Terms and conditions
4.Content of our Service
6.User’s and Company’s Content
7.User’s and Company’s liability (Code of conduct)
9.Privacy and data protection
1.1.We highly appreciate that you have decided to visit our Website. You can start using our Service right away but before you do so, we kindly ask you and recommend you to read through these Terms and Conditions of our Service (hereinafter referred to as “Terms”) which constitute a legally binding agreement between you and the provider of the service - Challengest s.r.o., private limited liability company with the identification number: 46 927 760, incorporated under the laws of the Slovak Republic, registered in the Commercial Register, Section Sro, Insert No. 86036/B, maintained by the District Court Bratislava I and having its registered office at: Röntgenova 8, Bratislava, Slovak Republic (hereinafter referred to as “We”, “Us”, „The Provider“).
1.2.Challengest is a web-based service available at http://www.challengest.com (hereinafter referred to as “the Website” or “Service”) designed for interactions between all proactive people, if the age range is not explicitly specified, (hereinafter referred to as “User”) who are solving challenges and companies (hereinafter referred to as “Company”) who are adding and evaluating challenges. If the article is not explicitly specifying the subject (Company or User), it refers to both (hereinafter referred to both as “You”). Companies can find best candidates through career offers or inspirational solutions arising from challenges solved by Users. Users can gain new experience and skills through solving challenges or find their future job.
1.3.Our Terms are provided solely in the English language. You must express your understanding of these Terms during registration process and before you start using our Service, so it is important that you know what you are adhering to. We tried our best to limit the use of legalese and make the Terms concise and easy to read. Should there be anything unclear in these Terms or in any information displayed on the Website, feel free to contact us.
1.4.By Your completed registration we mean, that You have freely entered your personal data and you agreed with our Terms of the intent and expectation of afterwards use of our Service (hereinafter referred to as “Registration”).
2.1.In order to start using our Service, Users have to complete the Registration and express their understanding and agreement to these Terms. In article no. 2 “You” refers to Users of our Service.
2.2.You are not allowed to use our Service if you are under 18 („eighteen“) years of age. This condition applies without prejudice to law applicable to you based on your nationality or habitual residence if it sets forth higher age of majority.
2.3.You will be asked to provide information about you during the registration process. Some information is compulsory for the effective use of our Service, the rest is completely up to your decision whether you want to share it or keep it to yourself.
2.4.Based on the information received from you we will create your account (consisting of your email address and password) and profile. Keep in mind that you are solely responsible for the safety of your login information. We recommend you to not provide it to any third person. After the successful completion of the Registration you can manage your profile settings within the Service.
2.5.Instead of Registration you may choose to login to the Service by using one of the websites/medias provided on the Website (Facebook, Gmail, …).
2.6.The mission of our Service is to bring together real people with existing companies, so we kindly ask you to provide only true information about yourself and keep them updated. We reserve the right to cancel any account if we find out that the information provided during the Registration or published in your profile is false, misleading or in any other way does not correspond to reality.
3.1.In order to start using our Service Companies have to complete the registration and express their understanding and agreement to these Terms. In article no. 3 “You” refers to Companies.
3.2.You, as a Company are not allowed to use our Service as Company, if you are not an entrepreneurial subject regulated by the Commercial Register, Trading Licencing Act or Civil Code. This condition applies without prejudice to law applicable to you based on your place of Head office.
3.3.Company will be asked to provide information about itself during the registration process. Some information is compulsory for the effective use of our Service, the rest is completely up to its decision whether Company wants to share it or not.
3.4.Based on the information received from Company we will create an account (consisting of email address and password) and a profile. Company is solely responsible for the safety of its login information. We are highly recommending to do not provide it to any third person. After the successful completion of the registration Company can manage its profile settings within the Service.
3.5.Instead of Registration you may choose to login to the Service by using one of the websites/medias provided on the Website (Facebook, Gmail, …).
3.6.The mission of our Service is to bring together real people with existing companies, so we kindly ask you to provide only true information about the Company and keep them updated. We reserve the right to cancel any account if we find out that the information provided during the registration or published in profile is false, misleading or in any other way does not correspond to reality.
CONTENT OF OUR SERVICE
4.1.The Service comprises various features and elements. For the purposes of these Terms, the term Content designates all the software, graphics, videos, images, sounds, trademarks, and names, Content of our messages and notices, and any other material made available through our Service (hereinafter referred to as “Content”). The Content is protected from unauthorized use by the laws of the Slovak Republic and the law applicable to particular Content with respect to the place of origin of its author.
4.2.We grant you a non-exclusive license to use the Content within the scope of the Service solely for your own personal and non-commercial purpose (hereinafter referred to as „the License“). You are not allowed to transfer this License to any third party. The license is not territorially limited but is subject to your compliance with these Terms and lasts only as long as you are a registered user of the Service. The License is provided free of charge.
4.3.All the features of the Service are displayed at the Website and you are allowed to use any available feature provided that you comply with these Terms. We provide various features within the Service but the “Challenges” are the backbone of the Service (explained in details in Article no. 5).
4.4.You have a limited right to create a hyperlink to our Website. This right last till the link does not present Challengest or any of it’s connected products and services in an offensive way. You may not use any Challengest logo or other proprietary graphic or trademark without express written permission.
4.5.Our Website contains links of third parties. Such links are provided for reference only and we don’t control such websites and we are not responsible for their Contents. Challengest's inclusion of links to such Websites does not imply any approval of the material on such Websites or any association with their owners and providers.
5.1.Our Challenge (hereinafter referred to as “Challenge”) is the objective/goal or set of objectives/goals presented on the Website and organized by our business partners, Companies.
5.2.Through our Website Companies may post challenges to gain new ideas, inspirations or use available data to find potential job candidates from Challengest Users. By using the Website you admit that you are aware of that Challengest does not control challenges in any manner, their nature, legality, timing, …
5.3.Each Challenge has its own terms and conditions, which are published on the Website. Terms, eligibility criteria, objectives and rewards of the Challenge shall stipulate, without limitation of the organizer of the Challenge. Unless otherwise specified in the terms of the Challenge, the organizer will be our business partner who will be responsible for the lawful operation of the Challenge.
5.4.If you meet the eligibility criteria of the Challenge you can choose to add (as Company) or apply (as User) and accomplish the objectives of the Challenge to get solutions (for Companies) or the rewards and/or prizes (for Users) (hereinafter referred to as “Reward”).
5.5.Each accomplished Challenge will be added to and displayed in your profile.
5.6.The final decision about winners, all criteria and conditions of Challenge are entirely within the discretion of the Company. For Rewards Challengest reserves the right to refuse payment and/or delivery at its own discretion.
5.7.Challengest is not responsible for payment of any Reward, or any part of it, to any party other than to the User, who submitted the solution of the Challenge, if it was not agreed before the start of the challenge.
5.8.With opening the Challenge Company agrees, that everything connected to financial or material Rewards (the amount or type, payment to winners, …), it it was not agreed before the opening of Challenge is in sole responsibility of the Company.
5.9.With acceptation of the Challenge User agrees that he understands that every financial Reward represents a complete payment, net of local taxes, that Challengest may be required to withhold and that you are not entitled to any other compensation of any kind. If local law does not require withholding of taxes, all taxes on Rewards shall be your sole responsibility.
USER’S AND COMPANY’S CONTENT
6.1.Our Service would not be half as good if there was no content from our users and companies, so we invite you to add and share your own content (hereinafter referred to as “User Content” or “Company Content”). It can be anything from profile information, uploaded solutions of challenges, to recommendations of the books worth reading. Just keep in mind that any content you add or share within our Service must comply with these Terms, the laws of the Slovak Republic and the laws applicable to you, as User or as Company, based on nationality, origin or current location.
6.2.You are fully responsible for the Content you share, add or upload on Challengest in your profile or through the submission of your solutions. Challengest acts as a platform for managing of any kind of that information.
6.3.Challengest reserves the right to take any action with respect to such information that it considers appropriate or inappropriate in its sole discretion.
6.4.Your content may be accessible to other users of our Service based on your profile settings.
6.6.You agree to grant us, by submitting a solution, the intellectual property rights contained within your solutions of challenges. There is also no difference if the solution won the challenge or not. All submitted solutions may be used by the Company of Challengest as they see fit.
6.7.You agree that you wont discuss or release any Confidential Information which belongs to you, companies or other parties, related to anything of Challengest.
USER’S AND COMPANY’S LIABILITY (Code of conduct)
7.1.You are solely responsible for your actions and content within the Service. We are not obligated to pre-screen or monitor your Content or any of its part you add, upload or share within our Service.
7.2.We believe that there is no reason to tell you (as User or as Company) how to behave. Nonetheless we have decided to write down some examples of actions, which are strictly forbidden within our Service. This way it should be easily predictable what will not be tolerated and may result in termination of your access to our Service.
7.3.You undertake that your Content, conduct and use of our Service shall comply with law applicable to you based on you nationality or current location, also shall not breach the laws of the Slovak Republic and shall comply with these Terms. Should you violate any of the provisions set forth below we are entitled to terminate your rights to use the Service without any compensation. You acknowledge that it is not a purpose of these Terms to stipulate the exhaustive list of restrictions and it is in our sole discretion to determine which content or conduct is in conflict with the idea of our Service and therefore not acceptable.
7.4.You are solely responsible for your conduct and it shall not:
- mock, disparage, threaten, defame, libel, harass, intimidate or abuse anyone;
- promote or support illegal activity;
- promote gambling, pyramid scheme or other multi-tiered marketing scheme;
- add or share indecent, obscene, pornographic, sexual, profane or other objectionable content;
- publish offensive comments referring to, without limitation, race, ethnicity, national origin, gender, disability or sexual orientation;
- disclose any personal information about others without their consent;
- violate rights of any third party, including but not limited to intellectual property rights;
- copy or use the content of the Service in contradiction to these Terms.
7.5.You agree that you will not post, e-mail or make available any content or use our Service:
- in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to our Service without authorization;
- to interfere or attempt to interfere with the proper working of our Service or prevent others from using our Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to our Service, or that otherwise negatively affects other persons' ability to use our Service;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy our Service or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our Service or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
7.6.You agree not to:
- "stalk" or otherwise harass anyone;
- collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of our Service or to proxy authentication credentials for any user of our Service for the purposes of automating logins to our Service;
- post any content containing child pornography to our Service;
- post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- post any content that constitutes pornography, contains nudity, or is adult in nature.
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Service - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the infrastructure of our Service;
- attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our Service;
- use our Service as a generic file hosting service;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of our Service or for using it for purposes unrelated to our Service); and
- develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of our Service.
7.7.You agree not to authorize or encourage any third party to use our Service to facilitate any of the foregoing prohibited conduct stipulated in the articles 7.3 - 7.6. You also agree that these Terms inure to the benefit of our service providers (including our Service platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Terms. Technology and hosting for certain aspects of our Service are provided by our Service's online service provider. However, we are entitled to control the content, membership and policy of the Service, including those pages served by such service provider on behalf of our Service. Notwithstanding anything to the contrary, by participating in our Service you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using our Service.
7.8.Without prejudice to any other right or remedy we reserve the right to suspend or terminate your access to the Service without any compensation if you fail to comply with these Terms. However we will try to resolve any issue amicably so we may firstly notify you by email and provide you with certain period of time so you can comply with these Terms.
7.9.You bear your own costs and expenses incurred regarding the use of our Service, i.e. the cost of use of the means of distance communication.
7.10.If you have any kind of dispute or conflict with another User of our Service or Comapany, you hereby release Challengest from all claims of any kind arising out of such dispute.
7.11.As User you my be asked from Challengest’s or Company’s sides to provide a proof of legal guarantees and make representations in relation to a solution that you submitted.
7.12.At the request of Challengest you agree as Company or as User, that you are responsible for defense from third parties claims arising out of information you provide to Challengest or another users of Service for publication. Hereby you also agree that you won't infringe the promise for defending them.
7.13.As Company or as User you shall defend, indemnify, and hold harmless Challengest, Companies and their partners or affiliates and Users from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these terms and conditions, any of Your Content that is uploaded, posted or otherwise transmitted to the Site using your account, or your other access, contribution to, use or misuse of the Site or any of our services. We shall provide notice to you of any such claim or suit or other demand. We reserve the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
8.1.We strive to provide our Service at the top quality, but we are not liable for any occasional non-operability or impaired accessibility of our Service. The reason is that we partly depend on the services of the third parties and we cannot foresee all the possible technical difficulties.
8.2.We advise you to back up your content regularly in order to prevent any loss or damage to your data. We will use our best efforts to prevent any such loss or damage but since there are many reasons beyond the scope of our control we are not liable for any loss or damage to your data.
8.3.We do not guarantee that the Service is error free and will be accessible at times or locations of your choice. We are not liable for any malfunction of the interruptions of the Service including, without limitation, internet disruptions, software or hardware failures or other events which may lead to loss of your content.
8.4.Questions about content, final decisions or other issues connected to challenges are in sole responsibility of the companies. You agree to verify any claims you may have regarding challenges directly with companies.
8.5.As Challengest we have no control and we are not liable for:
- acts of Companies and Users
- quality and legality of solutions of Users
- any damages regardless of the cause
- expenses or other costs suffered or incurred as a result of third party claims relating to your use of our Service
PRIVACY AND DATA PROTECTION
9.1.Your privacy is extremely important to us. We undertake to devote our utmost efforts to protect your personal data. This article no. 9 covers all the important issues regarding personal data protection.
9.2.We shall process your data in accordance with the Slovak Act No. 122/2013 Coll., on Protection of Personal Data and on Changing and Amending of other acts, resulting from amendments and additions executed by the Act. No. 84/2014 Coll. (hereinafter referred to as “Data Protection Act”).
9.3.You as a data subject, have the right to decide about the processing of your personal data. The provision of your data to us is voluntary but it is a necessary condition for providing our Service to you. Therefore your refusal to provide us with required personal data will result in the unavailability of our Service.
9.4.You express your consent to have your data processed in accordance with these Terms by ticking the appropriate box during the registration process after the careful reading through these Terms.
9.5.We as the Provider of the Service are the controller of your personal data. Other individuals or legal entities may process your personal data subject to the written agreement in accordance with the Data Protection Act.
9.6.The purpose of the data processing is the securing of the operability of our Service, maintaining your user account, extending the offer of the features of the Service, enhancing the quality of the Service and communication with you.
9.7.We undertake to collect only data clearly specified on our Website, which serve the above-mentioned purpose, namely for Users: name, surname, e-mail address, telephone number, field of study, date of graduation, date of birth, current location, and namely for Companies: name of the company, name of the preson who made a registration, e-mail address, telephone number, country.
9.8.We process your personal data solely for the time of existence of your user account and 1 year after your last use of our Service (even after your account was terminated).
9.9.We collect your personal data either by our own registration form provided at our website or after you allow us to access your personal information used within third-party platform which you have decided to use as a registration and login information.
9.10.We have adopted measures preventing unauthorized or accidental access to your personal data, their alteration, destruction or loss, unauthorized transmissions, as well as other misuse of your personal data. We will not provide them to any third party, unless we have a prior consent from you.
9.11.You cannot be denied the right to access your personal data, the right to have your data corrected or the right to ask for an explanation from us, should you have any doubt concerning the way your data is processed. In such cases of doubt or presumed contradiction with the law or issues about your protected interests, you may require us to remedy the issue, in particular by blocking, correcting, supplementing or liquidating your personal data.
9.12.In addition to resolving your request with us, you are also entitled to appeal directly to The Office for Personal Data Protection at Hraničná 12, 820 07, Bratislava, Slovenská Republika.
9.13.By ticking the appropriate box during the registration process you give us your consent to send you commercial communication about the products and/or services of and winter s.r.o. and third parties who cooperate with us. You may at any time opt out of receiving commercial communication by clicking on the hyperlink displayed at the bottom of the message (in the message footer) or by sending us an e-mail from your registration e-mail address with the subject line Unsubscribe.
10.1.These Terms are governed by the laws of the Slovak Republic without any prejudice to the rule of public order in your place of habitual residence (or the protection afforded to you as a consumer by the provisions of the law of your country of habitual residence that cannot be derogated from by agreement). Although these Terms are subject to the provisions of Slovak law, you must abide by all the local, state and federal laws applicable in your jurisdiction.
10.2.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Challengest or it's services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
11.1.We want to make sure you are 100% happy with your purchase. We guarantee a refund if the challenge does not have any solution after 60 days from its publication. Requesting the refund is possible only until 90 days from Challenge publication. Please contact us at firstname.lastname@example.org.
12.1.We reserve the right to amend these Terms from time to time without prior notice. The revised terms and conditions will become effective upon posting. Your continued use of our Service after being informed about the changes constitutes your acceptance of such changes.
12.2.These Terms constitute the entire agreement between you (as Company or as User) and us and neither party shall rely on or shall be deemed to have made any representations or promises which are not expressly referred to in these Terms.
12.3.To provide notice of alleged copyright infringement within our Service, please see the DMCA Notification Guidelines. Your notices should be also sent on our address: Challengest s.r.o., Röntgenova 8, Bratislava, Slovak Republic or on our e-mail: email@example.com.