Introduction
These Terms govern
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
Adceptional Marketing Inc. , 68 Abell Street, Suite 351, Toronto, ON
Owner contact email: daniel@optismarketing.com
What the User should know at a glance
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
- The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using this Application, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
Account registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application – All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to this Application:
upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
- if a notice of infringement of intellectual property rights is received;
- if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
- upon order of a public authority; or
- where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Provision of personal data
To access or receive some of the Products provided via this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.
Paid Products
Some of the Products provided on this Application, as part of the Service, are provided onthe basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this
Application does not collect any payment information – such as credit card details – but
only receives a notification once the payment has been successfully completed. The User
may read the privacy policy of this Application to learn more about the data processing and
Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service
provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment
fails or is refused, the Owner reserves the right to claim any related expenses or damages
from the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered
shall not become the User’s property.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the
order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without
undue delay, using the contact details provided in this document or as described in the
delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this
Application.
Delivery times are specified on this Application or during the purchasing process.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or
incompleteness in the execution of the purchase order by the User, nor for any damages or
delays after handover to any carrier arranged by the User and not offered or recommended
by the Owner.
If the goods are not received or collected at the time or within the deadline specified, the
goods will be returned to the Owner, who will contact the User to schedule a second
delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the
User’s expense.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the
period specified below (generally 14 days), for any reason and without justification. Users
can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers
are granted a statutory withdrawal right under EU rules, to withdraw from contracts
entered into online (distance contracts) within the specified period applicable to their
case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this
section. The Consumer shall only be liable to the Seller for any diminution in the value of
the goods resulting from handling the goods in a manner other than that necessary to
acquaint him with the nature, characteristics and functionality of the goods.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal
statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the
“definitions” section of this document. Users are, however, free to express their intention
to withdraw from the contract by making an unequivocal statement in any other suitable
way. In order to meet the deadline within which they can exercise such right, Users must
send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
- Regarding the purchase of goods, the withdrawal period expires 14 days after the
day on which the User or a third party – other than the carrier and designated by the
User – takes physical possession of the goods. - Regarding the purchase of several goods ordered together but delivered
separately or in case of purchase of a single good consisting of multiple lots or
pieces delivered separately, the withdrawal period expires 14 days after the day on
which the User or a third party – other than the carrier and designated by the User –
acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all
payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method
other than the least expensive type of standard delivery offered by the Owner, will not be
reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14
days from the day on which the Owner is informed of the User’s decision to withdraw from
the contract. Unless otherwise agreed with the User, reimbursements will be made using
the same means of payment as used to process the initial transaction. In any event, the
User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or
hand them over to the Owner, or to a person authorized by the latter to receive the goods,
without undue delay and in any event within 14 days from the day on which they
communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as
indicated above, before the expiration of the 14-days-period for returning the goods. The
reimbursement may be withheld until reception of the goods, or until Users have supplied
evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling
of the goods outside of that which is necessary to establish their nature, characteristics
and functioning.
The costs of returning the goods are borne by the User.
UK User rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal
right of cancellation under UK law and may be eligible to withdraw from contracts made
online (distance contracts) within the period specified below (generally 14 days), for any
reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this
section. Users can learn more about the cancellation conditions within this section.
Exercising the right to cancel
To exercise their right to cancel, Users must send to the Owner an unequivocal statement
of their intention to withdraw from the contract. To this end, Users may use the model
withdrawal form available from within the “definitions” section of this document. Users
are, however, free to express their intention to withdraw from the contract by making an
unequivocal statement in any other suitable way. In order to meet the deadline within
which they can exercise such right, Users must send the withdrawal notice before the
cancellation period expires.
When does the cancellation period expire?
- Regarding the purchase of goods, the cancellation period expires 14 days after the
day on which the User or a third party – other than the carrier and designated by the
User – takes physical possession of the goods. - Regarding the purchase of several goods ordered together but delivered
separately or in case of purchase of a single good consisting of multiple lots or
pieces delivered separately, the cancellation period expires 14 days after the day on
which the User or a third party – other than the carrier and designated by the User –
acquires physical possession of the last good, lot or piece.
Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by the Owner for all
payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method
other than the least expensive type of standard delivery offered by the Owner, will not be
reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14
days from the day on which the Owner is informed of the User’s decision to withdraw from
the contract. Unless otherwise agreed with the User, reimbursements will be made using
the same means of payment as used to process the initial transaction. In any event, the
User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or
hand them over to the Owner, or to a person authorized by the latter to receive the goods,
without undue delay and in any event within 14 days from the day on which they
communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as
indicated above, before the expiration of the 14-days-period for returning the goods. The
reimbursement may be withheld until reception of the goods, or until Users have supplied
evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling
of the goods outside of that which is necessary to establish their nature, characteristics
and functioning.
The costs of returning the goods are borne by the User.
Brazilian User rights
Right of regret
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a
legal right of regret under Brazilian law. This means that the Consumer has the right to
withdraw from contracts made online (distance contracts or any contract signed away
from business premises) within seven (7) days of the date the contract was entered into or
the receipt of the product or service, for any reason and without justification. Users that do
not qualify as Consumers, cannot benefit from the rights described in this section. The
right of regret may be exercised by the Consumer via contact channels listed at the
beginning of this document and in accordance with the guidelines in this section.
Exercising the right of regret
To exercise their right of regret, Users must send to the Owner an unequivocal statement of
their intention to withdraw from the contract. To this end, Users may use the model
withdrawal form available from within the “definitions” section of this document. Users
are, however, free to express their intention to withdraw from the contract by making an
unequivocal statement in any other suitable way. In order to meet the deadline within
which they can exercise such right, Users must send the regret notice before the regret
period expires. When does the regret period expire?
- Regarding the purchase of goods, the regret period expires seven (7) days after the
day on which the User or a third party designated by the User – other than the carrier
– receives the goods. - Regarding the purchase of several goods ordered together but delivered
separately, or in case of the purchase of a single good consisting of multiple lots or
pieces delivered separately, the regret period expires seven (7) days after the day on
which the User or a third party designated by the User – other than the carrier
receives the last good, lot or piece.
Effects of regret
Users who correctly withdraw from a contract will be reimbursed by the Owner for all
payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method
other than the least expensive type of standard delivery offered by the Owner, will not be
reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14
days from the day on which the Owner is informed of the User’s decision to withdraw from
the contract or the actual return of the product, whichever occurs later. Unless otherwise
agreed with the User, reimbursements will be made using the same means of payment as
used to process the initial transaction. In any event, the User shall not incur any costs or
fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or
hand them over to the Owner, or to a person authorized by the latter to receive the goods,
without undue delay and in any event within 14 days from the day on which they
communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as
indicated above, before the expiration of the 14-day period for returning the goods. The
reimbursement may be withheld until receipt of the goods, or until Users have supplied
evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling
of the goods outside of that which is necessary to establish their nature, characteristics
and functioning.
The costs of returning the goods are borne by the Owner.
Guarantees
Legal guarantee of conformity for goods under EU law
Under EU law, for a minimum period of 2 years from delivery, traders guarantee the
conformity of the goods they sell to Consumers.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods
applies to the items available on this Application in accordance with the laws of the
country of their habitual residence.
National laws of such country may grant Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of
conformity rights in accordance with the legislation of the country of their habitual
residence.
Conformity to contract for Consumers in the United Kingdom
Users in the United Kingdom qualifying as Consumers have a right to receive goods that are
in conformity with the contract.
Legal guarantee of conformity for goods for Consumers in Brazil
The legal guarantee applicable to goods sold by this Application (both physical and digital)
complies with the following terms, according to the Consumer Protection Code:
- non-durable goods shall have a thirty-day (30 day) guarantee; and
- durable goods shall have a ninety-day (90 day) guarantee.
The warranty period starts from the date of goods delivery.
The warranty is not applicable in cases of misuse, natural events or if it has been subjected
to any maintenance other than that provided by this Application.
The warranty may be claimed through the contact channels provided by this Application.
The Owner shall bear the costs of shipping the goods for technical assessment, if
necessary.
The Owner, at its own discretion, may also offer a contractual warranty in addition to the
legal warranty. The regulations applicable to contractual warranties can be found in the
specifications provided by this Application. If no such information is provided, only the
statutory provisions shall apply.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages
in connection with the execution of the Agreement shall be excluded, limited and/or
reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners and employees harmless from and against any
claim or demand — including but not limited to lawyer’s fees and costs — made by any
third party due to or in relation with any culpable violation of these Terms, third-party rights
or statutory provisions connected to the use of the Service by the User or its affiliates,
officers, directors, agents, co-branders, partners and employees to the extent allowed by
applicable law.
The above also applies to any claims exercised by third parties (including but not limited to
the Owner’s clients or customers) against the Owner related to Digital Products provided
by the User such as, for instance, conformity claims.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall
have no right to claim damages against the Owner (or any natural or legal person acting on
its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from
the breach of material contractual obligations such as any obligation strictly necessary to
achieve the purpose of the contract, and/or damages resulting from intent or gross
negligence, as long as this Application has been appropriately and correctly used by the
User.
Unless damages have been caused by way of intent or gross negligence, or they affect life,
health or physical integrity, the Owner shall only be liable to the extent of typical and
foreseeable damages at the moment the contract was entered into.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty,
right or remedy which the User may have under the Competition and Consumer Act 2010
(Cth) or any similar state and territory legislation and which cannot be excluded, restricted
or modified (non-excludable right). To the fullest extent permitted by law, our liability to the
User, including liability for a breach of a non-excludable right and liability which is not
otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the reperformance of the services or the payment of the cost of having the services supplied
again.
US Users
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the
Service is at Users’ own risk. To the maximum extent permitted by applicable law, the
Owner expressly disclaims all conditions, representations, and warranties — whether
express, implied, statutory or otherwise, including, but not limited to, any implied
warranty of merchantability, fitness for a particular purpose, or non-infringement of
third-party rights. No advice or information, whether oral or written, obtained by the
User from the Owner or through the Service will create any warranty not expressly
stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors,
officers, directors, agents, co-branders, partners, suppliers and employees do not
warrant that the content is accurate, reliable or correct; that the Service will meet
Users’ requirements; that the Service will be available at any particular time or
location, uninterrupted or secure; that any defects or errors will be corrected; or that
the Service is free of viruses or other harmful components. Any content downloaded
or otherwise obtained through the use of the Service is downloaded at Users’ own risk
and Users shall be solely responsible for any damage to Users’ computer system or
mobile device or loss of data that results from such download or Users’ use of the
Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any
product or service advertised or offered by a third party through the Service or any
hyperlinked website or service, and the Owner shall not be a party to or in any way
monitor any transaction between Users and third-party providers of products or
services.
The Service may become inaccessible or it may not function properly with Users’ web
browser, mobile device, and/or operating system. The owner cannot be held liable for
any perceived or actual damages arising from Service content, operation, or use of
this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and
limitations of certain implied warranties. The above exclusions may not apply to
Users. This Agreement gives Users specific legal rights, and Users may also have
other rights which vary from state to state. The disclaimers and exclusions under this
agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and
its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers
and employees be liable for:
- any indirect, punitive, incidental, special, consequential or exemplary
damages, including without limitation damages for loss of profits, goodwill,
use, data or other intangible losses, arising out of or relating to the use of, or
inability to use, the Service; and - any damage, loss or injury resulting from hacking, tampering or other
unauthorized access or use of the Service or User account or the information
contained therein; - any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from
User access to or use of the Service; - any unauthorized access to or use of the Owner’s secure servers and/or any
and all personal information stored therein; - any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or
through the Service; - any errors or omissions in any content or for any loss or damage incurred as a
result of the use of any content posted, emailed, transmitted, or otherwise
made available through the Service; and/or - the defamatory, offensive, or illegal conduct of any User or third party. In no
event shall the Owner, and its subsidiaries, affiliates, officers, directors,
agents, co-branders, partners, suppliers and employees be liable for any
claims, proceedings, liabilities, obligations, damages, losses or costs in an
amount exceeding the amount paid by User to the Owner hereunder in the
preceding 12 months, or the period of duration of this agreement between the
Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in
the applicable jurisdiction whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if the User has been advised of the
possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, therefore the above limitations or exclusions may not apply
to the User. The terms give User specific legal rights, and User may also have other
rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and
limitations of liability under the terms shall not apply to the extent prohibited by
applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers and employees
harmless from and against any and all claims or demands, damages, obligations,
losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees
and expenses, arising from
- User’s use of and access to the Service, including any data or content
transmitted or received by User; - User’s violation of these terms, including, but not limited to, User’s breach of
any of the representations and warranties set forth in these terms; - User’s violation of any third-party rights, including, but not limited to, any right
of privacy or intellectual property rights; - User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access
with User’s unique username, password or other security measure, if
applicable, including, but not limited to, misleading, false, or inaccurate
information; - User’s wilful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, cobranders, partners, suppliers and employees to the extent allowed by
applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a
waiver of any such right or provision. No waiver shall be considered a further or continuing
waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the
Service for maintenance, system updates or any other changes, informing the Users
appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service
altogether. If the Service is discontinued, the Owner will cooperate with Users to enable
them to withdraw personal data or information and will respect Users’ rights relating to
continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s
reasonable control, such as “force majeure” events (infrastructural breakdowns or
blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this
Application and of its Service without the Owner’s express prior written permission,
granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of
this Application.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property
rights, such as copyrights, trademark rights, patent rights and design rights related to this
Application are the exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties relating to intellectual
property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks,
word marks, illustrations, images, or logos appearing in connection with this Application
are, and remain, the exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties related to intellectual
property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In
such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated
to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised
Terms. If Users do not wish to be bound by the changes, they must stop using the Service
and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance.
The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will
take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any
or all rights or obligations under these Terms, taking the User’s legitimate interests into
account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way,
without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent using the contact
information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under
applicable law, the invalidity or unenforceability of such provision shall not affect the
validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to
the extent reasonably required to render it valid, enforceable and consistent with its
original intent. These Terms constitute the entire Agreement between Users and the Owner
with respect to the subject matter hereof, and supersede all other communications,
including but not limited to all prior agreements, between the parties with respect to such
subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the
parties shall do their best to find, in an amicable way, an agreement on valid and
enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular
provision of these Terms shall not nullify the entire Agreement, unless the severed
provisions are essential to the Agreement, or of such importance that the parties would not
have entered into the contract if they had known that the provision would not be valid, or in
cases where the remaining provisions would translate into an unacceptable hardship on
any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed
in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in
provides for higher applicable consumer protection standards, such higher standards shall
prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is
commercialized in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to
these Terms lies with the courts of the place where the Owner is based, as displayed in the
relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to
Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any
controversy regarding the use of this Application or the Service, Users are kindly asked to
contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the
details of the related order, purchase, or account, to the Owner’s email address specified
in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.