Terms & Conditions
Last updated: November 2, 2019.
OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
The Sagana website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on Sagana, as well as any consequences that arise from doing so. Sagana is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
Please review our Privacy Notice, which also governs your use of Sagana Services, to understand our practices.
When you use Sagana Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Sagana Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you agree to the TOU and are sufficient age and capacity to use Sagana and be bound by the TOU, or use Sagana on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Sagana in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from Sagana, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
You may need your own Sagana account to use certain Sagana Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. The usage of Sagana Services is essentially available for everyone. A user registers on Sagana by filling out the provided online registration form, and by doing so swears that the information provided is accurate and true. The registration progress is complete when the account becomes active. The user is obligated to promptly inform Sagana of any changes to their account information. The User may terminate and close his/her accounts anytime by accessing their user account or sending an email through the contact form.
Sagana reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Sagana is used for unsuitable purposes. Sagana reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months. Sagana reserves the right to refuse service, terminate accounts, terminate your rights to use Sagana Services, remove or edit content, or cancel orders in its sole discretion.
The user is legally and solely responsible for the content of the posting(s) placed on the Sagana website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the post being placed. The user agrees to place their post under the correct category within the website. Sagana reserves the right to move posts to a more appropriate category. The user is obliged to comply with the Sagana TOU and is expected to adhere to these terms when interacting with other Sagana users. The placement of duplicate/similar ads on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply. The user is not allowed to post content on the Sagana website that breaches this agreement, applicable rights and/or third party rights.
Prohibitions for the Sagana user include:
• Violating the law or going against the TOU
• Conducting business in a dishonest and/or deceptive manner
• Violating the rights of the third party
• Spamming and posting chain letters
• Using virus(es) and other technical items that may cause damage to Sagana or the interest of the users of Sagana
• Causing excessive burden on the Sagana infrastructure and the smooth running operations of the Sagana website
• Copying, duplicating, modifying or distributing the content of other advertisements
• Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
• Bypassing measures that serve to limit and/or prevent access to Sagana
• Content that is abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable in Sagana’s reasonable discretion.
Sagana has the right to block, delete or freeze posts, accounts or memberships that are deemed to contain prohibited content. Sagana also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Sagana gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the TOU is breached.
The usage of the Sagana website is essentially free of charge. However, Sagana reserves the right to charge fees for special services and site features as well as the publication of online posts under specific/certain categories on the site. All fees shall be reflected and charged in the respective currency for each country. However, Sagana reserves the right to charge in other currencies for technical reasons. Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Sagana. The services are provided exclusively to commercial businesses, declaring their consent to tax liability – limited to the Value Added Tax. The recipient must be registered for VAT, GST, Sales Tax. With the conclusion of the contract, the recipient of the services agrees, that the VAT, GST and Sales Tax on a taxable supply is payable by the recipient and not by the supplier. The recipient is responsible for the timely application of the Tax (VAT, GST, Sales Tax). In the event of delayed payments for these services, Sagana reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
PREMIUM FEATURES & ACCOUNTS
Sagana users may purchase premium features for their posts. Should the user choose to delete the posts before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Sagana does not reimburse the user for any portion of a discounted premium feature/service. In addition to the free Sagana account, users have the option to purchase a Premium Account and select from multiple plan durations. Upon the deletion of an account before its selected duration has passed, the remainder of the Premium Account’s duration is forfeited. The price of the already paid Premium Account will not be reimbursed. If the user opts for the automatic renewal of a Premium Account, the account’s duration will automatically renew according to the originally selected duration of either 3, 6, or 12 months. Promotions, such as free added months to the account’s duration by purchasing within a particular period of time, are not carried over upon automatic renewal.
Sagana reserves the right to republish post(s) on Sagana and on other websites owned by Sagana. The Sagana user may at any time modify or delete their posts. The Sagana user has the right to demand the removal or deletion of the user’s own posts from the Sagana. Sagana shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SAGANA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAGANA SERVICES ARE PROVIDED BY SAGANA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SAGANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAGANA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAGANA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SAGANA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SAGANA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAGANA DOES NOT WARRANT THAT THE SAGANA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAGANA SERVICES, DOTLBO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SAGANA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SAGANA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SAGANA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SAGANA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to [email protected]. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Sagana that your copyrighted material has been infringed.