Last Update: May 2021
Welcome to xjismu. The Website, its content and any registered trademarks of Tminta Limited and/or the Website is fully owned and operated by Tminta Limited, a company registered under the laws of Malta and holder of company number C 98039. Please use this website in a responsible manner and in line with these Terms of Service.
Glossary of Terms
- Services: any of the services which are accessible and available for use by You through the Website, as offered by the users of accounts registered on the Website
- We/Us/Our: Tminta Limited, the owner and operator of the Website, a company registered under the laws of Malta and holder of company number C 98039
- Website: xjismu.com
- You/Your: the person (being natural or legal) making use of the Website
Use of the Website and Acceptance of these Terms
By accessing the Website and any listing therein, the person, whether a natural or legal person, accessing and making use of this Website (hereinafter ‘You’) are agreeing to these Terms, whether You are accessing and making use of this Website on your own stead or on behalf of any other person, whether natural or legal, or entity. These Terms hereby delineate and regulate your acceptable use of the Website. If You do not agree or do not wish to agree with these Terms, please refrain from making use of the Website.
You are invited to print a copy of these Terms at the date of use of the Website for future reference. We reserve the right to update, change, review, remove or substitute these Terms from time to time.
Should You wish to contact Us, kindly use the contact form available on the ‘Contact’ page on the Website.
Other terms which may apply to You
These Terms may refer to the following additional terms, which also apply to your use of Our site:
- Our Privacy Standard which may be accessed via the following link: [LINK]
Changes to these Terms and the Website
We reserve the right to occasionally amend the content of these Terms from time to time depending on the needs and exigences of the business or of the technical development of the Website itself. Every time you wish to use Our Website, please ensure that you check these Terms to make sure that you understand the Terms that apply at that time when you are using the Website. The content of previous versions of these Terms would not apply if a newer version of the same would be in force at the time.
We may occasionally update and change the Website from time to time to reflect updates in the provision of the services available on the Website and any other ancillary reasons relating thereto.
You may access the Website free of charge. Any charges which would be required in relation to you engaging in any service available through the Website will be notified to you and may only be carried out with your consent and active participation.
We do not guarantee that the Website, or any content available on it, will always be accessible or be fully uninterrupted. We may:
- suspend, withdraw or restrict the availability of all or any part of the Website for any reason relating to the business and/or its operational; and
- transfer any of Our rights and obligations under these terms to another organisation.
We will ensure that any such interruptions or changes are preceded with advanced notice, where this is possible and reasonably practicable in the circumstances.
Our site is mainly directed to people residing in Malta. Our site is aimed at allowing freelancers based in Malta to offer their services to You through the Website, mainly aimed at other persons residing or otherwise present in Malta. However, the Website does not impede You from making use of the services available thereon if you do not reside in Malta. However, for all intents and purposes it is being stated that if you choose to make use of the services available through the Website whilst you are not residing in or regularly present in Malta, We shall make no representations as to the availability or appropriateness of the services offered to You in such a case. The jurisdiction and governing law clauses noted in these Terms will nonetheless apply, irrespective of Your location.
How to Use Our Site and its Content
You may print off a copy, and may download extracts, of any page or pages from the Website for your personal use. However, you must not modify any such copies (whether hard or soft copies) of any materials which you may have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text from the Website.
In any such case, Our status as the authors, owners and operators of the Website and any content contained therein must always be acknowledged.
Any use of any part of the content on the Website for any commercial purpose or such other purpose relating to the negotiation of any commerce or business will be considered as a breach of these Terms. If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, immediately upon request, return or destroy any copies of the materials you have made.
Specific attention will be given to any risks which may be posed to users who have not yet attained the age of majority, however We emphasise that the use of Our site, and consequently of any of Our interactive services, by a minor is subject to the consent of their parent or legal guardian. Parents and legal guardians are advised to communicate with their children about safe internet use, as moderation can never be fool proof, if at all available. Minors who make use of any interactive service should be made aware of the potential risks which may apply to them.
Information on the Website
The Website aims to offer You, as the user, a wide selection of Services offered by freelancers and other service providers across several industries and other niches.
The content displayed on the Website may often depend on the information provided by the individuals providing the Services. Therefore, the information and content displayed on the Website may not always be fully accurate or up to date. Furthermore, certain information may be bespoke and tailor made to suit the needs and exigencies of individual users or groups of users, and We therefore urge you to contact Us in case of any doubt as to which Services may or may not apply to You and Your requirements, and this before taking, or refraining from taking, any action on the basis of the content displayed on the Website.
For all intents and purposes, We guarantee that we shall do Our utmost to ensure that all information is vetted and examined as regularly as practicable to ensure that it remains accurate and thoroughly updated. Although We make reasonable efforts to update the information on the Website, We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
Prohibited Use of this Website
You may not use the Website, or any content thereof, to reproduce, duplicate, copy or re-sell any part of it, or use it in any other way which is in contravention with these Terms. You are furthermore prohibited from making any unauthorised access, interference, damage or disruption to any part of the site or anything related thereto, including but not limited to:
- the Website itself or any part of it;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
You are prohibited from making or offering to make any direct transactions and/or payments with any person providing the Services through the Website, unless such transactions and/or payments are made using the Website’s authorised payment platform. In case you are asked to make such alternative form of transaction and/or payment, please report this incident to us immediately for us to be able to take appropriate action.
You are also prohibited from sharing any alternative direct contact details through the Website or through any other platform with any person providing you with a Service.
You are furthermore prohibited from using the site in any way that is in direct or indirect violation of any applicable local, national or international law or regulation, including but not limited to:
- For the purposes of any act that is in some way that is unlawful or fraudulent, whether directly or indirectly, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm any person, whether natural or legal, and including minors, in any way;
- To send, transmit, knowingly receive, download, use or re-use any material which does not comply with this these Terms;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- To transfer money for the purposes of money laundering, corruption or embezzlement, or for any other purpose as prohibited by law;
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
In cases where the Website contains links to other sites provided by third parties, such links are provided for your information only and We have no control over the content of those sites or resources. Therefore, the presence and/or inclusion of such website links on our Website should not be interpreted as any approval by Us as to the content and information available on the linked websites or of any information you may obtain from them.
Linking to the Website
If you wish to link to or make any use of content on the Website other than that set out above, please contact Us via the contact form available on the ‘Contact’ page on the Website.
You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link to the Website in any website that is not owned by you.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
User Generated Content
It may be possible that You or any other person who makes use of the Website create, upload or include information and materials on the Website, including on any public comment or review boards, or on private messaging features. Such information and material may not always be vetted and verified or approved by us. The views expressed by You or by other users on the Website do not represent Our views or values.
If you wish to submit a complaint of any nature about any content uploaded by other users, please contact Us via the contact details provided in these Terms.
Uploading Content to the Website
Whenever you make use of a feature that allows you to upload content to the Website, or to make any form of contact with other users of the Website or with persons who are offering a Service through the Website, you must comply with the content standards set out in these Terms. You warrant that any such contribution complies with such standards, and you will be liable to Us and shall indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
We shall not be held responsible for any warranties, representations or remarks, or any direct or indirect consequences thereof, of any content, information or material uploaded by You on the Website.
Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Us a limited licence to use, store and copy that content and to distribute and make it available to third parties, as provided in these Terms.
We will decide on a case-by-case basis on whether it is appropriate to use moderation of the relevant submissions/contributions, and whether human or technical moderation is necessary, in the light of those risks. Whilst moderation may be applied, We are under no legal obligation to oversee, monitor or moderate any interactive service We provide on the Website, and We expressly exclude any liability for any loss or damage arising from the use of any interactive service by you in contravention of these Terms, whether the service is moderated or not.
Where We do moderate an interactive service, We will normally provide you with a means of contacting the moderator should a concern or difficulty arise.
We hereby hold the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy as protected by law.
We have the right to remove any form of contribution which You make on the Website if, in Our opinion, it does not comply with the content standards set out these Terms.
You are solely responsible for securing and backing up any such content.
User Generated Content Standards
We have established a strict set of standards which apply to any and all material which you contribute to the Website and to any interactive services associated with it. Such standards must necessarily be complied with both in their literal sense and also in the spirit of the content. Bending the limitations of the written standards and indirectly contravening them will not be tolerated. The standards apply to each part of any contribution as well as to its whole. We shall determine, in Our full discretion, whether a contribution breaches the standards as set out in these Terms.
Any such contribution must:
- In the case of facts, be accurate and exact
- In the case of opinion, be genuine
- Comply with Maltese law
Contributions must not:
- Directly or indirectly violate Maltese law or promote or incite any part to commit or assist any unlawful activity
- Be in any way defamatory, obscene, offensive, hateful or inflammatory
- In any manner or form promote sexually explicit material or content
- Promote violence, whether real or implied, or threats
- Be threatening, abusive, harassing, upsetting, embarrassing, alarming or in any way invades another’s privacy, or cause annoyance, inconvenience or needless anxiety or stress
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any other protected characteristic under Maltese law
- Infringe any copyright or trademark of any other person
- Be likely to deceive any person
- Breach any legal duty owed to a third party, such as a contractual duty, a fiduciary duty or any other duty of confidence
- Be in contempt of court
- Impersonate any person, or misrepresent your identity or affiliation with any person
- Give the impression that the Contribution emanates from Us, where this is not the case
- Contain any advertising or promote any services or links to other sites
Limitation of Liability
Whilst We do not exclude or limit in any way Our liability to you where it would be unlawful to do so, certain limitations and exclusions of liability will nonetheless apply to any liability arising as a result of the Website and any Services offered through it.
As a user, please note that this Website is only provided and made accessible to You strictly for use for domestic purposes and is not to be used for any commercial purposes or such other purposes relating to one’s commercial or business activities. You agree not to use Our site for any commercial or business purposes, and We shall in no way be held liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Any transactions and works commissioned by You through the use of the Website and the Services offered through it shall be so made and commissioned at your own risk. We shall in no way be held responsible for any warranties or representations that may be made to you by any person or entity providing a Service through the Website. We shall furthermore not be held responsible for any damage or loss which may be caused to You by the use of such Services where the fault for such damage or loss cannot be reasonably attributed to Us or the functions of the Website, but to the transaction or dealing between You and any person providing a Service to you through the Website.
We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our site or any content on it. We furthermore exclude any and all liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or use of or reliance on any content displayed on the Website.
In particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We may not be held liable for damage that may have reasonably been avoided by You by following Our advice or recommendations, and more specifically these Terms, or for damage that was caused by your failure to correctly follow any instructions provided or to have in place the minimum system requirements as advised by us for the purposes of making use of this Website.
The foregoing and any other content included in these Terms does not affect any liability which cannot be excluded or limited under applicable law.
Use of Your Personal Data
We cannot guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your own information technology, computer programmes and platform to access the Website. You should ensure that you have installed and are making active use of Your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or to any server, computer or database connected to the Website.
You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such violation to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Breach of these Terms
A breach of these Terms occurs when You, as a user of the Website, violate or fail to adhere with any part of the content set out herein. Where such default occurs, a material breach of these Terms would be considered to have occurred and We reserve the right to take such action as We deem appropriate.
Failure to comply with these Terms may result in Our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Website or removal of any contribution uploaded by you to Our site
- Issuance of a warning to you, where this is possible and permissible
- Legal proceedings being instituted against you for reimbursement of any and all costs which result from the breach (including, but not limited to, reasonable administrative and legal costs), together with any further legal action against you as may be deemed necessary
- Disclosure of any information to law enforcement authorities as We reasonably feel is necessary or as required by law.
We exclude Our liability for any and all actions which We may take in response to breaches of these Terms. The actions We may take are in no way limited to those described above, and We may take any other action We reasonably deem appropriate in the situation.
Governing Law & Jurisdiction
Please note that these Terms, their subject matter and their formation (including any non-contractual disputes and claims) are governed by Maltese law. Both you and Us agree that the Courts of Malta shall have exclusive jurisdiction on any such matters.
“xjismu” is a registered trademark of Tminta Limited. You are not permitted to use it without Our approval.
Should you have any questions, comments and requests regarding the processing of your data you may contact us through any of the following methods:
By email: email@example.com