Terms and Conditions & User Agreement
This User Agreement is effective upon acceptance for those users who accept it through registration of an Allyos account, and from 22nd November 2018 for existing users.
This User Agreement, the Allyos User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which Allyos offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see the User Privacy Notice.
- If you reside outside Hungary, you are entering into a contract with Allyos Europe Kft. Nagytetenyi ut 180-196. Budapest, Hungary 1223. VAT: HU26373069
- If you reside in Hungary, you are entering into a contract with Allyos International LogicLife Inc. 1 Trust Complex, Ajeltake Road, Majuro, Marshall Islands, MH 96960. CNr: 76548
2. About Allyos
Allyos is an Active Member based online platform that guarantees certain discount on listed items. Allyos service subscription is free but required. Allyos allows Active users to buy discount, exchange this discount, or bid/deposit this discount on the listed items for the same amount. As an extra service it allows members to bid with their purchased Active discount amount in order to get higher discount. Subscription/Purchased Discount is not at risk under any circumstances, it always exchanges to spendable discount, or to higher discount amount in the case of successful bidding.
Subscription/Active Membership credit is the Indollar. Indollar value is pegged to USD. Active subscription is time sensitive as 1 USD equals 1 Indollar that equals 1 hour of active usage. Once the time of the active subscription is up, active users receive the equivalent amount of the subscription fee in spendable discount. Allyos user account comes with free in-app wallet for storing the discount.
Allyos does not have possession of anything listed or sold through Allyos, and only involved as agent in the actual transactions. The contract for the sale is directly between buyer and seller. Allyos is not a traditional auctioneer, crowd funding or discount online marketplace.
While we may provide pricing, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. While we may help facilitate the resolution of disputes through various programmes, Allyos has no control over, and does not guarantee the existence, quality, safety or legality of items; the accuracy of content, listings; the ability of sellers to sell items; the ability of members to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
You authorise Allyos to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by Allyos. Allyos will notify you of these charges.
3. Using Allyos
In connection with using or accessing the Services you will not:
- breach or circumvent any laws, third-party rights or our systems or policies;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in the Allyos policy, a clear typographical error is made.
- transfer your Allyos account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Allyos, or the interests or property of Allyos users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Allyos application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Allyos. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Allyos or someone else;
- commercialise any Allyos application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for over 1 year or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
4. Abusing Allyos
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
- we think that such restrictions will improve the security of the Allyos community or reduce our or another Allyos user’s exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a user issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both our user and the Allyos community.
Access and usage of the Allyos software and application is free. Active subscription can be purchased in the application. The value of the subscription package purchased always equivalent to the spendable discount within the app.
We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
6. Purchase Conditions
When ordering an item, you agree to comply with the rules for buyers and that:
- you are responsible for reading the full item listing before making a bid or commitment to buy;
- you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
- for motor vehicles and real estate (property) listed, a bid or offer is not binding, but expresses a user’s serious interest in the item;
7. International usage and translation
Users are responsible for complying with all laws and regulations applicable to international sales, purchases of items. Many of our Services are accessible to international users. We may offer certain programmes, tools and site experiences of particular interest to international users.
Default and official language in Allyos and for the Services is English. You authorise us to use automated tools to translate your Allyos content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that Allyos is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. The catalogue and product data may include copyrighted, trademarked and other proprietary materials.
The name “Allyos” and other Allyos marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Allyos and its affiliated companies in all countries. They may not be used unless expressly authorised by Allyos in writing.
9. Data protection and Privacy
- You and Allyos shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Allyos and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
- You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
- You shall process personal data received from Allyos exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
- Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
10. Restricting Funds
To protect against the risk of liability, Allyos may restrict access to collected discount funds in a user’s Allyos account based on certain factors, including, but not limited to, user history, user performance, returns or riskiness.
11. Additional Terms
Allyos is not liable or responsible for any returns whatsoever. Allyos is not a seller or the owner of any listings or any items. Allyos only provides the access to this information and to the unique service of its platform.
Return issues must be handled by the item, service or product provider or owner. Allyos will grant access to the seller or the owner of the products or listings, so user have full details. Users must act with return issues on their own based on these details with the sellers, owners or providers. You agree to comply with our returns policies.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
Allyos Money Back Guarantee
Most Allyos biddings go smoothly. In the case of an unsuccessful bidding/crowdfunding round when time is up and target price is not collected fully, all participants/users get their money/bidding back fully. Such transactions made with Indollars always. You agree to comply with the policy and permit us to make a final decision on any case.
We may suspend the Allyos Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to users
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Allyos Money Back Guarantee refund or reimbursement.
Listings available to international users come with integrated shipping costs. A third party global technology and shipping provider will oversee the processing, customs clearance and international postage of the item to the users. Allyos is not directly involved and never liable for the logistics, shipping or delivery of an item. If additional costs or duties apply we will notify the user.
We may add certain delivery options to listings in order to help improve user experience.
We try to keep Allyos and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Allyos’ Services may not occur in real time. Such functionality is subject to delays beyond Allyos’ control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing or other guidance provided by Allyos;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Allyos Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Allyos section;
You accept sole responsibility for the legality of your actions under laws applying to you.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is not easy. Allyos cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites or in the application.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the currently available Indollar amount or Active subscription fee in your Allyos account.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Allyos’ Services or your breach of any law or the rights of a third party.
14. Legal Disputes
If a dispute arises between you and Allyos, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of Hungary. You and Allyos both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the Hungarian courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in Hungary, but you may also elect to bring a claim in the court of another country instead. Hungarian law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in Allyos user accounts held or controlled by you with any fees, charges or other amounts you owe us. Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Allyos credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our 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. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users or listing providers, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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.
We may amend this User Agreement at any time by email. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an Allyos representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Allyos site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement and all policies posted on our site are the entire agreement between you and Allyos and supersede all prior understandings and agreements of the parties.
Legal notices shall be served by registered mail to Allyos Europe Kft. Nagytetenyi ut 180-196. Budapest 1223, Hungary. We shall send notices to you by email to the email address you provide to Allyos during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration or shipping details entry process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.