Promotional Disclaimer

1.1 Definitions

• Promotional Offer: Any price reduction, discount, limited-time offer, promo code, launch offer, trial period or temporary commercial advantage offered by Spixes OÜ, regardless of the service concerned.
• Spixes Services: All services operated by Spixes OÜ on the Platform, namely: (i) the Volunteering Service – matching between Establishments and Volunteers (Backpackers); (ii) the Job Offers Service – matching between Companies and Candidates for paid employment; and (iii) any Premium subscription associated with these services.
• User: Any natural or legal person accessing the Spixes Platform, whether as a Volunteer, Establishment, Candidate, Company or visitor benefiting from a Promotional Offer.
• Reference Price: The price displayed outside any promotional period, used as the basis for calculating displayed discounts, in accordance with the Omnibus Directive (2019/2161/EU).
• Subscription: Any paid access to advanced Platform features (Backpacker Premium subscription, Company Job Offers subscription, or any other existing or future pricing plan).

1.2 Scope

This Disclaimer applies to all Promotional Offers published by Spixes OÜ across all services, whether communicated via the Platform, by email, social media or any other digital or physical communication channel.

It takes precedence over any general marketing communication and constitutes the contractual framework between Spixes OÜ and the User for any promotion.

Legal basis: In accordance with Article 8 of the Estonian Law of Obligations Act (LOA §8) and the general principles of EU contract law, promotional commitments are contractually limited to the duration and conditions expressly stated. No obligation of renewal can be inferred from past conduct by Spixes OÜ.

2.1 Temporary and Non-Binding Nature

Any Promotional Offer is granted on an exceptional, temporary and non-automatically renewable basis. It does not constitute an acquired right and does not commit Spixes OÜ to maintaining or renewing identical conditions in a subsequent period, regardless of the service concerned.

2.2 Validity Period

Each Promotional Offer is subject to a strict validity period, clearly stated at the time of communication. Upon expiry:

• the offer is automatically revoked without additional notice;
• the Reference Price applicable to the relevant service (Volunteering or Job Offers) applies as of right;
• no claim based on the extension of the offer shall be admissible.

2.3 Eligibility Conditions

Unless otherwise explicitly stated, Promotional Offers are subject to the following cumulative conditions:

• Hold a valid and active Spixes account at the time of activation (Backpacker, Candidate, Establishment or Company);
• Not have benefited from an identical promotional offer within the past twelve (12) months on the same service, unless otherwise indicated;
• Activate the offer within the stated deadline, before expiry;
• Not be in an active dispute with Spixes OÜ at the time of activation.

2.4 Non-Cumulation

Promotional Offers may not be combined – neither within the same service, nor between the Volunteering Service and the Job Offers Service – unless expressly stated otherwise.

In the event of an attempted combination, Spixes OÜ will apply at its discretion the most advantageous offer for the User, without obligation to justify.

4.1 Spixes OÜ: Digital Intermediary

Spixes OÜ acts exclusively as a digital intermediary within the meaning of Regulation (EU) 2022/2065 (Digital Services Act – DSA). As such, Spixes OÜ cannot be held liable for:

• the performance of volunteering missions published on the Platform;
• the effective completion of a recruitment through the Job Offers Service;
• the conduct of Establishments, Companies, Volunteers or Candidates;
• any damage resulting from any relationship initiated via the Platform.

4.2 No Guarantee of Results

Any Promotional Offer relates exclusively to access to the matching service. It does not constitute a guarantee regarding:

• obtaining a volunteering mission or employment;
• the quality, duration or remuneration of the mission or position;
• the satisfaction of any party following the relationship initiated.

Liability limitation clause:In accordance with Article 106 of the Estonian Law of Obligations Act and within the limits permitted by EU law, Spixes OÜ's liability in relation to Promotional Offers is limited to the amount actually paid by the User for the period concerned. This limitation does not apply in cases of fraud, gross negligence or infringement of fundamental consumer rights.

5.1 Applicable Law

In accordance with Directive 2011/83/EU, any User qualifying as a consumer has a right of withdrawal of fourteen (14) days from the date of subscription to a paid plan, including when a Promotional Offer applies, for any Spixes service.

5.2 Consequences for the Promotional Offer

If the User exercises the right of withdrawal within the legal period:

• the refund is based on the amount actually paid, including the promotional reduction;
• the Promotional Offer is permanently lost and cannot be reactivated;
• the refund is processed within a maximum of fourteen (14) days.

5.3 Exception: Commencement of Performance

Important: If the User has expressly requested commencement of performance before the expiry of the withdrawal period, in accordance with Article 54(3) of Directive 2011/83/EU and Article 56 of the Estonian Law of Obligations Act (LOA), the right of withdrawal is lost once the service has been fully provided. In the case of partial performance, a proportionate indemnity will be deducted from the refund.

6.1 Spixes OÜ's Right to Modify

Spixes OÜ reserves the right to modify, suspend or terminate any Promotional Offer at any time, subject to honouring commitments made to Users who have already activated the offer.

Any material change to an ongoing offer will be notified with a minimum notice of seven (7) days, except in cases of force majeure.

6.2 Abuse

Spixes OÜ reserves the right to immediately revoke a Promotional Offer without refund in the event of:

• fraudulent use of a promo code;
• creation of multiple accounts to benefit from the same offer more than once;
• unauthorised combination between services (Volunteering and Job Offers);
• resale or assignment of the offer benefit to a third party;
• violation of Spixes OÜ's General Terms of Use or Sale.

8.1 Applicable Law

This Disclaimer is governed by Estonian law, without prejudice to mandatory provisions of EU law (Directive 2011/83/EU, GDPR, DSA, Directive 2005/29/EC).

For Users residing in an EU Member State, the protective provisions of their State of residence remain applicable.

8.2 Mediation and Amicable Resolution

In the event of a dispute, the User is invited to contact contact@wearespixes.com first.

If no resolution is reached within thirty (30) days, consumer Users may use the European Online Dispute Resolution platform:
https://ec.europa.eu/consumers/odr

8.3 Jurisdiction

Failing amicable resolution, any dispute shall be submitted to the competent courts of Tallinn (Estonia), without prejudice to the consumer's right to bring proceedings before the courts of their domicile (Regulation (EU) No 1215/2012 – Brussels I bis).