Terms and Conditions Agreement

Definitions and Interpretation

For the purposes of this Terms and Conditions Agreement, the following terms shall have the following meanings:

Acknowledgment

This Agreement is legally binding between you and the Operator. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, you must not accept this Agreement and may not access and use the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

All Content provided by you shall be subject to our Privacy Policy.

Table of contents

  1. Age and Eligibility
  2. License
  3. License Restrictions
  4. Accounts and membership
  5. User content
  6. Billing and payments
  7. Accuracy of information
  8. Backups
  9. Advertisements
  10. Links to other resources
  11. Prohibited uses
  12. Intellectual property rights
  13. Termination
  14. Disclaimer of warranty
  15. Limitation of liability
  16. Indemnification
  17. Severability
  18. Waiver
  19. Dispute resolution
  20. Assignment
  21. Changes and amendments
  22. Entire agreement
  23. Acceptance of these terms
  24. Contacting us

Age and Eligibility

You must be at least 16 years of age to use the Services. If you are of age under 18 you must have your parent or legal guardian’s permission to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.

Your country’s minimum age for using the Services may be different; in such a case, you are responsible for complying with your country’s laws.

The Services may only be accessed or used through an electronic device controlled by you at all times.

License

On a one-time temporary basis, you are granted a revocable, non-exclusive, non-transferable, limited license to use the Services strictly in accordance with the terms and conditions of this Agreement. The license that is granted to you by the Operator is solely for your personal, non-commercial purposes strictly in accordance with the terms and conditions of this Agreement. Except for the limited access rights expressly granted in this paragraph, you obtain no rights to the Services or Operator’s Intellectual Property Rights by implication, estoppel or otherwise.

License Restrictions

You agree not to, and you will not permit others to:

  1. modify or copy the Services or software contained in the Services;
  2. use the Services for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer the Services;
  4. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit any part of the Services or make the Services available to any third party;
  5. copy or use the Services for any purpose other than as permitted under the above section 'License';
  6. modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Services;
  7. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Services or its affiliates, partners, suppliers or the licensors of the Services;
  8. access or use the Services via a website that is hosted or operated outside of the Web Domain;
  9. access or use the Services via an application programming interface that is hosted or operated outside of the Web Domain; or
  10. "mirror" the Services on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Operator at any time. Upon terminating your use of the Services or upon the termination of this license, you must destroy any downloaded Services in your possession whether in electronic or printed format.

Accounts and membership

If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or Content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content that you submit on the Services in the course of using the Services. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.

Backups

We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms and conditions as set forth in the Agreement, you are prohibited from using the Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts or prohibited uses;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, scripts, trojan horses, worms, malware, timebombs or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet.
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Termination

This Agreement shall remain in effect until terminated by you or the Operator. The Operator may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Operator, in the event that you fail to comply with any provision of this Agreement.

Upon termination of this Agreement, you shall cease all use of the Services and you must destroy any downloaded Services in your possession whether in electronic or printed format.

Termination of this Agreement will not limit any of the Operator’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Intellectual property rights

This Agreement does not transfer to you any intellectual property or Intellectual Property Rights owned by the Operator or third parties. All such Intellectual Property Rights, intellectual property and titles, rights, and interests in and to such intelectual property will remain (as between the parties) solely with the Operator.

We shall own and retain all Intellectual Property Rights, intellectual property and titles, rights, and interests in and to all improvements, enhancements or modifications of the Services.

All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the Operator’s or third party trademarks.

Disclaimer of warranty

You agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property or other violation of rights, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, we provide no warranty or undertaking, and we make no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limitation to the foregoing, we make no representation nor warranty of any kind, whether express, implied, statutory or otherwise:

  1. as to the operation or availability of the Services, or the information, the Content, and materials or products included thereon;
  2. that the Services will meet your requirements;
  3. that the Services will be uninterrupted, timely, secure, or error-free;
  4. as to the accuracy, reliability, or currency of any information or content provided through the Services;
  5. that the Services, the Operator’s servers, the Content, or e-mails sent from or on behalf of the Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components or malicious code;
  6. that the results that may be obtained from the use of the Services; or
  7. as to the accuracy or reliability of any information or Content obtained through the Services;
  8. that defects in the Services can or will be corrected.

You understand and agree that any Content and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such Content and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its partners, affiliates, directors, officers, employees, advisors, agents, suppliers and licensors (if any) be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its partners, affiliates, officers, employees, advisors, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its partners, affiliates, directors, officers, employees, advisors, agents, suppliers and licensors (if any) harmless from and against any liabilities, losses, damages, costs, claims or demands, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to:
(a) your use of the Services;
(b) your Content;
(c) any misconduct on your part;
(d) violation of this Agreement or any law or regulation; or
(e) violation of any right of a third party.

The Operator shall not be obligated to indemnify or defend you with respect to any third party allegations, claims, actions, disputes, or demands arising out of or relating to the Services or your use of the Services.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Switzerland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Switzerland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms and conditions related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also post a notification on our website at our discretion, or provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Entire agreement

This Agreement constitutes the entire agreement between you and the Operator regarding your use of the Services and supersedes all prior and contemporaneous written or oral agreements between you and the Operator.

You may be subject to additional terms and conditions that apply when you use or purchase other Operator’s services, which the Operator will provide to you at the time of such use or purchase.

Acceptance of this Agreement

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing or using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us at:

[email protected]

This document was last updated on 6 July, 2023.