Terms and conditions
General terms and conditions of business
Introduction
These Terms and Conditions apply to
- the use of the Service and access to this Application, and
- any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are requested to read this document carefully.
This application is offered by:
Oliver Grünwald / CryptoOnTheWall / Walserfeldstraße 38 5071 Wals
Provider's email address: team@cryptoonthewall.at
“This Application” refers to
- this website, including its subdomains and any other website through which the provider makes the service available;
- the application program interfaces (API);
The most important things at a glance
- The Service/Application is available only to consumers.
- Access to this Application and Service is age restricted. For details, please refer to the relevant section of this document.
- The right of withdrawal is only available to European consumers.
TERMS OF USE
Unless otherwise specified, the terms and conditions set out in this section apply when accessing this Application.
Separate or additional terms of use or access may be applicable in certain circumstances and will be expressly stated in this document in such cases.
By using the Service, Users confirm that they comply with the following conditions:
- Users must act as consumers;
- Users must be over 16
Product safety according to GPSR
"Under the General Product Safety Regulation (GPSR), which applies in the EU and Northern Ireland from December 13, 2024, we ensure that all products comply with applicable safety standards.
Our products are manufactured by Gelato AS, Oslo, Norway. Gelato AS, as the manufacturer, is responsible for the quality and safety of the products. Safety instructions, care instructions and additional product information are provided in the respective product descriptions.
Please note that our customer service is available for questions or concerns regarding product security at team@cryptoonthewall.at."
Our products are manufactured and shipped by our partner Gelato AS, Oslo, Norway. All products comply with the applicable EU safety standards (GPSR). Safety instructions and care instructions can be found in the respective product descriptions."
account creation
To use the Service, Users may register or create a User Account by providing all required data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in limited availability of certain functions.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible for this application.
By registering, users agree to be responsible for all actions that occur in connection with their username and password.
Users are obliged to immediately and unambiguously inform the Owner, using the contact details provided in this document, if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.
termination of the user account
User accounts can be deleted at any time as follows:
- By contacting the provider directly using the contact details provided in this document.
blocking and deletion of the user account
The provider reserves the right to block or delete user accounts that it deems inappropriate or offensive or that, in its sole discretion, violate these Terms and Conditions at any time and without prior notice.
The blocking or deletion of user accounts does not give rise to any claims for damages, indemnification or reimbursement for the user.
The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Content available through this application
Unless otherwise specified or clearly indicated, all content available through this Application is the property of the Owner and is provided by the Owner or its licensors.
The Owner makes every effort to ensure that the Content made available through this Application does not violate any applicable laws or the rights of third parties, but it is not always possible to achieve this result.
In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (extra)judicially remains unaffected.
Rights to the content available through this application
All rights to the contents are reserved to the provider.
Users may only use the content to the extent necessary or – even implicitly – intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer, sell or license the content, or enable third parties - even without the user's knowledge - to carry out the aforementioned actions via their own device.
Where expressly stated on this Application, the User may download, reproduce and/or distribute selected content available through this Application for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the Owner are correctly displayed.
Legal restrictions or exceptions remain unaffected.
access to external resources
Users may, through this Application, access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and, therefore, is not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted arise from the contractual provisions of each third party or, alternatively, from the applicable legal provisions.
Permitted Use
This application and the service may only be used for their intended purpose and in accordance with these Terms and Conditions and the applicable legal provisions.
Users are solely responsible for ensuring that their access to this application and/or use of the service does not violate any laws, regulations or the rights of third parties.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Application or the Service, terminating contracts, reporting any objectionable activities taking place through this Application or the Service to the competent authorities - such as judicial or administrative authorities -, when Users are proven or suspected to:
- violate any legal provisions, regulations or these Terms and Conditions; or
- infringe the rights of third parties; or
- significantly affect the legitimate interests of the provider; or
- insult the provider or a third party.
software license
All rights to the software or technical solutions on which this application is based, or which are embedded, integrated or connected thereto, belong exclusively to the provider and/or its licensors.
Provided that the user complies with these Terms and Conditions and notwithstanding any deviating provisions of these Terms and Conditions, the provider grants the user only a freely revocable, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated into the service within the scope and for the purposes of the intended use of the service offered.
In particular, users are not granted any right to access the source code or to use or distribute the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all associated documentation belong exclusively to the provider or its licensors.
All grants of rights and licenses shall automatically lapse upon termination of the Agreement, regardless of the reason.
API Terms of Use
Users may access their Data relating to this Application through the Application Programming Interface (API). Any use of the API, including use of the API by a third-party product/service, is subject to these Terms and Conditions and the following additional terms:
- The User expressly acknowledges and accepts that the Provider shall not be liable for any damages or losses resulting from the User’s use of the API or the use of third-party products/services that access data via the API.
TERMS OF SALE
provision of personal data
The use of this application requires the collection of personal data. Further information on the processing and use of data as well as on the rights of users according to the GDPR can be found in the [privacy policy] (link to the privacy policy).
In order to access or obtain some of the products provided as part of this service through this Application, Users may be required to provide their Personal Data in accordance with the requirements indicated on this Application.
Paid products
Some of the products available through this Application as part of the Service are subject to payment.
Prices, terms and other conditions applicable to the purchase of such products are described below. For further details, please refer to this Application and the relevant sections.
product description
Prices, descriptions and availability of products are available in the relevant areas of this Application and are subject to change without notice.
Although products are presented through this application with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the product purchased.
The characteristics of the selected product will be explained during the purchase process.
purchase process
All steps from selecting a product to placing the order are part of the purchasing process.
The purchase process includes the following steps:
- The user selects the desired product from the range and checks his or her own product selection.
- After checking the details of the product selection, the user can place the order by sending it to the provider.
placing the order
When the user places an order, the following applies:
- The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses in accordance with the information on the order page.
- If information is required from the user, such as personal information or data, specifications or special requests, the placing of the order creates an obligation on the part of the user to cooperate accordingly.
- After placing the order, users will receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the email address provided by the User for this purpose.
prices
Users will be informed of all fees, taxes and charges (including any shipping costs) they will be liable for during the purchase process and before placing their order.
Prices are displayed via this application as follows:
- either exclusive of or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.
payment methods
Ownership of the ordered products only passes to the buyer after full payment. Accepted payment methods are credit card, PayPal, Klarna and debit card.
Information about accepted payment methods will be provided again during the purchase process.
Some payment methods may be available subject to additional conditions or fees. In such cases, the relevant information can be found in the relevant section of the Service (this Application).
All payments are processed through third-party providers. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification when the payment is successfully completed. The User can read the privacy policy of this Application to learn more about data processing and his rights regarding his data.
If payment through the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. If a payment fails or is rejected, the provider reserves the right to claim all related costs or damages from the user.
retention of title
The ordered products only become the property of the user once the provider has received payment of the entire purchase price.
Delivery
Deliveries will be made to the address provided by the user and in the manner specified in the order overview.
Upon delivery, Users should check the contents of the delivery and immediately report any discrepancies using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
This application describes in the relevant section the countries or territories to which the goods will be delivered.
This application also describes the corresponding delivery times, or alternatively these can be specified during the purchasing process.
Unsuccessful delivery
The provider is not liable for delivery errors due to inaccuracies or incompleteness when executing the order by the user, nor for damages or delays after delivery to the carrier if the latter was commissioned by the user and was not recommended or provided by the provider.
If the goods are not received at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss the next steps.
Unless otherwise agreed, the user shall bear the costs for each subsequent delivery attempt from the second delivery attempt onwards.
user rights
right of withdrawal
Unless there are exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can learn more about the withdrawal conditions.
The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
- Contracts for the supply of digital content which is not supplied on a tangible medium, where the consumer has consented to the performance of the contract beginning before the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he will lose his right of withdrawal.
A sample cancellation form is available under the following link: "Cancellation form "
To whom the right of withdrawal applies
Under EU law, European consumers have a legal right of withdrawal from contracts concluded online (distance contracts). They can withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.
For users who are not European consumers, the rights set out in this section do not apply. The consumer's liability towards the seller is only for any diminished value of the goods resulting from handling of the goods other than that necessary to familiarise him with the nature, characteristics and functioning of the goods.
exercise of the right of withdrawal
To exercise his right of withdrawal, the User must provide the Provider with an unambiguous declaration stating his decision to withdraw.
For this purpose, Users may use the model withdrawal form available in the "Definitions" section of this document. However, Users are free to express their decision to withdraw by means of an unambiguous statement in any other appropriate way. In order to meet the deadline for exercising this right, the User must send the withdrawal notice before the withdrawal period has expired.
When does the cancellation period expire?
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When purchasing goods, the withdrawal period expires 14 days after the day on which the user or a third party other than the carrier designated by him takes possession of the goods.
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When purchasing several goods in one order which are then delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party other than the carrier designated by him takes possession of the last delivered goods, last batch or last part.
effects of revocation
Users who properly withdraw from a contract will be reimbursed for all payments made to the provider, including delivery costs, if applicable.
However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.
The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider will make the refund using the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.
...when purchasing goods
The user must return or hand over the goods to the provider or to a person authorized by the provider to receive the goods immediately and in any event no later than 14 days from the date on which he notified the provider of his decision to withdraw from the contract, unless the provider has offered to collect the goods himself.
The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or otherwise returns the goods as stated above. The provider can refuse repayment until he has received the goods back or until the user has provided evidence that he has returned the goods, whichever is earlier.
The user is only liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties 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 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 user.
Direitos do Usuário brasileiro
Direction of Pensions
Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão or direito legal de arrependimento de acordo com a legislação brasileira. It is significant that the Consumidor tem o direct de rescindir os contracts online (contratos à distance ou celebrados fora do estabelecimento commercial) por qualquer motivo e sem justificativa, no prazo de 7 (sete) dias a contar da data da celebração do celebração do contrato ou do receive the product or service. Users who do not qualify as consumers cannot benefit from the directives established in the nest. O direct de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contacto indicados no início de te documento e de acordo com as orientações desta seção.
Exercício do direct de arrependimento
Para exercer or direction de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequivoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção “definições” of the documento. No entanto, os uários são livres para expressar sua vontade de rescindir or contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar or prazo estabelecido para o exercício de tal direito, os Usuários devem enviar or aviso de arrependimento antes do fim do prazo. When to terminate or when to arrive?
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The relay to compare the products is within 7 (set) days of receiving the data of the product used or the third part designed for the product that is not connected to the transporter.
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No case of compra de múltiplos products encomendados em conjunto mas entregues de forma separada, or no case de compra de um único produto constituído por diversos lotes ou peças entregues de forma separada, or prazo de arrependimento é de 7 (sete) dias após a Data from the receipt of the latest product, lot or part of the head of the user or the third design of the head of the user which is not connected to the transporter.
effects of retirement
Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por allos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.
No entanto, not serão reembolsados quaisquer custos adicionais resultsantes da escolha de um método de entrega específico que not seja or tipo de entrega padrão mais barato oferecido pelo Proprietário.
This reembolso has been realized with the demora injustificada e no prazo maximo de 14 (catorze) dias, a contact with the dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, or que ocorrer por último. Salvo se acordado de outra form com o Suário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processingar a transação initial. The use cannot be corrected in the quaisquer custos or taxes in the razão de tal reembolso.
…na compra de produtos físicos
Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário ou a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data The communication decides to rescind the contract.
This is the product that is intended to be transported or devolved, according to the indication of acima, before the year of 14 (catorze) dias estipulado para devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.
The users are responsible for reducing the value of the products as a result of the manual use and the need for a guarantee of nature, characteristics and functionality.
Os custos de volução dos produtos serão arcados pelo Proprietário.
guarantees
Statutory warranty law under EU law
Under EU law, traders are liable for the conformity of the products they sell to consumers for a period of at least two years from delivery.
For Users acting as European consumers, the legal warranty rights applicable to goods available through this Application are those in accordance with the laws of the country of their habitual residence.
The national laws of these countries may grant users more extensive rights.
For users who are not European consumers, the warranty rights of the country in which they have their habitual residence apply.
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.
Guarantee of legal conformity of products for consumers in Brazil
A guarantee of legal application to products commercialized by (physical and digital) subject to the second terms, in agreement with the Consumer Code:
- The products are not durable and are guaranteed for 30 days; e
- The products last for a period of 90 (noventa) days.
The period of the guarantee comes with part of the data on the entry of the product.
A guarantee is not available in the casos de uso indevido, events natural or se o product sido submetido a qualquer outra assistência técnica que not seja a fornecida por this application. A guarantee is provided for the canais de contact fornecidos por this application. It is necessary to have an arcará proprietário com os custos do envio do produto para avaliação técnica. O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal. As normas aplicáveis às guaranteeas contratuais podem ser encontradas nas specificações fornecidas por this application. The information is not foreseen, but the disposições legais serão aplicadas.
Exclusion of the legal guarantee of conformity for products intended for consumers in Switzerland
If Users are considered consumers in Switzerland, the legal guarantee of conformity for physical and/or digital products is completely excluded and does not apply to the products available on this Application.
Liability and Indemnification
The provider is only liable for intent and gross negligence. The provider is only liable for minor negligence if essential contractual obligations are violated. In any case, liability is limited to foreseeable and typical damages.
Unless expressly stated otherwise or agreed with the users, the provider's liability for damages in connection with the execution of the contract is excluded, limited and/or restricted to the extent permitted by applicable law.
indemnification
To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any claims or demands made by third parties - including, but not limited to, attorneys' fees and costs - arising out of or in connection with a culpable violation of these Terms and Conditions, the rights of third parties or statutory provisions in connection with the use of the Service by the User or its agents, officers, directors, agents, co-branders, partners and employees.
The foregoing also applies to any claims made by third parties (including but not limited to the Owner's clients or customers) against the Owner in connection with the Digital Products provided by the User, such as claims for defects.
limitation of liability
Unless expressly stated otherwise and without prejudice to the applicable legal provisions, Users have no right to compensation for damages against the Provider (or any natural or legal person acting on his behalf).
This does not apply to damage to life, health or physical integrity, as well as damage due to the violation of essential contractual obligations, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this application has been used properly and correctly by the user.
Unless damage was caused intentionally or through gross negligence or affects life, health or physical integrity, the provider is only liable to the extent of the damage that was typical and foreseeable at the time the contract was concluded.
users in Australia
limitation of liability
Any warranty, condition, guarantee, right or remedy available to users under the Competition and Consumer Act 2010 (Cth) is not affected by the provisions of these Terms and Conditions. The same applies to any similar mandatory applicable state or territory laws giving users non-waivable rights. To the extent permitted by law, our liability to users - including liability for breach of a non-waivable right and any liability not otherwise excluded by these Terms and Conditions - is limited, at the provider's reasonable discretion, to subsequent performance or reimbursement of the costs incurred in re-providing the services.
users in the USA
exclusion of warranty
This application is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. The provider expressly excludes all conditions, representations and warranties - whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights to the extent permitted by law. Any advice or information, whether oral or written, obtained by the user from the provider or through the service shall not create any warranty of any kind unless expressly stated.
Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees make no warranty that the Content is reliable, accurate or correct; that the Service will meet Users' expectations; that the Service will be uninterrupted or reliably available at any particular time or location; 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 the Users' own risk. Users are 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 provider does not warrant or assume responsibility for any products or services advertised or offered by third parties through the service or any hyperlinked website or service, nor does it endorse such products or services. The provider does not mediate or monitor transactions between users and third-party providers of products or services.
The service may become inaccessible or may not function properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain 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 jurisdiction to jurisdiction. The exclusions and limitations of liability set out in the agreement are ineffective where prohibited by applicable law.
limitation of liability
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To the extent permitted by law, in no event shall the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
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any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and
- any damages or losses resulting from hacking, tampering or other unauthorized access or use of the Service or the User Account, as well as the information contained therein;
- any errors, mistakes or inaccuracies in the content;
- Personal injury or property damage of any kind resulting from the User's access to or use of the Service;
- any unauthorized access to the Provider’s security servers and/or the personal information stored therein;
- any interruption or cessation of transmission to or through the Service;
- any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
- any errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
- the defamatory, offensive or illegal conduct of a user or a third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, income, liabilities, obligations, damages, losses or costs shall be limited to the amount paid by the User to the Provider under this Agreement in the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the User.
This limitation of liability applies to the maximum extent permitted by applicable law, regardless of 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, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability in the Terms are ineffective where prohibited by applicable law.
indemnification
The user agrees to indemnify and hold the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal costs and expenses, arising from
- the User's access to and use of the Service, including all data or content transmitted or received by the User;
- the breach of these Terms and Conditions by the User, including but not limited to the breach by the User of any of the representations and warranties contained in these Terms and Conditions;
- the violation of third-party rights by the User, including but not limited to personal rights or intellectual property rights;
- the violation of any laws, rules or regulations by the user;
- any content transmitted from the User Account, including in the event of access by third parties using the User's user name, password or other security measures - if any - and including misleading, false or inaccurate information;
- the alleged misconduct of the user; or
- the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common Provisions
No waiver
Failure of the Provider to exercise any right under these Terms or to enforce any provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
service interruption
In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. The provider will inform users accordingly.
Within the framework of the statutory provisions, the provider can also suspend or terminate the service entirely. In the event of discontinuation of the service, the provider will give users the opportunity to save personal data or information in accordance with the applicable law and will take into account any claims of the users for continued use and/or compensation under the applicable law.
In addition, the Service may be unavailable for reasons beyond the control of the Provider (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).
resale
Users may not reproduce, duplicate, copy, sell, resell or exploit this Application and the Service in any way without the express prior written permission of the Owner, granted either directly or through a legitimate reseller program.
privacy policy
To learn more about the use of their Personal Data, Users may consult the privacy policy of the service (this Application).
Intellectual Property Rights
Without prejudice to any more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (this Application) are the exclusive property of the Owner or its licensors and are subject to the protection of applicable laws or international treaties relating to intellectual property.
All trademarks, names or figurative marks – and all other trademarks, trade names, service marks, word marks, illustrations, images or logos – appearing in connection with the Service (this Application) are and will remain the exclusive property of the Owner or its licensors and are subject to the protection of applicable laws or international treaties relating to intellectual property.
changes to these Terms and Conditions
The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will inform the user appropriately about these changes.
Such changes shall only apply to the contractual relationship from the date communicated to the user.
By continuing to use the service, the user accepts the amended terms and conditions. If users do not wish to be bound by the changes, they must stop using the service and can terminate the contract.
If the revised terms are not accepted, either party may terminate the contract. The previous version of the Terms and Conditions in effect at the time applies to the relationship prior to the user's acceptance of the changes. The user can obtain any previous version of the Terms and Conditions from the provider.
If required by law, the provider will inform users in advance about the entry into force of the amended conditions.
The Owner will inform the User of such changes by releasing the information through this Application.
assignment
The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace by novation or pass on all rights and obligations arising from these terms and conditions.
The provisions regarding changes to the General Terms and Conditions apply accordingly.
Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written permission of the Provider.
contacts
All communications related to the use of the Service (this Application) must be sent to the contact details indicated in this document.
severability clause
If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this will not affect the validity of the remaining provisions, which will remain in full force and effect.
US users
Any such invalid or unenforceable provisions will be interpreted and modified to the extent that they are valid, enforceable and consistent with the original purpose. These Terms and Conditions represent the entire agreement between users and the provider regarding the subject matter of the contract and take precedence over all further communications between the parties regarding the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.
EU users
Should any provision of these Terms and Conditions be or be deemed to be ineffective, or invalid or be deemed to be unenforceable, the parties shall use their best endeavours to amicably reach an agreement on valid and enforceable provisions to replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permitted or provided for under the applicable law.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these Terms and Conditions shall not result in the nullity of the entire agreement, unless they are essential provisions of the contract or provisions of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining conditions would result in unreasonable hardship for one of the parties, the nullity of the individual provision shall result in the nullity of the entire agreement.
Applicable Law
These Terms and Conditions are governed by the laws of the place where the provider is based, excluding conflict of law provisions. Users can find the location of the provider in the relevant section of this document.
primacy of national law
However, if the law of the country in which the user is located provides for a higher standard of consumer protection, that higher standard shall apply.
Exception for consumers in Switzerland
If the user is classified as a consumer in Switzerland, Swiss law applies.
Exceção para Consumidores no Brasil
It is qualified as a Brazilian consumer and product and/or service for commercialization in Brazil, but is also subject to Brasileira legislation.
jurisdiction
The courts of the place where the Provider is based – as indicated in this document – shall have exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions.
exception for European consumers
This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway or Iceland acting as consumers.
Exceção para Consumidores no Brasil
It is not a replica of a Brazilian user who qualifies as a consumer.
accessibility
The Owner strives to make content accessible to Users with disabilities. If Users have a disability and are unable to access any part of this Application due to their disability, they should communicate this with a detailed description of the problem encountered. The Owner undertakes to promptly resolve the problem if it is easily identifiable and solvable using the means and techniques of information technology commonly used in the industry.
dispute resolution
amicable dispute resolution
Consumers have the opportunity to submit complaints via the EU online dispute resolution platform (ODR platform): [https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/).
Users may address any disputes to the provider, who will attempt to resolve them amicably.
The User's right to take legal action remains unaffected at all times. However, in the event of any dispute related to the use of the Service (this Application) or the Service, the User is requested to contact the Owner using the contact details provided in this document.
The User may send the complaint, including a brief description and, where applicable, details of the related order, purchase or account, to the e-mail address indicated in this document of the Owner.
The provider will process the request promptly within 2 days of receipt.
online dispute resolution for consumers
The European Commission has set up an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.
As a result, consumers in the EU, Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be reached via the following link .