hardware, which is not provided by Europebook;
circumstance outside Europebook’s area of responsibility for the Services, for example the lack of communication or other products or services from Third parties for which Europebook has not expressly taken responsibility;
information, materials, files, and other circumstances for which the is responsible; or
errors, delays, or damage due to Third party applications, plugins, services or similar which are not under the control of Europebook.
The User is only entitled to compensation from Europebook for substantiated and reasonable costs incurred as a direct result of negligence on Europebook’s part.
Europebook only compensates the User for indirect costs, damages, or losses (such as lost profit or other consequential damages), if Europebook has acted intentionally or grossly negligently.
Europebook hereby limits its liability for damages towards Users to the extent permitted by applicable Swedish legislation.
In case of errors in the Service, the User has the right to complain about the Service according to law. Users are obliged to report errors to Europebook no later than two (2) months from when the Service has been suspended or terminated. If a User does not do this, the User loses the right to complain.
The pricing of the Services reflects the allocation, which is an essential part of the basis of the commercial contractual relationship between the Parties. There are some jurisdictions which do not allow for some of the implied limitations or exclusions of implied warranties, and in such cases, the liability will be limited to the greatest extent permitted by applicable law.
Complete regulation: This Agreement the Parties entire agreement regarding the subject matter hereof and replaces all written and oral agreements, promises and commitments that preceded the same. All terms and/or conditions that the User provides in any purchase order or other documentation shall be void.
Survival of provisions: Provisions in the Agreement regarding, among other things, intellectual property rights, governing law, confidentiality, and dispute resolution, as well as any other provisions that are expressly or by their nature intended to apply even after the expiration or termination of the Agreement, shall continue to apply even after the expiration or termination of the Agreement.
Invalidity of provisions: If any provision in the Agreement should be found wholly or partially unenforceable or invalid by a court of competent jurisdiction, it shall not affect the validity and enforceability of the remaining provisions. The ineffective or void provision shall be modified by Europebook (with or without support by the court) to best reflect the purpose of original provision to the fullest extent permitted by law.
Assignment: Europebook has the right to, in whole or in part, transfer and/or assign the Agreement, its rights and/or obligations under the Agreement to any other natural or legal person without notice to the User and without the User’s consent. The corresponding right does not accrue to the User.
Europebook has the right to, at any time and in its sole discretion:
offer additional services, new services, change the range of its Services and to cease the provision of its Services;
change the Services, including the Application’s interaction design, layout, content, and functions.
Europebook reserves the right to discontinue or modify any functionality or feature of the Services at any time, with or without prior notice.
Europebook has the right to, at any time, change or add to the applicable Europebook Terms and Conditions, and in such cases, the new Europebook Terms and Conditions will supersede prior versions. Europebook can, for example, implement amendments:
to clarify the content of the terms;
when offering new services, functions, or additional services;
if it is required due to a change in the law, authority decision, regulations;
if the changes are intended to protect the Parties, the Application; or
if it is required for technical, operational or security reasons.
The following amendments will be effective immediately:
Amendments that are made because of new functions added to the Service,
Amendments made for administrative, technical, operational or security reasons, provided that the amendments do not impose any additional obligations or burdens on the User.
The following amendments will become effective after Europebook has given the User at least thirty (30) days prior notice:
any material amendments that adversely and materially affects the User’s rights under the Europebook Terms and Conditions or impose any additional obligations or burdens on the User.
Notifications of such amendments can be made through the Application, email or in another appropriate way determined solely by Europebook. The User’s continued use of the Services after the effective date, constitutes the User’s agreement to the amendments. If the User does not approve the amended Europebook Terms, the User has the right to terminate its Account.
The User is responsible for keeping up to date with the applicable impose any additional obligations or burdens on the User.
Europebook Terms and Conditions and any dispute, controversy or claim arising out of or in connection with the Agreement entered between the Parties or its subject matter or formation, or the breach, termination, or invalidity thereof, shall be governed by and construed in accordance with the law of Sweden.
Disputes that arise between a Private User, in its capacity of a consumer, and Europebook shall in the first instance try to be resolved between the Parties.
Consumers always have the right to contact the National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN, www.arn.se, postal address: Allmänna Reklamationsnämnden Box 174, 101 23 Stockholm), which offers an alternative dispute resolution for consumer disputes.
In addition, consumers can submit complaints online through the European Commission’s Digital Dispute Resolution Application (EU ODR) via the following link: ec.europa.eu/consumers/odr. Consumers also have the right to contact the Consumer Ombudsman (ko.se).
If Europebook and the consumer in question do not arrive at a solution to the dispute through any alternative dispute resolution method, the dispute may be tried and finally decided by a general court in Sweden, unless otherwise follows from mandatory legislation.
Disputes that arise between a Business User and Europebook shall in the first instance try to be resolved between the Parties. The Business User and Europebook hereby irrevocably agrees that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims), arising out of or in connection with Europebook Terms and Conditions, an Agreement entered between the Parties or its subject matter or formation.
Disputes that arise between Users, or between a User and a Third party, shall be resolved between the disputing parties.
Company: Europebook AB
Company reg. no.: 559289-7754
Email address: europebookab@gmail.com
Postal address: Ljungbyvägen 85, 302 56 Halmstad, Sweden.