Terms and Conditions
These Terms and Conditions are effective as of November 1st, 2024.
These Terms govern the use of this Website and any other related Agreements or legal relationships with the Owner in a legally binding manner. Users must read this document carefully.
Website Owner
Applicability of Provisions
Please note that certain provisions in these Terms may apply only to specific categories of Users. In particular, some provisions may be limited to Consumers or to Users who do not qualify as Consumers. Such limitations are explicitly stated within each relevant clause. In the absence of any such statement, the clauses apply to all Users.
Terms of Use
Unless otherwise specified, the terms of use outlined in this section apply generally to the use of this Website. Specific conditions of use or access may apply in certain situations and are further detailed within this document. By using this Website, Users confirm that they meet the following requirements: there are no restrictions based on whether Users are Consumers or Business Users.
Content of this Website
Unless otherwise specified or clearly indicated, all content available on this Website is owned or provided by the Owner or its licensors. The Owner endeavors to ensure that the content provided on this Website does not violate any applicable legal provisions or third-party rights. However, it may not always be possible to achieve this fully.
In such cases, without affecting any legal rights Users may have to enforce their rights, Users are kindly requested to report related complaints using the contact details provided in this document.
The Owner retains all intellectual property rights for any such content. Therefore, Users may not use such content in any manner that is not necessary or implicit for the proper use of the Service. Specifically, but not limited to, Users may not copy, download, share (beyond the limitations set below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, or assign to third parties, or create derivative works from the content available on this Website, nor permit any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, Users may download, copy, and/or share certain content available through this Website for their sole personal and non-commercial use, provided that copyright attributions and all other attributions requested by the Owner are correctly implemented. Any applicable statutory limitations or exceptions to copyright remain unaffected.
External Resources
Users may access external resources provided by third parties through this Website. They acknowledge and agree that the Owner has no control over these resources and is therefore not responsible for their content or availability. The conditions applicable to any third-party resources, including any potential grant of rights in content, are determined by each respective third party's terms and conditions or, in the absence of such terms, by applicable statutory law.
Acceptable Use
This Website and the Service may only be used within their intended scope, in accordance with these Terms and applicable laws. Users are solely responsible for ensuring that their use of this Website and/or the Service does not violate any applicable laws, regulations, or third-party rights. Consequently, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying Users access to this Website or the Service, terminating contracts, and reporting any misconduct conducted through this Website or the Service to competent authorities, such as judicial or administrative authorities, whenever Users engage in or are suspected of engaging in activities that violate laws, regulations, and/or these Terms; infringe any third-party rights; considerably impair the Owner’s legitimate interests; or offend the Owner or any third party.
Liability
Unless explicitly stated otherwise or agreed upon with Users, the Owner’s liability for damages related to the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand—including but not limited to lawyers' 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 permitted by applicable law. This indemnification also applies to any claims brought 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 conformity claims. Regarding the 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 limitation does not apply to damages to life, health, or physical integrity; damages resulting from the breach of material contractual obligations necessary to achieve the purpose of the contract; and/or damages resulting from intent or gross negligence, provided that this Website has been appropriately and correctly used by the User. Furthermore, unless damages have been caused by intent or gross negligence or affect life, health, or physical integrity, the Owner’s liability shall be limited to typical and foreseeable damages existing at the time the contract was entered into.
Australian Users
Limitation of liability: Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation, which cannot be excluded, restricted, or modified (non-excludable rights). To the fullest extent permitted by law, the Owner’s liability to the User—including liability for breaches of non-excludable rights and any liabilities not otherwise excluded under these Terms—is limited, at the Owner’s sole discretion, to either re-performing the services or reimbursing the cost of having the services supplied again.
US Users
The Website and the Service are provided strictly on an “as is” and “as available” basis, and 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 their computer system or mobile device or loss of data that results from such download or 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 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.
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; 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.
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 the User’s use of and access to the Service, including any data or content transmitted or received by the User; the User’s violation of these terms, including but not limited to the User’s breach of any of the representations and warranties set forth in these terms; the User’s violation of any third-party rights, including but not limited to any right of privacy or intellectual property rights; the User’s violation of any statutory law, rule, or regulation; any content that is submitted from the User’s account, including third-party access with the User’s unique username, password, or other security measure, if applicable, including but not limited to misleading, false, or inaccurate information; the User’s willful misconduct; or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.
Unless explicitly stated otherwise or agreed upon with Users, the Owner’s liability for damages related to the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation, which cannot be excluded, restricted, or modified (non-excludable rights). To the fullest extent permitted by law, the Owner’s liability to the User—including liability for breaches of non-excludable rights and any liabilities not otherwise excluded under these Terms—is limited, at the Owner’s sole discretion, to either re-performing the services or reimbursing the cost of having the services supplied again.
Common Provisions
Unless explicitly stated otherwise or agreed upon with Users, the Owner’s liability for damages related to the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law. Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation, which cannot be excluded, restricted, or modified (non-excludable rights). To the fullest extent permitted by law, the Owner’s liability to the User—including liability for breaches of non-excludable rights and any liabilities not otherwise excluded under these Terms—is limited, at the Owner’s sole discretion, to either re-performing the services or reimbursing the cost of having the services supplied again.
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. 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 the 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 like infrastructural breakdowns or blackouts.
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program. To learn more about the use of their personal data, Users may refer to the privacy policy of this Website. 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 Terms
The Owner reserves the right to amend or modify these Terms at any time and will appropriately inform Users of such changes. These changes will only affect the relationship with the User from the date they are communicated onwards. Continued use of the Service signifies the User’s acceptance of the revised Terms. If Users do not agree to be bound by the changes, they must cease using the Service and may terminate the Agreement. The previous version will govern the relationship prior to the User's acceptance, and Users can obtain any prior version from the Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into consideration. Provisions related to changes in these Terms will apply accordingly. Users are not permitted to assign or transfer their rights or obligations under these Terms in any manner without the Owner’s written consent.
Contact
Any communication regarding the use of this Website should be directed to the contact information provided in this document.
Definitions & Legal References
Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that specific provision will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
Users in the United States
Any invalid or unenforceable provision will be reinterpreted and adjusted as necessary to render it valid, enforceable, and consistent with its original intent. These Terms represent the entire Agreement between the User and the Owner concerning the subject matter herein and supersede all prior communications, including previous agreements. These Terms will be enforced to the maximum extent permitted by law.
Users in the European Union
If any provision of these Terms is deemed void, invalid, or unenforceable, the parties will make their best effort to amicably agree on valid and enforceable provisions to replace the invalid parts.
Should they fail to do so, the invalid provisions will be replaced by the applicable statutory provisions, as allowed under the law.
Notwithstanding the above, the invalidity or unenforceability of a particular provision does not nullify the entire Agreement unless the invalid provisions are essential to the Agreement or are so significant that the parties would not have entered into the contract knowing they were invalid, or if the remaining provisions impose an unacceptable hardship on either party.
Governing Law
These Terms are governed by the laws of the jurisdiction where the Owner is based, as specified in the relevant section of this document, without consideration of conflict of laws principles.
Prevalence of National Law
However, if the User's local laws provide higher consumer protection standards, those higher standards will take precedence over the above.
Exception for Users in Switzerland
For Users who qualify as Consumers in Switzerland, Swiss law shall apply.
Exception for Users in Brazil
If the User qualifies as a Consumer in Brazil and the product or service is marketed in Brazil, Brazilian law will govern.
Jurisdiction
Any disputes arising from or related to these Terms shall be exclusively decided by the courts located in the jurisdiction where the Owner is based, as displayed in the relevant section of this document.
Exception for Users in Europe
The above does not apply to Users who qualify as European Consumers, including those based in the United Kingdom, Switzerland, Norway, or Iceland.
Further Definitions & Legal References