Terms and Conditions of www.cysend.com
This Agreement sets the Terms of Service between CY.TALK SWITZERLAND S.A. (“we”, “us”, “our”), a Swiss company registered at Chamber of Commerce of Geneva under federal number CH-660.0.183.985-7, with registered head office at 7, Place du Rondeau, 1227 Carouge (Geneva), Switzerland, and the User (“you”, “your”) of this website related Services run under the brand CY.SEND.
- This agreement governs both our Service and any our approved or provided devices used with our Services.
- Before you may become a user of our Service, you must read and agree to be bound by our Terms of Service, including the Privacy Statement, additional policies and terms found on the Website such as Frequently Asked Questions section of the Website, which are all incorporated by reference (“the Agreement”).
- By accepting this Agreement, you agree that these Terms of Service and our Privacy statement will apply whenever you use our Service, or when you use any tools we make available to interact with our Service. Some websites, Services, applications, and tools made accessible to you through our Service may have additional or other terms that those third parties impose on you when you use those Website, Services, applications or tools. If you do not agree to be bound as required herein, then you cannot use our Service.
- The cysend.com website (“the Website”) is provided solely for our current and potential users to purchase (“the Service”) digital goods (“the Products”) from cysend.com and may not be used by any other person or entity, or for any other purpose.
- We are a Reseller Only. The Products that you purchase through our Services are issued and activated by participating third-party retailers and Suppliers. The purchase of each Product is governed by certain terms and conditions established by the issuing Supplier. You are responsible for checking the terms and conditions of the product prior to purchasing it. Suppliers can change their Terms and Conditions at any time without prior notification, it is your responsibility to check and abide to the terms and conditions of the Product. We are under no obligation to notify you from any changes of Supplier Terms and Conditions. We are not responsible and do not offer any warranty if the changes of the Supplier's Terms and Conditions affect, but not limited to, your business or work conditions.
"This Website" refers to this website, including its subdomains and any other website through which the Owner makes its Service available; the Application Program Interfaces (API); the Service;
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.
Service Policy
Suppliers may set expiration dates for Products, in addition to other restrictions and requirements depending on the applicable law of your jurisdiction and the promotional nature of certain Products. It is important that you review and familiarize yourself with all applicable Supplier terms and conditions prior to purchasing any Products. If you have questions regarding the applicable Supplier terms, please contact the issuing Supplier. As issuers of the Products, Supplier (and not us) are fully responsible for all aspects of their Product. Suppliers are also responsible for any and all liabilities and costs suffered by you or any other customer caused, directly or indirectly, by such Suppliers or their products or services. We are not responsible for and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of products or services from Suppliers. You release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any damages that you incur and agree not to assert any claims against us arising from your use of products or services from Suppliers. While we strive to work with reputable Suppliers, we have no liability for the sale of the Products and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of the Product to you by a Supplier through the use of any Product or for any Supplier’s failure to honour a Product, and you will need to look solely to such Supplier for any remedy in connection with the foregoing. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Supplier in connection with a Products it provides. Further, neither we nor any Supplier is responsible for lost or stolen Products. The Products you are buying are originally provided by our Suppliers. We test and make sure to the best of our knowledge that the Service is fully functional but cannot provide guarantee for the Service. We provide the Service on a best-efforts basis. Events beyond our control may affect our Service, such as power problems, fluctuations in the internet, your ISP or broadband Service, security, problems with the Supplier or maintenance issues. The Service might be adversely affected if too many people try to use the Network at the same time, we do not warrant that ongoing product delivery will be completed. We will act in good faith to minimize disruptions to your use of and access to our Service. No guarantee is made to you by us that any or all the Service will function. We reserve the right to refuse a purchase from any person, company or any other body where the strict conditions of our security and fraud prevention measures are not met. In some cases, this may mean any purchase is delayed for manual verification and/or processing or could be declined or refunded if deemed appropriate by our internal security team. At our sole discretion, we may refuse to provide any part of our Service to you. Product denominations may be added or removed at any time without prior notice. Fees and costs can change at any time without prior notice and depend on the evolution of the commercial conditions, including but not limited to, currency exchange rate, purchase conditions or payment service providers' charges. You can use the Service to buy Products from your cysend.com user Account (“Account”) as follows: When a payment is processed immediately and confirmed, the credit will be sent usually within seconds although this may take up to 3 days (3) days. We shall not be responsible for any delay or failure to provide the Service for reasons beyond our control, such as but not limited to the clause Restriction of Use. When a Product is purchased, you will be unable to cancel the purchase. You are responsible for entering the correct beneficiary data, including but not limited to, beneficiary account name and/or mobile phone number, delivery address, and bear all charges that result from the purchase of this Product. We are not responsible for any purchase of a Product for an incorrect beneficiary mobile number, account name or address. All purchases are final with no refund or exchange permitted.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website. 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 Website, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be older than 18;
- Minors may only use this Website under parental or adult supervision;
Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service. 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 Website. By registering, Users agree to be fully responsible for all activities that occur under their username and password. In order to use the Service your email address will be used as username with a password. You are responsible for the security and proper use of all passwords and your user name relating to the Service and must take all necessary steps to ensure that all passwords are kept confidential, secure and are used properly. You agree not to divulge your password to any other person, and you agree not to use another person's user name or password. However, you may authorize additional users of your Account subject to them agreeing to be bound by the terms and conditions of this Agreement. If you give your password to another person, either in accordance with this provision or otherwise, you will be deemed to have authorized them to use that password for any and all purposes. You agree that we shall have no liability to you or any other person for any losses or damages that you or anyone else may incur if you disclose your password to any other person, including losses arising out of the re-disclosure of this information by the recipient to another person. You will be able to change your password. If you forget your password, got to the forgot password page. If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of the Service we may:
- require change of your password;
- and/or suspend user names and password access to the Service and notify you accordingly. You must inform us immediately if you believe that any password has become known to any other person or if any password is being or is likely to be used in an unauthorized way. We use secure server software uses industry-standard Secure Socket Layer (SSL) encryption technology. SSL encodes your personal data, including payment information, as it travels over the Internet so that all transactions are secure.
Conditions for account registration
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Service is subject to Account approval at our sole discretion.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By using the tools provided for account termination on this Website. However, termination of the account will not be possible until the subscription period paid for by the User has expired. 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. Your Obligations You will cooperate with all reasonable requests made by us relating to the provision of our Services to you. By registering on the Website, you are obliged to provide very accurate and up-to-date information as prompted by our registration pages, maintain and immediately update your online profile information to keep it accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. For regulatory compliance and security, when you subscribe to our Service, you must give us a valid mobile phone number, a valid email address, a billing address and a payment method that we accept. You must be at least 18 years of age to use our Service. We reserve the right to refuse Service to anyone at any time without prior notice for any reason. If you breach any of your obligations, your Account will be terminated and will you lose all your rights and your balance but still be liable for any breaches or damages. We may, at our sole discretion, terminate your Account for any fraudulent, abusive or otherwise illegal activity, and you may be reported to relevant law-enforcement agencies. You are not permitted to transfer the rights and obligations arising from this Agreement to third parties without our prior written consent. We are entitled to transfer the rights and obligations arising from this Agreement to another partnership affiliated
Availability and Quality of Service
We will use Our best efforts to provide access to the Service 24 hours each day, 7 days per week. Except as provided in clause Maintenance & Upgrades, we will not be liable to You for interruptions to the Service. Content on this Website Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on this Website 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.
Maintenance & Upgrades
Sometimes our Network infrastructure requires to be taken offline for the purpose of maintenance or upgrades. Also, it is possible that emergency maintenance and/or upgrades need to be performed immediately without any notification to ensure the stability, security or availability of our infrastructure. You cannot hold us responsible for the downtime of these events. We reserve the right to ask any third party for assistance.
Rights regarding content on this Website - 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 Website, 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 Website, the User may download, copy and/or share some content available through this Website 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. Access to external resources Through this Website 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 Website 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 Website 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 denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities: Conduct restrictions
- pretending to fulfill any possible condition or requirements for accessing this Website and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
- concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
- manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
- defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
- promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on this Website;
- probing, scanning or testing the vulnerability of this Website, including the services or any network connected to the website, nor breaching the security or authentication measures on this Website, including the services or any network connected to this Website;
- installing, embedding, uploading or otherwise incorporating any malware into or via this Website;
- using this Website or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Website or the Service;
- pretending to purchase any Products offered via this Website without any real intent to do so;
- failing to pay for Products purchased;
Excessive use of the Service
- using a resource of this Website excessively in relation to other Users of this Website – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;
Excessive use of the API
- sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;
Scraping
- adopting any automated process to extract, harvest or scrape information, data and/or content from this Website and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;
Commercial use restrictions
- registering or using this Website in order to promote, sell or advertise products or services of any kind in any way;
- indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Website or that this Website has endorsed the User, the User’s products or services or any third party's products and services for any purpose; “Tell-a-friend” This Website gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Website. To explore all applicable details and conditions, Users may consult the dedicated terms and conditions inside the respective section of this Website. The Owner reserves the right to end the offer at any time at its own discretion. API usage terms Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:
- the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
User Submissions
Certain areas of the Website (e.g., chat rooms or customer ratings, FAQ, News and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, (“materials”) (each, a “User Submission”). By submitting a User Submission, you grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to use the Content that you submit, subject to the Privacy Statement, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or Service). We may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. We do not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that we will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. By submitting any User Submission, you represent and warrant that:
- You own your User Submission, have the right to grant the rights and licenses set forth in these Terms of Use;
- Your User Submission and use of your User Submission does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- You agree to pay for all royalties, fees, and any other monies owed by reason of your User Submission on or through the Service;
- You have the legal right and capacity to enter into this Agreement in your jurisdiction.
- Your User Submission is not, and may not, reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
- publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
- disseminating or publishing any content that is false or may create unjustified alarm;
- using this Website to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
- using this Website to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
- publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Website or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.; We do not accept ideas, concepts, or techniques for new Services or products through us. If such information is received, it will not be considered confidential and we will be deemed free to use, communicate and exploit such information in any manner we choose. Ideas We do not accept ideas, concepts, or techniques for new Services or products through us. If such information is received, it will not be considered confidential and we will be deemed free to use, communicate and exploit such information in any manner we choose. TERMS AND CONDITIONS OF SALE
Billing and Payment
By purchasing any Product, you authorize us to take the relevant payment from the payment method that you have provided. We may set an upper limit of total amounts you may order and reserve the right to amend this limit at any time without notifying you. All purchases are final and non-refundable regardless of who does the purchases, and regardless of whether the purchases were done with your consent or knowledge. Our currencies rates are updated regularly and may not necessarily reflect the current market values. We reserve the right to charge fees to provide you the Service should we need to buy or sell other currencies. Our rates, fees and charges are published on our website. Rates can change at any time and be effective from any date. If there are changes in tax rates or other duty rates, it entitles us to change our rates immediately and without any prior notice, you will not be entitled to any refunds. The availability of our Services and/or rates may vary from country to country. We are not responsible for your payment method delaying or denying a payment. Where a payment is declined, you will be responsible for any additional fees and charges. We reserve the right to charge for our free of charges services or for any abuse of our free services. Such charges will be disclosed to you prior. Your billing is based on the Website records. We reserve the right to make adjustments to your billing in case of billing errors. This also includes but not limited to, system errors, billing bugs, malicious modifications, hacking, bug exploits. You are required to notify us if you notice billing bugs or billing errors while using our Service. We do not round cents: we use two-digits accounting. We do not give credit allowances or refunds for the Service. You are responsible for the use of our Services at all times, even by unauthorized persons. In particular, they must pay the charges incurred for the use of our Service. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires; your billing address changes; your email address changes; your mobile phone number changes; your payment method is cancelled or replaced because of loss or theft. Prior to delivering our Service we charge our Service amount to your selected payment method then try to perform our Service as stated in this Agreement. If the delivery of our Service shall fail for any reason the amount charged on your payment method will be added to your Account minus the payment method fees. You can then dispose of this amount to purchase Services or request a refund from us. You can see all your billing reports on the Website. If we disconnect your Service, you will remain liable to us for all charges under this Agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees. SND or SENDS Check the dedicated SND T&C Restriction of Use The Service is destined to an end consumer. You must not resell or attempt to resell our Service (or any part of it) to any third party or attempt to exploit our Service for any commercial purposes unless you sign up as a merchant from our business section. If you do use the Service for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Service is faulty or cannot be used by them. You agree not to use the Website (including, without limitation, any Materials or Services you may obtain through your use of the Website): in an unlawful manner, in contravention of any applicable legislation or license; in a way that does not comply with any instructions that we have given to you; to stalk, harass, or harm another individual; fraudulently or in connection with a criminal offense; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; attempt to use our Service for tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, and you must make sure that this does not happen; Holding multiple accounts in order to bypass account, transaction, or amount limitations will result in immediate termination of all accounts; or to interfere with or disrupt the Website or servers or networks connected to the Website. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means; You also agree not to produce a false document, falsify a genuine document, use the genuine signature or mark of another to produce a false document, falsely certify or cause to be falsely certified a fact of legal significance or, make use of a false or falsified document in order to deceive. Otherwise, you will be liable to a custodial sentence not exceeding five years or to a monetary penalty (Art.251, Swiss Criminal Code of December 21st, 1937, SR 311.0). You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party.
Infringement or Breach of the Agreement
We can suspend the Service or terminate this Agreement (or both) immediately and without prior notice if:
- you breach this Agreement;
- you infringe a Restriction of Use;
- one or more than one payment resulting from your purchase that cannot be collected successfully by us;
- payments successfully collected by us from your purchase that are subsequently disputed by you or the payment processor;
- Aggregation of transactions using multiple related accounts in order to bypass limitations We may seek to recover any outstanding payments or payments that have failed collection for which you will remain liable. If we suspend the Service, it will not be restored until you satisfy us that the Service will only be used in accordance with this Agreement. If the Service is suspended because of a breach of this Agreement by you, this Agreement will still continue. Provision of personal data To access or receive some of the Products provided via this Website as part of the Service, Users may be required to provide their personal data as indicated on this Website.
Paid Products
Some of the Products provided on this Website, as part of the Service, are provided on the 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 Website. To purchase Products, the User must register or log into this Website. Product description Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice. While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website 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 Website are displayed:
- either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing. Offers and discounts The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website. Offers and discounts are always granted at the Owner’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified. Coupons Offers or discounts can be based on Coupons. If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests. Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail. Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods are 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 Website. All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. 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. Virtual Currency for exclusive use inside this Website On this Website certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values. By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within this Website for the purposes expressly authorized by the Owner within the framework of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Service. Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by the Owner through this Website. Any such prohibited use or transaction shall be considered null and void and could result in legal action being taken against the User. In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and no refund shall be granted.
Authorization for future PayPal payment
If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases. This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal. 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. Retention of usage rights Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery
Delivery of digital content Unless otherwise stated, digital content purchased on this Website is delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Subscriptions
Trial period Users have the option to test this Website or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Website may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on this Website. The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires. Subscriptions Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below. Open-ended subscriptions Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions. Termination of open-ended subscriptions Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application. Terminations shall take effect 1 days after the notice of termination has been received by the Owner.
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.
The right of withdrawal does not apply on this Website Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this Website due to the nature of its offering. 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.
The right to cancel does not apply on this Website Users acknowledge and accept that the right to cancel does not apply to contracts concluded over this Website due to the nature of its offering. 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.
The right of regret does not apply on this Website Users acknowledge and accept that the right of regret does not apply to contracts concluded over this Website due to the nature of its offering.
Guarantees
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 Website (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 Website. The warranty may be claimed through the contact channels provided by this Website. 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 Website. 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.
EU Users
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 for User activities on this Website Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in this Website. The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.
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 Website 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. In particular, within the limits stated above, the Owner shall not be liable for:
- any losses that are not the direct consequence of a breach of the Terms by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of this Website due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
- any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Website. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Website. Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers: In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter. 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 of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This Website 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, co-branders, 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 Website 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 Website. 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 Website 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 Website 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. The Owner will appropriately inform the User of upcoming changes 15 days before they come into 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 Website must be sent using the contact information stated in this document.
Termination
You are entitled to terminate this Agreement at any time by informing us. If you do not use our Service for a period of 365 days, this Agreement will be deemed to be terminated by you, and our Service will be discontinued. Upon termination, your right to use the Website terminates. We are entitled to terminate this Agreement for Services subject to notice for due cause, or immediately where you are in breach of your obligations under this Agreement such as, but not limited to: where you are suspected of involvement in fraud. If your Account has a positive balance, you will be entitled to spend the remainder of your balance for one 365 days period after the last authorization event to your Account.
Website Termination
Except as set elsewhere; we may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Website at any time. If you breach any of these terms, your authorization to use the Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Modifications
We reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of our Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and incorporated into the Agreement. Notwithstanding the preceding two sentences, in the event any such Additional Terms materially alters your rights hereunder, we will attempt to notify you such as through a message sent to the email address you provided upon registration or a popup window when you log in to the Websites, such modified Terms will be effective upon the earlier of your use of our Service with actual knowledge of the changes or 7 days after the changes are posted to the Websites, and no modifications to these Terms will apply to any dispute between you and us that arose prior to the date of such modification. Your continued use of our Service following the posting of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Exclusions and Liability
Our Products and Service are offered on an “as is” basis, and we make no express or implied warranties with respect to our Services, Products and/or any Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in the Agreement. You also recognize that our Service may, from time to time, be adversely affected by events outside our control, including without limitation congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection. If the supply of our Services and Products is prevented or delayed by any act or omission caused by you or any third party, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from any such prevention or delay. In any event our liability to you under this Agreement shall not exceed EUR100 (one hundred) in all circumstances. Nothing in these terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these terms affects the statutory rights of you as a consumer. We are not liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in the Agreement, negligence or tort, including without limitation to any losses in relation to: the deletion, with or without notice or cause, of any of your data or information stored on the Product and/or Services; your use of, reliance upon or inability to use our, Product, Services and/or Materials; any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the or Product and/or Services at any time; or the removal from the Product and/or Services of any material sent or posted by you on or via our Services and/or the blocking or suspension of your access to our Services or any part thereof in accordance with the Agreement.
Intellectual Property Rights
Any and all our names, trademarks, copyright, brands and logos belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy our names, trademark, pictures, brands and logos, or copy any of our manuals or documentation. We grant you as a user a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by us strictly for the proper use of our Services, in accordance with, and for the duration of, the Agreement. We or our licensor fully retain the rights to all corresponding IP rights. If you infringe the IP rights of third parties and we are held liable, you shall hold harmless and indemnify us in full against any such claims.
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. Authoritative version of these Terms These Terms are drawn up and revised in English. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail. 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: Geneva, Switzerland
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.
Exception for Consumers
The above does not apply to Users qualifying as Consumers.
UK Consumers Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
US Users Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Surviving provisions Do US users
This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
- the User’s grant of licenses under these Terms shall survive indefinitely;
- the User’s indemnification obligations shall survive for a period of five years from the date of termination;
- the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
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 Website 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 to the Owner by using the dedicated section of this Website and following the instructions provided. The Owner will process the request without undue delay and within 14 days of receiving it. Online dispute resolution for Consumers The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts. As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link. Definitions and legal references
This Website
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
Business User
Any User that does not qualify as a Consumer.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Digital Product
Is a Product that consists of:
- content produced and supplied in digital form; and/or
- a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of this Website.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
Product
A good or service available for purchase through this Website, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
United Kingdom (or UK)
Applies where a User, regardless of nationality, is in the United Kingdom.
User (or You)
Indicates any natural person or legal entity using this Website.
Virtual Currency
A non-monetary asset by which Users may purchase specific Products offered on this Website under the conditions specified by the Owner. Such assets can be manifested by codes, tokens, digital images etc.
Consumer
Consumer is any User qualifying as such under applicable law.
Latest update: November 17, 2023