This document sets out the Terms and Conditions ("Terms") on which ADTHISWAY P.C. (Company No. 180776630000) of 10 Dagkli Street, Kavala, P.C. 65403, Greece, ("ADTHISWAY") provides
customers with access to its services through the www.adthisway.com website ("Website"), including any mobile applications.
Please read these Terms very carefully before using the Website and the Services. You acknowledge and agree that by clicking on "I accept" on behalf of a nominated
entity (company, organization, talent or contractor) (the "Customer"), you agree that the entity will be bound by these terms as a Customer.
You warrant and represent that you have full capacity and authority to enter into these Terms on behalf of the Customer.
The Services are destined to Customers and are used on their behalf by nominated adult users. As per applicable Greek Law, an adult is a person of at least 18 years
of age.
You may decide to use additional services, which might have additional terms that apply to your use of those services (“Additional Terms”). The Additional Terms form
part of the Contract. In the event that Additional Terms directly conflict with any of these Terms, the Additional Terms will apply to your use of the services.
If you do not accept these Terms, you will not be able to use the Website and the Services. You are advised to retain a copy of these Terms for future reference.
These Terms may be periodically subject to change and accordingly you are advised to refer back to these Terms before making use of the Website and Services.
ADTHISWAY will notify you in case of significant changes in these Terms.
- The Website and the Services
- The Website is owned and managed by ADTHISWAY P.C. (Company No. 180776630000) a company incorporated in Greece and whose registered office address is 10 Dagkli Street, Kavala, P.C 65403.
- In consideration for the payment of the Fees, ADTHISWAY shall provide the Customer with the Services as described on the Website, which allow the Customers
to publish their advertising needs or options, get informed about the advertising options and needs of other Customers, filter and shortlist them, and
network with each other ("Services"). The Services typically include the following, as per Customer categories:
- For “Companies”; a “Company” is a legal entity that pursues commercial or/and industrial purposes (such as a private company, société anonyme, limited company, individual business etc). Services for Companies include the facility to publish their advertising needs, get informed about the advertising options offered by Organizations and Talents, filter and shortlist them, publish their Contractors needed services and get informed about the offered services by Contractors, filter and shortlist them.
- For “Organizations”; an “Organization” is an organized group of people with a particular purpose, such as a business or NGOs. Services for Organizations include the facility to publish their advertising options, get informed about the Companies and Contractors advertising needs, filter and shortlist them, publish their Contractors needed services and get informed about the offered services by Contractors, filter and shortlist them.
- For “Talents”; a “Talent” is an individual of at least 18 years of age, acting in its professional capacity, such as an influencer or an athlete. Services for Talents include the facility to publish their offered advertising options, get informed about the Companies and Contractors advertising needs, filter and shortlist them, publish their Contractors needed services and get informed about the offered services by Contractors, filter and shortlist them
- For “Contractors”; a Contractor is an entity/business that provides intermediary services, such as a car rental business. Services for Contractors include the facility to publish their advertising needs, get informed about the advertising options offered by Organizations and Talents, filter and shortlist them, publish their offered services and get informed about the needed services by Companies, Organizations and Talents, filter and shortlist them.
- All parties network between themselves.
- ADTHISWAY’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party, the agent of another Party, nor authorize any Party to make or enter into any commitments for or on behalf of any other Party.
- ADTHISWAY does not constitute an advertising agency, nor provides advertising services. The Customer is solely responsible for any advertising needs/offers or other information, data, material etc created, used, stored, published on the Website, their content and their compliance with all laws and legislations applicable in Greece and in Customer’s jurisdiction, if different.
- ADTHISWAY may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
- ADTHISWAY will use commercially reasonable efforts to make the Services available seven (7) days a week, twenty-four (24) hours a day, except for (a) scheduled maintenance, (b) any unavailability due to circumstances beyond ADTHISWAY's reasonable control, and (c) any suspensions permitted under these Terms. In the event of planned service downtime, ADTHISWAY will reasonably try to notify the Customer at least twenty-four (24) hours in advance. Notification may be provided electronically, including through the Services
- Access to the Website and the Services may be granted to the Customer on a trial or ‘free’ basis ("Trial") for a period of up to 3 months. During the Trial, the Customer shall be granted free of charge access to the Services, the functionality of which during the Trial may be limited or restricted; Any Services provided by ADTHISWAY during the Trial shall be considered “as- is” and ADTHISWAY has no liability of any type, nor any indemnification obligations, for any harm or damage arising out of or in connection with any Free Services. At the completion of the Trial, the Customer will be obliged to payment of Fees or charges in order to have continued access to the Website and/or Services. ADTHISWAY may withdraw or suspend the Customer’s access to the Services at any time during the Trial. Customer shall be fully liable under those terms to ADTHISWAY for any harm or damages arising from the use of the Services during a Trial by Customer.
- Registration
- To use the Services, even on a Trial basis, the Customer shall first be required to register with ADTHISWAY by completing the online registration form on the Website.
- ADTHISWAY shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and approved the Customer’s registration, containing a unique hyperlink. By clicking on it the Customer finalizes their account by setting the password. By default, the Customer’s username is their email address. The Customer’s contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email.
- ADTHISWAY reserves the right to conduct verification in respect of the identification information provided by the Customer. In order to use the Services, the Customer must provide during their registration a valid Greek Tax Identification Number (TIN), which is verified through the repository of the Greek Independent Authority for Public Revenue (IAPR).
- These Terms shall apply to any and all Collaborators/Designated Users who access and use the Website and the Services through the Customer’s account. The Customer
acknowledges and agrees:
- only one person may log-on to the Website and/or access the Services using the Customer’s account at any given time; and
- the Customer is directly liable to ADTHISWAY at all times for the acts or omissions of its Collaborators/Designated Users.
- The Customer shall, and shall ensure their Collaborators/Designated Users, keep any Customer usernames and passwords ("Logins") safe and secure to ensure that they are not used without the Customer’s permission. The Customer must promptly inform ADTHISWAY upon suspecting any unauthorized use or access to their Logins and/or profile on the Website. The Customer is solely responsible and liable for any breaches of these Terms resulting from the use of their Logins to access the Services and/or the Website, regardless of whether such use is authorized by the Customer.
- Customer obligations
- The Customer shall and shall ensure that their Collaborators/Designated Users also, at all times use the Services and the Website in accordance with these Terms.
- The Customer shall ensure that their use of the Services and/or the Website, including the submission of any information, data, images, links to external
websites, and all other material of any format:
- comply with all applicable laws and legislations applicable in Greece and in Customer’s jurisdiction, if different;
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- not reasonably be deemed to be offensive, illegal, inappropriate or in any way harmful.
- Unless otherwise explicitly stated by ADTHISWAY, ADTHISWAY does not vet, control, moderate, verify the accuracy, correctness and completeness of, edit or modify any information, data and materials created, used, stored in the platform and/or published by the Customer on the Website. The Customer hereby warrants that the Customer has the right to use, collect and store any and all such information and material.
- Notwithstanding clause 3.3, ADTHISWAY reserves the right to refuse to publish any information, or to at any time remove or edit information (in whole or in part), if ADTHISWAY has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
- The Customer shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another user or person;
- use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than in connection with the publication and search of needs/offers;
- do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
- In case of breaches of the Terms, ADTHISWAY reserves the right to take any action that we deem necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website.
- Customer interaction
- The Customer shall ensure that any need/offer they publish through the Website contains sufficient information to allow another Customer to make an informed decision as to contact them for the need/offer in question.
- The Customer warrants that the information provided pursuant to clause 4.1 and in respect of the Customer Information shall be correct, complete, accurate and up to date. In the event the information is incorrect, incomplete, inaccurate or out of date, then the Customer must immediately take all necessary steps to rectify such information.
- ADTHISWAY bears no responsibility regarding the content of needs/offers posted on the Website as well as the Customer's communication with other Customers who have posted on the Website and potentially match their criteria. Furthermore, ADTHISWAY does not follow or has any knowledge whatsoever and is not responsible and cannot be held liable for any issue arising from the negotiations and/or conclusion of any commercial transaction between Customers.
- The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure they enter into any necessary negotiations and contractual arrangements with other Customers. The terms of any contractual arrangements shall be negotiated and agreed between the Customers directly. In the event there is a dispute between Customers (whether it relates to the selection process, the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - arising from the use of the Services by the Customer, the Customer agrees ADTHISWAY is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless ADTHISWAY from any such loss or damage or any liability in relation to any Dispute.
- The Customer is solely responsible for the use of the Services and its internal management of the publishing/searching process. The Customer is also responsible for confirming that the advertising options or needs that they choose, match their criteria, are credible and suitable for the purpose they pursue.
- The Customer acknowledges that ADTHISWAY does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of our Customers. ADTHISWAY does not warrant, represent or guarantee that the Customer will be able to fulfil their offers/needs using the Services.
- The Customer shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular but not exclusively, all applicable advertising, data protection and anti-discrimination legislation.
- The Customer shall and shall procure that its Collaborators/Designated Users shall at all times keep all information including without limitation, other Customers needs/offers, information, communication and correspondences between the Customer, ADTHISWAY and other Customers secure and confidential.
- The Services shall be personal to the Customer organisation and the Customer has no right whatsoever to resell the Services to any third party for any reason without the express written approval of ADTHISWAY.
- The Customer hereby indemnifies ADTHISWAY against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by ADTHISWAY which arise directly or indirectly from any Dispute, or any breach by the Customer of clause 4.7.
- Fees
- The fees to access the Website and Services are as set out on the Website or the Offer you received, as applicable ("Fees").
- Unless stated otherwise on the Website or the Offer, Fees shall be payable by the Customer right after their registration and before submitting any offer/need or engage in any relevant search, or in the manner as set out on the Website or the Offer and in the currency identified on the Website or the Offer, as applicable.
- All Fees are exclusive of VAT (24%), correspond to annual subscription and are non-refundable and non-cancelable for any reason, except as expressly provided otherwise in these Terms.
- The Customer shall keep their personal information, such as contact information, billing information up to date.
- ADTHISWAY uses the payment processing system Stripe. By using ADTHISWAY and agreeing to our Terms and Conditions, you also agree to be bound by Stripe’s Terms of Service
- The Customer acknowledges and agrees that ADTHISWAY shall not be liable for any payments and monetary transactions that occur through their use of the Services. The Customer expressly understands and agrees that all payments and monetary transactions are handled by Stripe, as well as that ADTHISWAY shall not be liable for any issues regarding financial and monetary transactions between the Customer and any other party, including Stripe.
- The Customer is responsible for all transactions (one-time, recurring, and refunds) processed through the Services and Stripe. ADTHISWAY is not liable for loss or damage from errant or invalid transactions processed through Stripe. This includes transactions that were not processed due to a network communication error, or any other reason.
- Termination
- The Customer may terminate the provision of the Services at any time by cancelling their subscription on the Website. In that case, the Customer will not be entitled to a refund of any pre-paid Fees and if the Customer has not already paid the full amount of the Fees, any such amount is non-cancellable, and outstanding Fees will become immediately due and payable.
- The Customer may delete their account at any time, by following the instructions offered on the Website. After deletion of the account, all relevant data are erased and cannot be retrieved.
- ADTHISWAY shall delete any inactive account 5 years after the end of the last subscription period.
- Digital Services Act: Content Moderation – Notice and Action Mechanism
- ADTHISWAY as an intermediary service provider and online platform is subject to the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act). At the present time, ADTHISWAY constitutes a micro enterprise as defined in Recommendation 2003/361/EC.
- Point of contact for Member States’ authorities, the Commission and the Board: Please contact us, in Greek and/or English.
- Point of contact for recipients of the Services: Please contact us, in Greek and/or English.
- Content moderation: ADTHISWAY does not vet, control, moderate, verify the accuracy, correctness and completeness of, edit or modify any information, data and materials created, used, stored in the platform and/or published by the Customer on the Website ("Content"). However, ADTHISWAY holds the right, in its own initiative or after notice (see sub-clause 7.5), to suspend and/or terminate the Customer’s access and use of the Website and/or all or part of the Services or delete any Content, if it contravenes any legislation in relation, but not limited, to intellectual property rights, copyright, racism, discrimination, children protection, drug use or trafficking, human exploitation or trafficking, cybercrime or is against any other law, or these Terms and Conditions. In such cases, ADTHISWAY shall inform without due delay the Customer and provide a clear and specific statement of reasons for the action taken.
- Notice and Action Mechanism:
- Any individual or entity may notify ADTHISWAY of the presence on our Services of specific items of information that they consider to be illegal Content (“Notice”). Please submit your Notice here.
- “Illegal Content” means any information that, in itself or in relation to an activity is not in compliance with Greek and/or European law, irrespective of the precise subject matter or nature of that law.
- Your notice must contain the following elements:
- a sufficiently substantiated explanation of the reasons why you allege the information in question to be illegal content;
- a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
- your name and email address, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (i.e. sexual abuse and sexual exploitation of children and child pornography);
- a statement confirming your bona fide belief that the information and allegations contained therein are accurate and complete.
- ADTHISWAY shall confirm without undue delay the reception of your Notice, provided it contains your electronic contact information.
- ADTHISWAY shall examine every sufficiently precise and adequately substantiated Notice, that contains the above-mentioned elements, and shall promptly notify you of our decision in respect of the information to which the Notice relates, providing information on the possibilities for redress in respect of that decision. ADTHISWAY by no means is obliged to go through a detailed legal examination.
- Where ADTHISWAY becomes aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person or persons has taken place, is taking place or is likely to take place, we shall promptly inform the Greek law enforcement or judicial authorities, providing all necessary information.
- Intellectual property rights
- ADTHISWAY owns all intellectual property rights related to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). These works are protected by copyright laws and treaties worldwide. Nothing in these Terms transfers any part of the Software or Website from ADTHISWAY to the Customer; all rights, title, and interest in and to the Software and the Website remain exclusively with ADTHISWAY and/or ADTHISWAY’s licensors. ADTHISWAY grants the Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Term identified on the Website, solely for the Customer’s internal use of the Services and in accordance with these Terms and any Additional Terms. All rights to the Software and the Website not expressly granted to the Customer are reserved by ADTHISWAY and the relevant third-party licensors
- The Customer is permitted to print one copy and download extracts of any pages from the Website solely for their own use. Additionally, the Customer may draw the attention of other users to Submissions or materials posted on the Website. However, the Customer must refrain from using any part of other users' submissions or any materials on the Website for purposes other than accessing the Website or deriving benefit from the Services in accordance with these Terms.
- The Customer must refrain from, and ensure that Collaborators/Designated users refrain from: (i) altering, translating, creating derivative copies of, or attempting to copy the Software or the Website, either wholly or partially; (ii) reverse engineering, decompiling, disassembling, or any other means to convert the object code of the Software or the Website into source code form; (iii) distributing, sublicensing, assigning, sharing, timesharing, selling, renting, leasing, transmitting, granting a security interest in, or otherwise transferring the Software or the Website, or the Customer's right to use the Software or the Website.
- The Customer affirms that they possess or have the right or license to utilize the intellectual property rights in the Customer information, the offers/needs, and all information and materials provided by the Customer to ADTHISWAY.
- The Customer hereby provides ADTHISWAY with a perpetual, sub-licensable, worldwide, royalty-free license to publish and make available on the Website the Customer information, offers/needs, and all other information and material provided by the Customer to ADTHISWAY regarding the Services. This license is granted for the purpose of delivering the Services to the Customer.
- The Customer agrees to indemnify ADTHISWAY against any losses, liabilities, costs, and expenses (including, but not limited to, legal costs) resulting from or incurred due to any infringement of intellectual property rights arising from the use or possession of the Customer information, offers/needs, and all other information and material provided by the Customer to ADTHISWAY.
- In general, unauthorized actions such as copying, distributing, transferring, modifying, reselling, creating derivative works, or misrepresenting the true provider of Website content are prohibited. Any commercial or other use of the content, including reproduction, republication, downloading, uploading, announcement, dissemination, or transmission, requires prior written permission from ADTHISWAY or relevant copyright holder. Reproductions and extractions of the Website content for the purposes of text and data mining is strictly prohibited. The names, images, logos, and distinctive features associated with ADTHISWAY, or third parties and their products or services are exclusive trademarks protected by trademark laws. Their presence on the website does not imply the transfer or assignment of a license or right to use them.
- Confidentiality
- As used under these Terms “Confidential Information” is all information pertaining to (1) business plans, business operations, processes, plans, intentions, methods, and practices; (2) personnel, personnel details, customers, customer contact details, business contact details, suppliers, costs, prices, business plans, details of corporate organization, corporate financial information and market opportunities; (3) product information, marketing concepts or designs, know-how, concept ideas, designs, trade secrets, inventions, source code, object code, passwords and log in details, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, and any other information or data of whatever kind whether in physical, electronic, written or oral form, that is designated as confidential or that reasonably should be understood to be confidential, as disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”). Any business-related information disclosed by either Party to the other Party is identified as Confidential Information.
- The Receiving Party shall refrain from disclosing such Confidential Information to any contractor or other third party without prior, written approval from the Disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Receiving Party uses to protect its own proprietary and confidential information, but in no case less than reasonable care.
- The Receiving Party shall ensure that each of its employees, officers, directors, or agents who has access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by this Clause 9.
- The Receiving Party of Confidential Information disclosed shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Clause 9 or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
- All Confidential Information shall be and remain the property of the Disclosing Party and nothing contained in these Terms shall be construed as granting or conferring any rights to such Confidential Information on the other Party.
- The Receiving Party shall honour any request from the Disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Clause 9 and all notes related to such Confidential Information.
- The Parties agree that the Disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Clause 9 and that the Disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
- Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information, and the Receiving Party shall have no obligation to hold in confidence such information, where such information:
- Is or becomes publicly known through no wrongful act of the Receiving Party, its employees, officers, directors, or agents; or
- Is approved for release (and only to the extent so approved) by the Disclosing Party; or
- Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.
- Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Clause 9.
- This Clause 9 contains the entire agreement between the Parties and in no way, creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.
- Nothing in this Clause 9 is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party, the agent of another Party, nor authorise any Party to make or enter into any commitments for or on behalf of any other Party.
- This Clause 9 supersedes all prior agreements between the parties, oral or written, concerning the disclosure of Information. The requirement to protect Confidential Information disclosed under this Agreement shall survive termination of this provision of Services indefinitely.
- Data Protection – Privacy
- General
- These Terms constitute the Contract between the Customer and ADTHISWAY. They enter into force by registration and are valid until the deletion of the Customer’s account, except otherwise stated in specific clauses.
- All notification and communication to ADTHISWAY should be sent to the contact details made available to the Customer on the Website.
- No failure or delay by ADTHISWAY in exercising any of its rights under this Terms shall be deemed to be a waiver of that right, and no waiver by ADTHISWAY of any breach of the Terms by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Terms is found to be invalid, unlawful, or unenforceable by any competent authority, that provision shall be deemed severed from the remaining provisions, which shall remain valid and enforceable to the fullest extent permitted by law.
- The Customer acknowledges that these Terms constitute the entire agreement between the Customer and ADTHISWAY regarding the terms and conditions of the provision of Services and that they supersede and merger all prior proposals and understanding, and all other agreements, whether oral or written, between the parties related to the subject matter hereof.
- The Customer consents to ADTHISWAY's use of the Customer's trademark and/or logo to identify the Customer as a user of the Software. This includes (i) utilization in sales presentations, promotional/marketing materials, communications, and press releases, and (ii) creating a concise customer profile for ADTHISWAY's promotional purposes on ADTHISWAY's website.
- Any visitor of the website (Customer or not subscribed users) can subscribe to ADTHISWAY’s Newsletter. The aim of our Newsletter service is to keep our Customers and visitors updated about new information about us and the Services we offer or new advertising opportunities. The subscription to our Newsletter service is not mandatory. ADTHISWAY reserves the sole right to either modify or discontinue the Newsletter, at any time with or without notice to you. ADTHISWAY will not be liable to you, or any third party should we exercise such right. Upon subscription, subscribers receive a welcoming email and then they will start to receive our regular Newsletters. Subscribers can unsubscribe at any time, by clicking the relevant link at the bottom of the Newsletter email.
- ADTHISWAY retains the right to amend these Terms at any time by updating them on the Website. Any future significant changes to this document by ADTHISWAY will be communicated and made accessible to Customers via their designated for communication purposes email addresses.
- These Terms shall be governed by and construed in accordance with Greek law and shall be subject to the exclusive jurisdiction of Greek courts and specifically the courts of Athens.