1 ABOUT OAKURA
Oakura Ventures AG is a Swiss company with registered address at Dammstrasse 16, 6300 Zug, Switzerland ("Oakura" or "we", "our", "ours"). Oakura operates a platform under www.oakura.io (the "Platform") where experts, services providers, investors, start-ups and other businesses (the "Users") can offer and procure services. Oakura further issues a token that may be used on the Platform (the "OAK"). The OAK is in a testing phase. Please refer to the token terms as issued from time to time for further details).
2 TERMS AND CHANGES
By using the Platform, you accept these terms & conditions (the "Terms"). The User confirms these Terms each time he/she logs on to the Platform. Oakura reserves the right to change these Terms at any time. The Users will be notified of any material changes within a reasonable period before their entry into force, during which a User may object to the changes. If a User does not object to the new Terms, the amended Terms shall be deemed accepted.
3 REGISTRATION & USAGE
Once you are registered and verified by Oakura as a User, you may use the Platform in accordance with these Terms.
On the Platform, Users can conclude contracts autonomously and in their own responsibility with each other. Only the Users are bound and entitled by such contracts. The fulfilment of the contract is the exclusive responsibility of the Users and Oakura is never party of such agreement.
Texts and pictorial representations, which a User publishes on the Platform in any way and form (offer, chat function, evaluation, in the context of the "questions and answers function", etc.), may not aim at conclusion of contracts outside of the Platform or request it directly or indirectly.
In connection with using or accessing the Platform you will not:
If Oakura believes you are abusing the Platform, it may, in its sole discretion and without prejudice or limitation to other remedies, limit, suspend, or terminate your user account along with access to our Platform, remove content, remove any status associated with your account, remove and/or demote posts, and take technical and/or legal steps to prevent you from using the Platform.
In addition, we may cancel inactive or unconfirmed accounts, block Users that do not provide any requested verification information or modify or discontinue access to the Platform. Finally, we reserve the right to refuse or terminate access to the Platform to anyone for any reason at our discretion.
5 CONTENT & IPR
Oakura reserves the right to verify, but does not guarantee (i) the existence, quality, or legality of the services offered; (ii) the truth or accuracy of Users’ content, listings, ratings, or services; or (iii) the ability of various participating parties to deliver on their promises. If you do find any suspicious content on the Platform, please report it to us.
Whenever you provide content using the Platform (either directly or indirectly), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable right to exercise all Intellectual Property Rights you have to that content with regard to our provision, expansion, or promotion of the Platform, in any media known now or developed in the future.
To the fullest extent permitted under applicable law, you waive your right to enforce against Oakura, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in any content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Platform.
You represent and warrant that for all content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our Users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. Oakura takes no responsibility and assumes no liability for any content provided by you or any third party.
You agree not to remove any copyright, proprietary, or identification markings from the Platform and not to create any derivative works based on that data.
You agree that Oakura is not responsible for examining or warranting the content provided by third parties through the Platform, and that you will not attempt to hold us or our liable for inaccuracies. As a user, you agree to ensure that content directly associated with your interaction with the Platform is accurate.
The name "Oakura" and other Oakura marks, logos, designs, and phrases that we use in connection with our Platform and marketplace are trademarks, service marks, or trade dress of Oakura in Switzerland and other countries. They may not be used without the express written prior permission of Oakura.
Oakura may charge fees for certain additional services on the Platform from time to time. The applicable fees and payment terms will be transparently disclosed on the Platform.
The fees and payment terms for services between Users are subject to the agreement between the Users.
7 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We try to keep our Platform safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. The Platform and website may be temporarily unavailable or only partially available due to maintenance work or other reasons, without the User incurring any claims against Oakura.
You agree that you use our Platform at your own risk, and that it is being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Oakura shall only face potential liability for direct damages caused by an intentional or grossly negligent act on the part of Oakura itself. To the extent permitted by applicable law, liability of Oakura for damages or losses of any type (direct, indirect, consequential etc.) in case of simple negligence - for whatever legal reason - is expressly excluded subject to mandatory statutory provisions.
You will indemnify and hold us (including our affiliates and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Platform or your breach of any law or the rights of a third party.
9 GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
All disputes arising out of or in connection with the present Agreement, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the courts in Zug, Switzerland.