User Agreement

Last modified on 25 September 2017.
This User Agreement contains the terms and conditions for using our Marketplace and our Services.

In This User Agreement:

1. Overview

By accessing and / or using the Website, you agree to the following terms with Kleeia. We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online venue where Contractors buy and sell Provider Services and items. Contractors and Providers must register for an Account in order to buy or sell Provider Services and/or Items. The Website enables Users to work together online, to compete and pay for Projects, buy and sell items and to use the services that we provide.

2. Aim

Before using the Kleeia Marketplace, we recommend that you read the whole User Agreement, the Website policies and all linked information. You must read and accept all of the terms in, and linked to, this User Agreement, the Kleeia’s Privacy Policy and all Website policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the Kleeia Website, or when you use the tools we make available to interact with the Kleeia Website. Some Kleeia Websites may have additional or other terms that we provide to you when you use those services.

3. Eligibility

You will not use the Kleeia Website if you:

Users may provide a business name or a company name, which is to be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

4. Using Kleeia

While using the Kleeia Website, you will not:

5. Intellectual Property

Kleeia is a platform that makes Providers meet with Contractors but all contracts take place non-online. Due to this fact, we are not able to verify potential violations of any intellectual property out of our platform.  However we ensure a consistent control of user-side contents and if you believe that your Intellectual Property Rights have been violated, please notify us via our ticketing system and we will investigate.

6. Fees And Services

We apply fees on our services which we may change from time to time and will update you by listing and publishing on our Website. The only current fee applied is:

We may change the fees for our services from time to time and for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

7. Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a company incorporated in Estonia, all fees earned by us from Estonian Users will be subject to a 20% on all fees, which will be shown separately on all invoices. You must also comply with your obligations under income tax provisions in your jurisdiction.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Kleeia.

9. Promotion

We may display your company or business name, logo, images or other media, and public description of your projects and profile as part of the Kleeia Services and/or other marketing materials relating to the Kleeia Website, except where you have explicitly requested that we do not do this and we have agreed to such request.

10. Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You acknowledge and agree that:

  1. we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;
  2. we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and
  3. any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Estonia and the EU (European Union). If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Kleeia Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

11. Feedback, Reputation And Reviews

You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Kleeia feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Provider Services via the Website. You may not use your Provider or Contractor feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Kleeia or its related entities without our written permission.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, contest, item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Kleeia or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

13. Communication With Other Users

You must not post your email address or other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website, including by using the Project Public Discussion board, inbox private messaging or chat facilities including Video Chat. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo, or any other mobile messaging application (WhatsApp, Telegram, etc).

14. Right To Review

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.

15. Customer Identity

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Kleeia Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
If you are not Kleeia verified you may not be able to withdraw funds from your Kleeia account, and other restrictions may apply.

16. User Services

Upon the Contractor awarding a project to the Provider, and the Provider’s acceptance on the Website, or the purchase of an item by a Contractor from the Provider, the Contractor and Provider will be deemed to have entered into a User Contract under which the Contractor agrees to purchase, and the Provider agrees to deliver the Provider Services or Items. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Contractor or Provider, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Providers and Contractors may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.
Each User acknowledges and agrees that the relationship between Contractors and Providers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Kleeia and the User.

Each User acknowledges:

Kleeia may from time to time include a map feature and Kleeia may display the location of Users to persons browsing the Website on that map. Every Contractor seeking services for projects will be asked to provide the location where the project is to be performed or the goods are to be delivered. A User must never disclose, in any Project posted, personal details such as the User’s name, street number, phone number or the email address in any Project description for a project or in any other public communication on the Kleeia Website.
Once a Provider’s bid has been accepted by a Contractor seeking projects services or tasks then the Provider providing the service or task is obliged to complete the transaction, unless the service or task, goods or transaction is prohibited by law, by this Agreement or by any of our Policies.
When a Provider has provided the goods or services or completed the task requested by a Contractor seeking services for project, the User must log on to the Website and click the “Mark as completed” button for that project. Failure to complete the service or task will constitute a breach of this User Agreement.
Our fees are applied to the amount of the awarded Provider’s bid to perform the services or create the items for the project. Any items purchased by the Provider as part of performing the service are between the Contractor and Provider, and should be included in the Provider’s offer.

17. Funds

You may have funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Provider, you may have funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds will have been credited to your Account in relation to an affiliate program or a referral program. Funds in your Account are held by us in our operating accounts held with reputable financial institutions (Paypal or Stripe). Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User’s Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account has a negative amount of funds, we may:

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account. We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:

18. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a project using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account.

19. Refunds

Contractor may ask for a refund at any time for any funds paid into the Account except if the amount to refund relates to fees or charges payable to us.
If the amount the User has asked to refund relates to:

  1. a Milestone Payment, the Dispute Resolution Process may be followed; or
  2. our fees and charges, the process set out in the Clause “Disputes with Us” must be followed.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may, in our sole discretion, use an alternative payment method in exceptional circumstances.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if:

  1. we are required by law or consider that we are required by law to do so;
  2. we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
  3. we refund funds to the User in accordance with any refund policy specified by us from time to time;
  4. we find out that the original payment made by the User is fraudulent;
  5. the User made a duplicate payment in error; or
  6. we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our “Ask for refund” function or through our support center. If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.
There is no minimum amount for a refund.

20. Withdrawals

Your first withdrawal of funds earned will be delayed for up to fifteen days for security and fraud purposes.
Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies dictate that a delay is required.
We impose a minimum withdrawal amount for funds earned as following:

We may require you to be Kleeia Verified before you can withdraw funds from your Kleeia account, irrespective of whether or not a delay has been enforced.
You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on “Customer Identity” in this agreement.

21. Chargebacks

A chargeback (being a challenge to a payment that a Contractor files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.
You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Contractors through the Website.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).

22. Inactive Accounts

User Accounts that have not been logged into for a continuous period may incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the website and elsewhere  file storage, message transmission and message storage.
The length of the continuous period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.
We reserve the right to close an Inactive Account.
We reserve the right to close an account with nil or negative funds.

23. Right To Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. You acknowledge and agree that:

  1. the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain;
  2. if you breach this User Agreement, we may fine you up to EUR€3,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount;
  3. a fine of up to EUR€3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and
  4. we may release the entire (or part of the) amount of the fine from your Account to us.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

24. Escrows

Escrows are a safe method that allows users (Contractors and Providers) to exchange money after the completition of a Kleeia’s contract (project). Contractor and Providers irrevocably authorize and instruct Kleeia to transfer these amounts, in accordance with the law, Provider’s or Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.

Kleeia DOESN’T transfer amounts automatically. Contractors have always control of their money up to the “Release Funds” step. Once the Contractor authorises Kleeia to release funds to the Provider, the process is irreversible and the contract ends, activating the feedback granting process.

A quick overview: A Contractor assigns a project to a Provider, for the supply of the purposed services at the price offered (by the Provider). This price represents the amount that will be transferred, deposited and withdrawn (Escrow) from the Contractor’s account to the Provider’s account, awarding the work correctly executed.

The typical Kleeia’s Escrow Flow:

  1. Contractor selects an offer and assigns the project to a Provider;
  2. Contractor makes Escrow (a) and deposits the amount (corresponding to the Provider’s bid);
  3. Contractor and Provider start to work together;
  4. Provider marks the project as delivered;
  5. Contractor reviews the work done and marks the project as completed;
  6. Contractor releases funds (b);
  7. Contractor and Provider give a review to the work’s experience.

a) Make Escrow: with this action Contractor deposits an amount of money into Kleeia’s financial account which will be hold until the Release Funds request. The Contractor can open a dispute and request a refund, in case of inappropriate output.

b) Release Funds: with this action Contractor authorises Kleeia to send the deposited amout to the Provider. This process is irreversible. Note: Kleeia always suggests to review works and contracts before releasing funds.

25. Other Disputes With Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services / products provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us through our ticketing system (Support Center).
Kleeia will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Kleeia shall have the right to request the Provider and the Contractor to provide documentation in support of their claim or position in relation to the dispute. You agree that Kleeia has absolute discretion to accept or reject any document provided. You also acknowledge that Kleeia is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Kleeia and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby agree to indemnify Kleeia from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations and/or for Other Disputes.

26. Dispute Resolution Services Code Of Honor

According to The Kleeia’s Code of Honor it is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute.
A User found to be in breach of the Code of Honor during ANY Dispute Resolution Process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Honor may also incur further disciplinary action. For more information, read the Code of Honor.

27. Disputes With Us

If a dispute arises between you and Kleeia, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our ticketing system or emailing us at kleeia.com.
All claims against Kleeia must be resolved according to the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Kleeia may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Kleeia has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Kleeia will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Kleeia’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

28. Currencies

Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.

29. Competitions

We may run and promote competitions on the Website from time to time and such competitions will be subject to the terms and conditions as published by us on the Website.
Prizes awarded will be denominated in EUR unless stated otherwise. Competition winners will be determined by us in accordance with the applicable terms and conditions at our absolute discretion. All decisions made us in respect of competition are final and we will not enter into any correspondence in relation to the prize or the promotion.

30. Release

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

31. Access And Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Kleeia Website for any purpose without our express written permission.
Additionally, you agree that you will not:

32. Closing Your Account

You can close your Account at any time by sending a simple request through our ticketing system.
You can’t close your account if

33. Privacy

We use your information as described in the Kleeia privacy policy. If you object to your information being transferred or used in this way then you may not use our services.

34. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Kleeia Website and Kleeia Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

35. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Kleeia Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.

36. No Insurance Or Warranty

We do not offer any form of insurance, or other Contractor or Provider protection.

37. No Warranty As To Each User’s Purported Identity

Because User identification on the internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

38. No Warranty As To Content On The Website

The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

39. Limitation Of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Kleeia services again or the payment of the cost of having the Kleeia services supplied again.

40. Jurisdiction Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

41. Bar To Action

We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

42. No Class Actions

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

43. Notices

Legal notices must be served on Kleeia (in the case of Kleeia) or to the email address you provide to Kleeia during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Kleeia must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).

44. Law And Forum For Legal Disputes

This Agreement will be governed in all respects by the laws of Tallinn, Estonia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Kleeia irrevocably submit to the non-exclusive jurisdiction of the courts of Tallinn, Estonia.

45. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

46. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

47. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

48. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

49. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Kleeia website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Kleeia website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

50. General

Kleeia is a project of Emanuele De Boni and Agostino Bruzziches owned by Kleeia OU, Kai tn 1, kesklinna district, Tallinn city, Harju county, 10111.
This Agreement contains the entire understanding and agreement between you and Kleeia OU. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.

51. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our ticketing system or emailing us at info@kleeia.com.