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Sebuda Terms of Services{ToS}

Table of Contents

Overview

The Sebuda Terms of Service (“Terms”) govern your access to and use of the Sebuda website, platform, software, interfaces, communication systems, tools, features, and other services made available under the Sebuda name (collectively, the “Platform”).

By creating an Account, accessing the Platform, or using any Sebuda feature or service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to the Sebuda Terms of Service, you must not access or use the Platform.

Certain Platform features or services may be governed by additional rules, policies, notices, instructions, or specific terms made available separately by Sebuda.

Where additional terms apply to a particular feature or service, those terms supplement these Terms with respect to that specific feature or service.

The Sebuda Terms of Service establish the general rules governing access to and use of the Platform. Separate Sebuda policies may apply to particular services, features, or activities where expressly stated.

Depending on the service used, Users should also review Sebuda’s Rules for Buyers, Rules for Sellers, Privacy Policy, and other applicable Platform policies.

Nothing in these Terms excludes, restricts, limits, or waives any statutory or other legal right that cannot lawfully be excluded, restricted, limited, or waived under Applicable Law.

 

Table of Contents

  1. Definitions
  2. Acceptance of the Sebuda Terms of Service
  3. Eligibility and Legal Capacity
  4. User Accounts
  5. Account Information
  6. Account Security
  7. Permitted Use Under the Sebuda Terms of Service
  8. Prohibited Conduct Under the Sebuda Terms of Service
  9. User-Submitted Content and Information
  10. Content Standards
  11. Platform Communications
  12. Verification Requirements
  13. Legal and Regulatory Compliance
  14. Fraud Prevention and Platform Security
  15. Fees and Charges
  16. Third-Party Services and Links
  17. Platform Availability
  18. Maintenance and Technical Changes
  19. Changes to Platform Features
  20. Suspension Under the Sebuda Terms of Service
  21. Account Termination Under the Sebuda Terms of Service
  22. Intellectual Property Rights
  23. Sebuda Trademarks and Brand Assets
  24. User Content License
  25. Privacy and Personal Data
  26. Cookies and Similar Technologies
  27. Electronic Communications
  28. Platform Records
  29. Disclaimers in the Sebuda Terms of Service
  30. Liability Under the Sebuda Terms of Service
  31. Indemnification
  32. User Complaints and Internal Review
  33. Cooperation with Authorities
  34. Force Majeure
  35. Governing Law for the Sebuda Terms of Service
  36. Consumer Rights Under the Sebuda Terms of Service
  37. Severability
  38. No Waiver
  39. Assignment
  40. Notices
  41. Changes to the Sebuda Terms of Service
  42. Entire Agreement
  43. Survival
  44. Interpretation
  45. Contact Information

 

1. Definitions

For the purposes of these Sebuda Terms of Service:

Sebuda, we, us, or our means the entity responsible for operating the Sebuda Platform.

User, you, or your means any individual, organization, business, or legal entity accessing or using the Platform.

Platform means the Sebuda website and any related software, interfaces, communication systems, applications, tools, features, functionality, or services operated under the Sebuda name.

Account means a User account registered with Sebuda for the purpose of accessing or using Platform functionality.

Content means text, images, videos, files, messages, comments, descriptions, documents, data, information, graphics, media, or other material displayed, uploaded, transmitted, submitted, or otherwise made available through the Platform.

User Content means Content submitted, uploaded, transmitted, or otherwise provided to the Platform by a User.

Third-Party Service means a website, application, payment provider, hosting provider, communication provider, identity-verification provider, analytics provider, technology provider, infrastructure provider, or other service operated independently from Sebuda.

Applicable Law means all laws, regulations, regulatory requirements, governmental orders, court orders, legally binding obligations, and mandatory legal requirements applicable to Sebuda or the relevant User.

Consumer means a natural person acting for purposes primarily outside their trade, business, craft, or profession where recognized as such under Applicable Law.

Business Day means a day on which Sebuda’s relevant business operations are ordinarily conducted, excluding applicable public holidays.

 

2. Acceptance of the Sebuda Terms of Service

By accessing or using the Platform, you represent that you understand and agree to the Sebuda Terms of Service.

Acceptance may occur through:

  • creation of an Account;
  • clicking an acceptance button or checkbox;
  • use of a Platform feature;
  • continued access to the Platform after being presented with these Terms; or
  • another method legally sufficient to establish agreement.

Where Applicable Law requires specific consent, acknowledgment, or another formal acceptance mechanism, Sebuda may request such confirmation separately.

If you use Sebuda on behalf of a business, organization, partnership, company, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not possess such authority, you must not use the Platform on behalf of that entity.

 

3. Eligibility and Legal Capacity

You may use the Platform only if you possess the legal capacity required to enter into a binding agreement under Applicable Law.

By using Sebuda, you represent that:

  • you are legally capable of agreeing to these Terms;
  • you are legally permitted to use the Platform;
  • your access to or use of Sebuda is not prohibited by Applicable Law;
  • you are not using another person’s identity without authorization; and
  • where you act for another organization or legal entity, you possess sufficient authority to do so.

Sebuda may establish minimum age requirements in accordance with Applicable Law.

Where a User does not satisfy the applicable eligibility requirements, Sebuda may refuse, restrict, suspend, or terminate Platform access.

 

4. User Accounts

Certain Platform features may require creation of a Sebuda Account.

Users must register Accounts using accurate, authentic, and reasonably complete information.

Unless expressly authorized by Sebuda, Users must not:

  • create an Account using a false or fictitious identity;
  • impersonate another person or organization;
  • create an Account on behalf of another person without appropriate authority;
  • conceal material information requested during registration;
  • create Accounts for fraudulent, unlawful, abusive, or deceptive purposes;
  • create additional Accounts for the purpose of avoiding restrictions, suspensions, verification requirements, or enforcement measures;
  • transfer or provide control of an Account in violation of these Terms; or
  • intentionally assist another person in circumventing Account restrictions.

Sebuda may impose reasonable limitations concerning the creation, operation, or number of Accounts where necessary to prevent fraud, abuse, security risks, or circumvention of Platform controls.

 

5. Account Information

Users are responsible for ensuring that information provided to Sebuda is:

  • accurate;
  • authentic;
  • reasonably complete;
  • not materially misleading; and
  • kept reasonably current where appropriate.

Where material Account information changes, Users should update it within a reasonable period where the Platform permits such updating.

Sebuda may reasonably rely on Account information when:

  • administering Platform access;
  • communicating with Users;
  • performing security checks;
  • conducting identity or compliance reviews;
  • preventing fraud;
  • investigating suspicious activity;
  • enforcing these Terms; or
  • complying with Applicable Law.

Providing materially false, forged, altered, deceptive, manipulated, or unlawfully obtained information may result in restriction, suspension, or termination of Platform access.

 

6. Account Security

Under the Sebuda Terms of Service, Users are responsible for taking reasonable steps to protect the security of their Sebuda Account.

Users should:

  • use a strong and unique password;
  • keep login credentials confidential;
  • protect access to any registered email address;
  • use available authentication measures where appropriate;
  • protect devices used to access Sebuda;
  • review unusual Account activity;
  • log out from devices that are no longer trusted; and
  • promptly notify Sebuda if unauthorized access or compromise is suspected.

Users must not knowingly disclose passwords, authentication codes, recovery information, or other Account security information to unauthorized persons.

Sebuda will not normally request a User’s password through unofficial communication channels.

Where Sebuda reasonably identifies a potential security risk, it may:

  • temporarily restrict access;
  • require password changes;
  • invalidate sessions;
  • require additional authentication;
  • request identity verification; or
  • apply other proportionate security measures.

 

7. Permitted Use Under the Sebuda Terms of Service

Under the Sebuda Terms of Service, the Platform may be used only for lawful purposes and in accordance with these Terms and other applicable Platform policies.

Users must use the Platform honestly, reasonably, responsibly, and in Good Faith.

Users remain responsible for ensuring that their use of Sebuda complies with laws and regulations applicable to them.

Access to the Platform does not grant any ownership right in Sebuda’s:

  • software;
  • databases;
  • technology;
  • systems;
  • interfaces;
  • branding;
  • designs;
  • proprietary information; or
  • other intellectual property.

 

8. Prohibited Conduct Under the Sebuda Terms of Service

The Sebuda Terms of Service prohibit Users from using Sebuda for unlawful, fraudulent, deceptive, abusive, harmful, unauthorized, or malicious activity.

Prohibited conduct includes, without limitation:

  • fraud or attempted fraud;
  • identity theft;
  • impersonation;
  • phishing;
  • hacking;
  • malware distribution;
  • ransomware distribution;
  • credential theft;
  • unauthorized access;
  • social engineering intended to obtain confidential information;
  • money laundering;
  • terrorist financing;
  • sanctions evasion;
  • financial crime;
  • use of stolen or unauthorized payment credentials;
  • falsification of documents;
  • manipulation or fabrication of evidence;
  • submission of forged documentation;
  • intentional material misrepresentation;
  • harassment;
  • unlawful threats;
  • intimidation;
  • coercion;
  • discriminatory abuse;
  • unlawful hate speech;
  • malicious spam;
  • exploitation of another User;
  • unauthorized collection of personal information;
  • interference with Platform security;
  • circumvention of technical restrictions;
  • unauthorized access to Sebuda systems;
  • automated scraping without authorization;
  • introduction of malicious code;
  • denial-of-service activity;
  • intentional disruption of Platform availability;
  • manipulation of Platform functionality;
  • abuse of reporting, complaint, verification, or review procedures;
  • attempts to evade enforcement measures; or
  • assisting another person in carrying out prohibited conduct.

Sebuda may investigate conduct reasonably suspected of violating these Terms.

 

9. User-Submitted Content and Information

Users may be permitted to submit Content through Platform features.

Users remain responsible for User Content they submit.

By submitting User Content, the User represents, to the best of their knowledge after exercising reasonable care, that:

  • they possess the rights or authorization necessary to submit it;
  • the Content is not intentionally false or materially deceptive;
  • submission does not knowingly violate Applicable Law;
  • submission does not knowingly infringe another person’s rights;
  • the Content does not contain malicious software;
  • the Content is not submitted for fraudulent purposes; and
  • the User has not knowingly manipulated the Content to mislead Sebuda or another User.

Users retain any ownership rights they otherwise possess in their User Content.

 

10. Content Standards

User Content must not:

  • violate Applicable Law;
  • unlawfully infringe copyright, trademark, privacy, publicity, database, trade-secret, or other protected rights;
  • contain malware or malicious code;
  • facilitate fraud;
  • impersonate another person;
  • intentionally deceive Users;
  • unlawfully disclose private or confidential information;
  • contain unlawful threats;
  • facilitate illegal activity;
  • contain unlawful discriminatory material;
  • facilitate phishing or identity theft; or
  • materially interfere with the secure operation of the Platform.

Sebuda may review, restrict, disable, or remove Content where reasonably necessary and permitted by Applicable Law.

Where legally required, Sebuda may provide information concerning the reason for a Content restriction or removal and any available review mechanism.

 

11. Platform Communications

Users must use Sebuda communication features responsibly and in Good Faith.

Users must not use Platform communications to:

  • harass another User;
  • threaten or intimidate another person;
  • distribute spam;
  • distribute malware;
  • impersonate Sebuda personnel;
  • request unauthorized confidential information;
  • provide intentionally false or materially misleading information;
  • manipulate another User through deception;
  • distribute unlawful Content; or
  • otherwise abuse Platform communication features.

Sebuda may review communications where reasonably necessary and legally permitted for:

  • security;
  • fraud prevention;
  • abuse prevention;
  • legal compliance;
  • investigation of complaints;
  • enforcement of these Terms;
  • protection of Users; or
  • protection of the Platform.

Such ability does not impose an obligation on Sebuda to actively monitor every communication.

 

12. Verification Requirements

Sebuda may request information or documentation reasonably necessary to verify:

  • identity;
  • Account ownership;
  • legal capacity;
  • organizational authority;
  • business information;
  • security information;
  • Account activity; or
  • other matters relevant to legitimate Platform administration.

Verification may be required where reasonably necessary for:

  • security;
  • fraud prevention;
  • regulatory compliance;
  • protection of Users;
  • investigation of suspicious activity; or
  • compliance with a lawful authority request.

Requested documentation may include, where appropriate and legally permitted:

  • identity documentation;
  • contact information;
  • proof of address;
  • organizational records;
  • company-registration records;
  • documentation confirming authority to act for an organization; or
  • other reasonably necessary information.

Sebuda’s completion of a verification process does not constitute a continuing guarantee, certification, endorsement, or warranty regarding a User.

Failure to provide information reasonably required for a legitimate verification purpose may result in restriction or suspension of affected Platform functionality.

 

13. Legal and Regulatory Compliance

Users must comply with Applicable Law when accessing or using Sebuda.

Users must not use the Platform where such use would knowingly:

  • violate sanctions;
  • circumvent an asset freeze;
  • violate anti-money-laundering requirements;
  • facilitate terrorist financing;
  • violate export-control requirements;
  • violate financial-crime laws;
  • violate applicable data-protection requirements;
  • violate court orders; or
  • cause Sebuda to breach a legally binding obligation.

Sebuda may refuse or restrict access where necessary to comply with Applicable Law, a competent authority, regulatory requirement, or binding legal obligation.

Sebuda may request information reasonably necessary to determine whether access may lawfully continue.

 

14. Fraud Prevention and Platform Security

The Sebuda Terms of Service allow Sebuda to use reasonable security and fraud-prevention measures where necessary to protect Users, Accounts, and the Platform.

Sebuda may use reasonable technical, manual, or automated measures to detect, investigate, and prevent:

  • fraud;
  • unauthorized access;
  • identity misuse;
  • malicious activity;
  • security incidents;
  • circumvention of Platform controls;
  • manipulation of Platform systems;
  • violations of these Terms; and
  • conduct creating material legal, operational, or security risk.

Measures may include, where permitted by Applicable Law:

  • security monitoring;
  • authentication checks;
  • risk analysis;
  • technical logs;
  • device information;
  • IP information;
  • Account activity records;
  • automated risk indicators;
  • human review; and
  • other proportionate security methods.

Sebuda may temporarily restrict functionality while a legitimate fraud or security review is ongoing.

 

15. Fees and Charges

Certain Sebuda services or Platform features may be subject to fees.

Where a fee applies, Sebuda will make relevant pricing or fee information available through the Platform or an applicable Fee Schedule before the fee becomes applicable where required by Applicable Law.

Users are responsible for reviewing applicable pricing information before choosing to use a paid service or feature.

Sebuda may modify fees prospectively.

Unless expressly permitted by Applicable Law or separately agreed, fee changes will not operate retroactively.

Third-party fees independently imposed by:

  • banks;
  • payment providers;
  • telecommunications providers;
  • internet service providers;
  • currency-conversion providers; or
  • other independent service providers

remain subject to those providers’ terms.

 

16. Third-Party Services and Links

Sebuda may contain links, references, embedded services, technical integrations, or functionality provided by independent Third-Party Services.

Third-Party Services are independently operated.

Sebuda does not control their:

  • availability;
  • security;
  • policies;
  • privacy practices;
  • content;
  • functionality;
  • decisions; or
  • continued operation.

Users are responsible for reviewing the terms and policies applicable to independent Third-Party Services.

A reference, link, or technical integration does not by itself constitute an endorsement, guarantee, partnership, agency relationship, or approval by Sebuda.

 

17. Platform Availability

Sebuda aims to maintain reliable access to the Platform but does not guarantee uninterrupted, continuous, or error-free availability.

Temporary disruption may occur because of:

  • maintenance;
  • software updates;
  • infrastructure failures;
  • hosting failures;
  • telecommunications interruptions;
  • internet outages;
  • cybersecurity incidents;
  • technical errors;
  • high demand;
  • emergency security measures;
  • third-party service failures; or
  • circumstances outside Sebuda’s reasonable control.

Sebuda may temporarily suspend or restrict functionality where reasonably necessary to maintain Platform security, integrity, reliability, or legal compliance.

 

18. Maintenance and Technical Changes

Sebuda may perform scheduled or emergency maintenance.

Maintenance may result in temporary interruption, reduced performance, or limited functionality.

Where reasonably practicable, Sebuda may provide advance notice of significant scheduled maintenance.

Advance notice may not be possible for:

  • urgent security maintenance;
  • critical software patches;
  • emergency infrastructure work;
  • active cybersecurity threats; or
  • other circumstances requiring immediate technical action.

 

19. Changes to Platform Features

Sebuda may develop, modify, replace, restrict, suspend, improve, or discontinue Platform features.

Such changes may occur because of:

  • technical development;
  • security requirements;
  • user-safety considerations;
  • regulatory obligations;
  • legal requirements;
  • fraud prevention;
  • operational requirements;
  • infrastructure changes;
  • product improvements; or
  • legitimate business considerations.

Where a material change significantly affects Users and advance notice is legally required, Sebuda will provide appropriate notice.

 

20. Suspension Under the Sebuda Terms of Service

Under the Sebuda Terms of Service, Sebuda may temporarily restrict or suspend access to some or all Platform functionality where reasonably necessary because Sebuda reasonably believes that:

  • these Terms have been materially violated;
  • an Account may have been compromised;
  • fraudulent activity may have occurred;
  • materially false information has been provided;
  • Platform systems are being abused;
  • a User presents a material security risk;
  • another User faces a significant risk of harm;
  • a legitimate verification requirement has not been satisfied;
  • continued access may expose Sebuda to material legal or regulatory risk; or
  • restriction is required by Applicable Law or a competent authority.

Where reasonably practicable and legally permitted, Sebuda may provide:

  • notice of the restriction;
  • a general explanation of the reason; and
  • information concerning any available review process.

Sebuda may act immediately without prior notice where necessary to:

  • prevent fraud;
  • respond to an active security incident;
  • prevent imminent harm;
  • preserve evidence;
  • prevent unlawful activity;
  • protect Sebuda systems; or
  • comply with a binding legal obligation.

Any suspension should remain in place only for as long as reasonably necessary in light of the underlying circumstances, subject to continuing security, legal, regulatory, or investigative requirements.

 

21. Account Termination Under the Sebuda Terms of Service

The Sebuda Terms of Service allow Users to request closure of their Sebuda Account subject to reasonable identity, security, legal, or administrative verification.

Sebuda may terminate an Account where reasonably justified by:

  • serious or repeated violations of these Terms;
  • fraud or attempted fraud;
  • unlawful activity;
  • material misuse of the Platform;
  • impersonation;
  • significant security risk;
  • repeated attempts to circumvent restrictions;
  • materially false identity information;
  • abusive or malicious conduct;
  • binding legal requirements; or
  • another serious circumstance incompatible with continued lawful Platform access.

Where legally required, Sebuda will provide appropriate information regarding Account termination and available review rights.

Termination does not automatically affect rights, obligations, claims, liabilities, or legal duties that arose before termination and that are intended or legally required to survive.

 

22. Intellectual Property Rights

The Platform and its original components are owned by or licensed to Sebuda and may be protected by applicable intellectual-property laws.

Protected Sebuda materials may include:

  • software;
  • source code;
  • object code;
  • databases;
  • interface designs;
  • layouts;
  • graphics;
  • icons;
  • documentation;
  • original text;
  • technical systems;
  • proprietary processes;
  • algorithms;
  • trademarks;
  • logos;
  • brand elements; and
  • other proprietary materials.

Except where expressly permitted by Sebuda or Applicable Law, Users must not:

  • reproduce;
  • republish;
  • distribute;
  • modify;
  • reverse engineer;
  • commercially exploit;
  • sublicense;
  • copy; or
  • create unauthorized derivative works

from Sebuda proprietary materials.

Nothing in these Terms transfers ownership of Sebuda intellectual property to a User.

 

23. Sebuda Trademarks and Brand Assets

The Sebuda name, logos, trademarks, graphics, icons, brand identifiers, and related visual elements may constitute protected intellectual property.

Users must not use Sebuda branding in a manner that:

  • falsely suggests endorsement;
  • falsely suggests partnership or affiliation;
  • impersonates Sebuda;
  • creates material confusion regarding source or association;
  • misleads other persons; or
  • infringes Sebuda’s intellectual-property rights.

Authorized use of Sebuda branding remains subject to any applicable brand guidelines or separate written authorization.

 

24. User Content License

Users retain ownership rights they otherwise possess in User Content.

By submitting User Content to Sebuda, Users grant Sebuda a non-exclusive, worldwide, royalty-free license to:

  • host;
  • store;
  • technically reproduce;
  • process;
  • display;
  • transmit;
  • format; and
  • technically adapt

such User Content only to the extent reasonably necessary to:

  • operate the Platform;
  • provide the relevant feature;
  • secure Platform systems;
  • investigate misuse;
  • comply with Applicable Law;
  • administer User requests; or
  • improve Platform functionality.

This license does not transfer ownership of User Content to Sebuda.

Where User Content is removed or an Account is closed, Sebuda may retain copies where reasonably necessary for:

  • security;
  • fraud prevention;
  • legal claims;
  • regulatory compliance;
  • recordkeeping; or
  • other purposes permitted by Applicable Law and Sebuda’s Privacy Policy.

 

25. Privacy and Personal Data

Sebuda processes personal data in accordance with its Privacy Policy and Applicable Law.

The Privacy Policy should be reviewed separately from these Terms.

It may explain matters including:

  • categories of personal data collected;
  • purposes of processing;
  • lawful bases for processing;
  • sharing of information;
  • data retention;
  • security measures;
  • international transfers;
  • data-subject rights; and
  • contact information concerning privacy matters.

These Terms do not replace Sebuda’s Privacy Policy.

 

26. Cookies and Similar Technologies

Sebuda may use cookies and similar technologies for purposes including:

  • essential Platform functionality;
  • authentication;
  • security;
  • fraud prevention;
  • storage of preferences;
  • analytics; and
  • other purposes described in Sebuda’s applicable privacy and cookie disclosures or consent interface.

Where consent is required by Applicable Law, Sebuda will seek such consent before using the relevant technology.

Users should review Sebuda’s applicable privacy and cookie information and available privacy settings for further information.

 

27. Electronic Communications

By using the Platform, Users acknowledge that Sebuda may provide communications electronically where legally permitted.

Electronic communications may include:

  • Account notifications;
  • security notices;
  • verification requests;
  • service announcements;
  • administrative messages;
  • policy notices;
  • legal notices;
  • support communications; and
  • other communications relating to Platform use.

Users are responsible for maintaining accurate contact information.

Where Applicable Law requires a particular form of notice or express consent, Sebuda will seek to comply with the applicable requirement.

 

28. Platform Records

Sebuda may maintain Platform records where reasonably necessary and permitted by Applicable Law.

Such records may include:

  • Account activity;
  • communications;
  • authentication events;
  • security logs;
  • timestamps;
  • technical events;
  • verification records;
  • support records;
  • moderation records; and
  • other Platform activity.

Platform records may be used for:

  • security;
  • fraud prevention;
  • administration;
  • internal review;
  • enforcement of these Terms;
  • legal claims;
  • regulatory compliance; or
  • protection of Users.

Retention of records shall be subject to Sebuda’s Privacy Policy and Applicable Law.

 

29. Disclaimers in the Sebuda Terms of Service

Under the Sebuda Terms of Service, the Platform is provided subject to Applicable Law.

Sebuda does not guarantee that the Platform will always be:

  • uninterrupted;
  • continuously available;
  • error-free;
  • free of every technical defect;
  • compatible with every device;
  • compatible with every browser;
  • immune from cybersecurity threats; or
  • unaffected by external service failures.

Sebuda may implement reasonable measures designed to maintain security and functionality, but no online service can eliminate all technical, operational, or cybersecurity risk.

General information made available through Sebuda should not automatically be treated as legal, financial, tax, investment, or other professional advice unless expressly identified as such.

Nothing in this Section excludes any warranty, duty, or obligation that cannot lawfully be excluded.

 

30. Liability Under the Sebuda Terms of Service

To the maximum extent permitted by Applicable Law, the Sebuda Terms of Service provide that Sebuda shall not be liable for losses caused exclusively by:

  • circumstances outside Sebuda’s reasonable control;
  • independent Third-Party Services;
  • internet or telecommunications failures;
  • unauthorized conduct by a User;
  • a User’s failure to maintain reasonable Account security;
  • malicious third-party activity that Sebuda could not reasonably have prevented;
  • use of the Platform in violation of these Terms;
  • information knowingly or negligently supplied incorrectly by a User; or
  • indirect or consequential losses to the extent such liability may legally be excluded.

Any limitation of liability shall be interpreted narrowly and only to the extent permitted by Applicable Law.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including, where applicable, liability arising from:

  • fraud or fraudulent misrepresentation by Sebuda;
  • wilful misconduct;
  • gross negligence where liability cannot lawfully be limited;
  • death or personal injury caused by negligence where applicable;
  • violation of mandatory statutory rights; or
  • another liability that cannot legally be excluded or restricted.

 

31. Indemnification

To the extent permitted by Applicable Law, a User may be responsible for reasonable losses, liabilities, damages, claims, or costs directly arising from the User’s:

  • unlawful use of the Platform;
  • fraudulent conduct;
  • deliberate violation of another person’s rights;
  • intentional misuse of Sebuda systems;
  • material violation of these Terms;
  • submission of unlawful Content; or
  • conduct causing Sebuda to become subject to a third-party claim through the User’s wrongful conduct.

Any indemnification obligation shall apply only to the extent legally enforceable and proportionate to the relevant conduct.

Nothing in this Section limits mandatory rights available to Consumers.

 

32. User Complaints and Internal Review

Users may contact Sebuda regarding matters including:

  • Account restrictions;
  • Account security;
  • Content moderation;
  • Platform access;
  • suspected unauthorized activity;
  • enforcement decisions;
  • verification matters; or
  • other concerns concerning use of the Platform.

Sebuda may request information reasonably necessary to investigate the matter.

Users must provide truthful and reasonably complete information during an internal review.

Where required by Applicable Law or otherwise made available by Sebuda, a User may be permitted to request review of an eligible Platform decision.

Sebuda will consider relevant information reasonably, proportionately, and in Good Faith.

An internal review decision does not prevent a User from exercising any statutory or other legal remedy that cannot lawfully be excluded.

 

33. Cooperation with Authorities

Sebuda may cooperate with competent courts, regulators, law-enforcement agencies, governmental authorities, and other authorized bodies where required or permitted by Applicable Law.

Where legally permitted and reasonably necessary, Sebuda may:

  • preserve relevant records;
  • respond to valid legal requests;
  • provide legally required information;
  • comply with court orders;
  • comply with regulatory orders;
  • restrict access pursuant to lawful requirements; or
  • take reasonable steps necessary to comply with a binding legal obligation.

Nothing in this Section authorizes Sebuda to disclose personal information in violation of Applicable Law.

 

34. Force Majeure

To the extent permitted by Applicable Law, Sebuda shall not be responsible for failure or delay caused by circumstances beyond its reasonable control.

Such circumstances may include:

  • natural disasters;
  • fire;
  • floods;
  • earthquakes;
  • severe weather;
  • war;
  • terrorism;
  • civil unrest;
  • governmental action;
  • sanctions;
  • widespread internet disruption;
  • telecommunications failure;
  • power outages;
  • major infrastructure failures;
  • cybersecurity attacks;
  • denial-of-service attacks;
  • essential third-party infrastructure failures;
  • labour disruptions;
  • epidemics or pandemics;
  • regulatory intervention; or
  • other circumstances that could not reasonably have been prevented or overcome.

Sebuda will use reasonable efforts to restore affected Platform functionality where reasonably practicable.

 

35. Governing Law for the Sebuda Terms of Service

The Sebuda Terms of Service shall be governed by the laws of the Netherlands, without prejudice to mandatory legal protections that may apply under another jurisdiction.

Subject to mandatory Applicable Law, disputes concerning these Terms or use of the Platform shall be submitted to the competent courts of the Netherlands.

Where a Consumer has a mandatory legal right to commence proceedings before another competent court, nothing in this Section removes or restricts that right.

 

36. Consumer Rights Under the Sebuda Terms of Service

Nothing in the Sebuda Terms of Service is intended to exclude, restrict, waive, or reduce any mandatory statutory right available to a Consumer under Applicable Law.

Where a provision of these Terms conflicts with a mandatory consumer-protection requirement, the mandatory rule shall prevail to the extent of the conflict.

Any remaining provisions shall continue in effect where legally possible.

Sebuda shall not rely on a contractual provision where doing so would be prohibited under mandatory consumer-protection law.

For general information regarding consumer rights under European Union law, Users may also consult the European Commission’s official guidance on the Consumer Rights Directive.

 

37. Severability

If any provision of these Terms is determined by a competent court or authority to be invalid, unlawful, or unenforceable, that provision shall, where legally possible, be interpreted or limited to the minimum extent necessary to make it enforceable.

Where such interpretation is not legally possible, the affected provision shall be severed.

The validity and enforceability of the remaining provisions shall not be affected.

 

38. No Waiver

Failure or delay by Sebuda in exercising a right under these Terms does not automatically constitute a waiver of that right.

A waiver relating to one circumstance does not constitute:

  • a continuing waiver;
  • a waiver of another provision; or
  • a waiver relating to another circumstance,

unless expressly stated.

 

39. Assignment

Users may not assign or transfer their rights or obligations under these Terms without Sebuda’s prior authorization where such restriction is legally permitted.

Sebuda may assign or transfer rights or obligations arising under these Terms in connection with a legitimate:

  • corporate restructuring;
  • merger;
  • acquisition;
  • reorganization;
  • transfer of business operations;
  • transfer to an affiliated entity; or
  • similar organizational event,

subject to Applicable Law and any legally required notice or User rights.

 

40. Notices

Sebuda may provide notices through:

  • the Platform;
  • Account notifications;
  • a registered email address;
  • officially published contact channels; or
  • another legally permitted communication method.

Users are responsible for maintaining reasonably current contact information.

Notices required by Applicable Law will be provided using the form and method required by that law.

 

41. Changes to the Sebuda Terms of Service

Sebuda may update the Sebuda Terms of Service where reasonably necessary because of:

  • changes in Applicable Law;
  • regulatory requirements;
  • security requirements;
  • Platform developments;
  • technical changes;
  • operational changes;
  • clarification of existing provisions; or
  • other legitimate reasons.

Updated Terms will display a revised effective date.

Where a change materially affects Users and advance notice is required by Applicable Law, Sebuda will provide appropriate notice before the change becomes effective.

Where legally required, Sebuda may request renewed acceptance of revised Terms.

Changes shall not operate retroactively where retroactive application is prohibited by Applicable Law.

 

42. Entire Agreement

The Sebuda Terms of Service, together with any additional terms, policies, or notices expressly made applicable to the relevant Sebuda feature or service, constitute the agreement governing the User’s use of the Platform.

Separate policies may govern particular features or services.

Where specific additional terms expressly apply to a particular feature and conflict with these general Terms, those specific terms shall govern that particular feature to the extent legally permitted.

Nothing in this Section permits a separate policy to exclude mandatory rights that cannot legally be waived.

 

43. Survival

Any provision that by its nature is intended to continue after Account closure or termination of Platform access shall survive to the extent legally enforceable.

Such provisions may include those concerning:

  • intellectual property;
  • User Content;
  • liability;
  • indemnification;
  • records;
  • outstanding legal obligations;
  • governing law;
  • dispute-related rights; and
  • other obligations that reasonably require continued effect.

 

44. Interpretation

Section headings are included for convenience and do not independently determine the legal meaning of a provision.

Words such as “including,” “includes,” and “including without limitation” are illustrative and shall not be interpreted as exhaustive unless the context clearly requires otherwise.

Words in the singular may include the plural and vice versa where appropriate.

References to Applicable Law include amendments, replacements, and successor legislation where appropriate.

The Sebuda Terms of Service shall be interpreted reasonably, in Good Faith, and consistently with mandatory Applicable Law.

Nothing in these Terms grants Sebuda any right or authority that would otherwise be prohibited by law.

Where ambiguity cannot reasonably be resolved by the wording and context of these Terms, the provision shall be interpreted in accordance with Applicable Law.

 

45. Contact Information

Questions, complaints, security concerns, legal notices, or requests concerning the Sebuda Terms of Service may be submitted through Sebuda’s officially published contact methods.

Users should rely only on contact information made available through official Sebuda channels.

Communications received from unofficial email addresses, social-media profiles, messaging accounts, websites, or other sources should not automatically be assumed to originate from Sebuda.

 

Final Notice

By accessing or continuing to use the Sebuda Platform, you acknowledge that you have had a reasonable opportunity to review the Sebuda Terms of Service and agree to comply with the provisions applicable to your use of the Platform.

These Terms govern general access to and use of Sebuda.

Additional Sebuda policies may establish separate requirements for particular Platform features or services.

Where any provision of these Terms conflicts with a mandatory legal right that cannot lawfully be excluded, restricted, or waived, the applicable mandatory legal requirement shall prevail.

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