PRIVACY & GDPR

Terms and Conditions of www.goldforexbot.com

These Terms govern

• your use of this website and,

• any other agreement or legal relationship related with the Owner

in a legally binding manner. Capitalized words are defined in the relevant dedicated section of this document.

 

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and the Users, the Users acknowledge and agree that, where this Website has been provided to them through the Apple App Store, Apple may enforce these Terms as third party beneficiary.

This website is provided by:

Dimond FC LTD, Bulevard Nikola Petkov, 52 Office 1-4, Sofia Bulgaria
BG2077195619

Owner contact email:info.dimondfc@gmail.com

"This website" refers to

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart devices;

• application program interfaces (APIs);

• service;

• any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:

What the user should know at a glance

• Please note that some provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of such mention, the clauses apply to all Users.

• The right of withdrawal applies only to European Consumers. The right of withdrawal, also commonly referred to as the right of withdrawal in the UK, is consistently referred to as the "right of withdrawal" throughout this document.

• The use of this Website and the Service is subject to age restrictions: to access and use this Website and its Service, the User must be of legal age in accordance with the applicable law.

• This website uses auto-renewal for product subscriptions. Information on a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

TERMS OF USE

Unless otherwise specified, the terms of use described in this section generally apply when you use this website.

Single or additional terms of use or access may apply in specific scenarios and in such cases are further indicated herein.

By using this Website, Users confirm that they meet the following requirements:

• There are no restrictions for Users as Consumers or Business Users;

• Users must be recognized as adults by applicable law;

• Users are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorism supporting" country;

• Users are not listed on any U.S. government list of prohibited or restricted parties;

Account Registration

To use the Service, Users must register or create a User Account, providing all the data or information requested in a complete and truthful manner.
Otherwise, the unavailability of the Service will occur.

Users are responsible for the confidentiality and security of their login credentials. For this reason, Users are also required to choose passwords that meet the highest standards of strength allowed by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unequivocally inform the Data Controller, via the contact details indicated in this document, if they believe that their personal data, including but not limited to User accounts, login credentials or personal data, have been unduly violated disclosed or stolen.

Conditions for Account Registration

The registration of user accounts on this website is subject to the conditions described below. By registering, Users agree to meet these conditions.

• Accounts registered by bots or other automated methods are not permitted.

• Unless otherwise specified, each User must register only one account.

• Unless explicitly permitted, a user account cannot be shared with other people.

Account closure

Users may close their account and stop using the Service at any time by doing the following:

• Using the tools provided for account termination on this website.

• By contacting the Data Controller directly at the addresses provided in this document.

Account Suspension and Cancellation

The Owner reserves the right, at its sole discretion, to suspend or eliminate at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or cancellation of Users' accounts will not entitle Users to any request for indemnity, compensation for damages or reimbursement.

The suspension or cancellation of accounts for reasons attributable to the User does not release the User from payment of any applicable fees or charges.

Content of this website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner makes every effort to ensure that the content provided on this Website does not violate applicable legal provisions or the rights of third parties. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to assert their rights, Users are invited to preferably report the related complaints using the contact details provided in this document.

Rights relating to the contents of this website - All rights reserved

The Owner owns and reserves all intellectual property rights for such content.

Users cannot therefore use such contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits indicated below), modify, translate, transform, publish, transmit, sell, sublicense, modify, transfer/assign to third parties or create derivative works of 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 expressly indicated on this Website, the User may download, copy and/or share certain content available through this Website for his/her own personal and non-commercial use only and provided that the copyright attributions and all other attributions requested by the Owner are properly implemented.

Any applicable legal limitations or copyright exceptions will remain unaffected.

Removal of content from portions of this website available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

Access to external resources

Through this Website, Users can have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.

The terms and conditions applicable to any resource provided by a third party, including those applicable to any granting of rights in the content, result from the terms and conditions of each such third party or, in the absence thereof, from the applicable legal law.

In particular, on this Website Users can view advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed through this Website. If users click on these advertisements, they will interact with any third party responsible for this advertisement.

The Owner is not responsible for any issues arising from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable use

This website and the Service may only be used as intended, under these Terms and applicable law.

Users are solely responsible for ensuring that their use of this Website and/or the Service does not violate any applicable law, regulation or third party right.

Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests also by denying Users access to this Website or to the Service, terminating contracts, reporting any unlawful conduct put in place through this Website or the Service to the competent authorities - such as the judicial authority or administrative authorities - whenever Users undertake or are suspected to undertake any of the following activities:

• violate laws, regulations and/or these Terms;

• violate any rights of third parties;

• significantly prejudice the legitimate interests of the Data Controller;

• offend the Owner or third parties.

"Tell a friend"

This Website offers Users the opportunity to receive benefits if, following their recommendation, a new User purchases a Product offered on this Website.
To take advantage of this offer, Users can invite others to purchase the Products on this Site by sending them a signaling code provided by the Owner. These codes can only be redeemed once.
If, when purchasing Products on this Website, one of the invited persons redeems a tell-a-friend code, the inviting User will receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this website.
Tell-a-friend codes may be limited to specific Products among those offered on this Website.

The Owner reserves the right to terminate the offer at any time at its discretion.

While no general limitation applies to the number of people who can be invited, the amount of advantage or benefit that each referring User can receive may be limited.

API Terms of Use

Users can 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, the following specific terms:

• The User expressly understands and agrees that the Owner assumes no responsibility and will not be held liable for any damages or losses resulting from the User's use of the API or its use of third-party products/services accessing to data through the API.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products provided on this Website, as part of the Service, are provided for a fee.

The fees, duration and conditions applicable to the purchase of these Products are described below and in the dedicated sections of this Site.

To purchase the Products, the User must register or access this Website.

Product Description

The prices, descriptions or availability of the Products are indicated in the respective sections of this Website and are subject to change without notice.

Although the Products on this website are presented as accurately as technically possible, the representation on this website by any means (including, as the case may be, graphics, images, colors, sounds) is for reference only and does not imply any guarantee regarding the characteristics of the Product purchased.

The characteristics of the chosen Product will be illustrated during the purchase process.

Purchasing process

All steps from choosing a Product to placing your order are part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.

• After viewing the information displayed in the purchase selection, the User can place the order by forwarding it.

Sending the order

When you place an order, the following applies:

• Placing an order determines the conclusion of the contract and therefore creates an obligation for the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.

• In the event that the purchased Product requires active input from the User, such as the provision of information or personal data, specifications or special wishes, placing the order creates an obligation for the User to cooperate accordingly.

• Upon sending the order, Users will receive a receipt confirming receipt of the order.

All notifications relating to the described purchase process must be sent to the e-mail address provided by the User for this purpose.

Prices

The user is informed, during the purchase process and before placing the order, of any taxes, duties and costs (including any delivery costs) that will be charged to them.

The prices on this website are displayed:

• net or inclusive of any applicable taxes, duties and costs, depending on the section that the User is browsing.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of the Products. Any such offer or discount will 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 do not create claims/titles or rights that Users may enforce in the future.

As the case may be, discounts or offers will only be valid for a limited time or while stocks last. If an offer or discount is limited in time, the time indications refer to the time zone of the Owner, as indicated in the location details of the Owner in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on coupons.

In the event of violation of the conditions applicable to the Coupons, the Holder may legitimately refuse to fulfill his contractual obligations and expressly reserves the right to take the appropriate judicial offices to protect his rights and interests.

Without prejudice to the provisions set out below, any additional or divergent rules applicable to the use of the Coupon displayed on the relevant information page or on the Coupon itself will always prevail.

Unless otherwise specified, these rules apply to the use of Coupons:

• Each Coupon is valid only if used in the manner and within the times specified on the Site and/or on the Coupon;

• A Coupon can be applied, in its entirety, only at the time of actual purchase - partial use is not permitted;

• Unless otherwise indicated, disposable Coupons can be used only once per purchase and therefore can only be applied once even in the case of installment purchases;

• A Coupon cannot be applied cumulatively;

• The Coupon must only be redeemed within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to assert the relative rights, including the collection;

• The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Coupon and the redeemed value;

• The Coupon is intended for non-commercial use only. Any reproduction, counterfeiting and marketing of the Coupon, as well as any illegal activity related to the purchase and/or use of the Coupon is strictly prohibited.

Terms of payment

Information relating to accepted payment methods is made available during the purchase process.

Some payment methods may only be available based on conditions or additional costs. In such cases, the related information can be found in the dedicated section of this Website.

All payments are processed independently 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 successful.

If a payment through the available methods is unsuccessful or is refused by the payment service provider, the Owner will have no obligation to process the purchase order. If a payment fails or is refused, the Holder reserves the right to demand from the User any related expenses or damages.

Purchase through the app store

This website or specific products available for sale on this website must be purchased through a third-party app store. To access these purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases made through third party online stores are also subject to such third party's terms and conditions, which, in the event of any inconsistency or conflict, will always prevail over these Terms.

Users who purchase through such third-party online stores must therefore read these terms and conditions of sale carefully and accept them.

Retention of ownership of the Product

Until the Owner has paid the total purchase price, the Products ordered will not become the User's property.

Retention of usage rights

Users do not acquire any right to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

Upon delivery, Users must check the contents of the delivery and report any anomalies without undue delay, using the contact details provided herein or as described on the delivery note. Users may refuse to accept the package if it is visibly damaged.

The goods are delivered to the countries or territories specified in the relevant section of this website.

Delivery times are specified on this Site or during the purchase process.

Unless otherwise specified on this Site or agreed with Users, the Products will be delivered within thirty (30) days of purchase.

Unsuccessful delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damage or delays subsequent to delivery to the carrier if the latter is ordered by the User .

If the goods are not received or collected within the times or terms indicated, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on future methods of action.

Unless otherwise agreed, each delivery attempt starting from the second will be charged to the User.

Delivery of digital content

Unless otherwise indicated, the digital contents purchased on this Website are delivered by download on the device(s) chosen by the Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended devices and the respective software (including operating systems) must be legal, commonly used, updated and consistent with current market regulations. standard.

The User acknowledges and accepts that the possibility of downloading the purchased Product may be limited in time and space.

Provision of services

The purchased service must be performed or made available within the times indicated on this Site or communicated before forwarding the order.

Duration of the contract

Trial period

Users have the opportunity to test this Website or selected Products during a limited, 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 will automatically convert to the equivalent paid Product, unless the User cancels the purchase before the trial period expires.

Subscriptions

Subscriptions allow Users to receive a Product on an ongoing or regular basis over time. Below are the details regarding the subscription type and resolution.

Lifetime subscription

Lifetime subscriptions are subscriptions that last for the entire duration of the subscribed Product. Paid Lifetime Memberships begin the day the owner receives payment. They only expire if and when the relevant Product is discontinued.

Permanent subscriptions

Paid subscriptions begin the day the owner receives payment.

To maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may result in service disruptions.

Fixed-term subscriptions

Paid term subscriptions start from the day on which the Account Holder receives payment and last for the subscription period chosen by the User or otherwise specified during the purchase process.

Once the subscription period has expired, the Product will no longer be accessible.

Subscriptions managed via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account using the relevant procedure on this website. In such event, Users acknowledge and agree to this

• any payment due will be charged to your Apple ID account;

• subscriptions automatically renew for the same term unless the User cancels at least 24 hours before the end of the current period;

• all fees or payments due for renewal will be charged within 24 hours prior to the end of the current period;

• subscriptions can be managed or canceled in users' Apple App Store account settings.

The foregoing will prevail over any conflicting or differing provisions of these Terms.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed using the payment method that the User chose during the purchase phase.

The renewed subscription will have the same duration as the original one.

You will receive a reminder of the upcoming renewal reasonably in advance, indicating the procedure to follow to cancel the automatic renewal.

Resolution

Subscriptions can be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document or, if applicable, using the corresponding controls within this website.

If the cancellation is received by the Holder before the renewal of the subscription, the cancellation will take effect as soon as the current period has ended.

Termination of permanent subscriptions

Permanent subscriptions can 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, using the corresponding controls within this Application.

Terminations will take effect 1 day after notice of termination has been received by the Owner.

User rights

Right of withdrawal

Barring exceptions, the User may 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.

To whom the right of withdrawal applies

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory right of withdrawal under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to the their case, for any reason and without justification.

Users who do not meet this qualification cannot benefit from the rights described in this section.

Exercise of the right of withdrawal

To exercise their right of withdrawal, Users must send the Owner an explicit declaration of their intention to withdraw from the contract.

To this end, Users can use the model withdrawal form available in the "definitions" section of this document. In any case, the user is free to express his will to withdraw from the contract by means of an explicit declaration in any other suitable form. In order to respect the deadline within which to exercise this right, Users must send the communication of withdrawal before the expiry of the withdrawal period.

When does the withdrawal period expire?

• As regards the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the goods.

• As regards the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third - other than the carrier and designated by the User - acquires physical possession of the last good, lot or piece.

• With regard to the purchase of a service, the withdrawal period expires 14 days after the day on which the contract was concluded, unless the User has waived the right of withdrawal.

• In case of purchase of digital content not supplied on a material medium, the withdrawal period expires 14 days after the day on which the contract was concluded, unless the User has waived the right of withdrawal.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, where applicable, those covering delivery costs.

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.

This refund will be made without undue delay and, in any case, 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, refunds will be made using the same means of payment used to process the initial transaction. In any case, the User will not have to incur any costs or charges as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users must return the goods or deliver them to the Owner, or to a person authorized by him to receive the goods, without undue delay and in any case within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is respected if the goods have been delivered to the carrier, or in any case returned as indicated above, before the expiry of the 14-day period for the return of the goods. The refund may be suspended until receipt of the goods or until the User demonstrates that he has returned the goods, whichever is earlier.

The user will only be responsible for the diminished value of the goods resulting from the handling of the goods beyond what is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

…on the purchase of services

In the event that a User exercises the right of withdrawal after requesting that the service be performed before the expiry of the withdrawal period, the User must pay the Owner an amount proportionate to the part of the service provided.

This fee will be calculated on the basis of the contractually agreed fee, and be proportional to the part of the service provided up to the time of the User's withdrawal, with respect to the full coverage of the contract.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts:

• for the supply of digital content that is not supplied on a tangible medium if the execution has begun with the prior express consent of the consumer and with his acknowledgment of the loss of the right of withdrawal;

• for the supply of goods made to measure for the consumer or in any case clearly personalized;

• for the supply of goods which are likely to deteriorate or expire rapidly;

• for the supply of sealed audio or video recordings or sealed computer software which has been unsealed after delivery;

• for the supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery;

• for the provision of services, after the service has been fully performed if the execution began with the prior express consent of the consumer, and with the acknowledgment of the same that his right of withdrawal has lapsed once the contract has been fully executed;

Legal guarantee of conformity for goods in accordance with Community law

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased are of the promised, or reasonably expected quality, functionality or characteristics for at least two years after they have been delivered to the buyer.

Where Users qualify as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country of their habitual residence.

The national laws of that country may grant such Users broader rights.

In particular, the Consumer residing in France can exercise the warranty rights within two years of delivery of the goods without having to prove the defect or lack of conformity of the goods. The period of time for which the Consumer is exempt from the proof of defect is reduced to six months in the case of used goods.

In exercising the guarantee rights, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions set out in the French Consumer Code.

This legal guarantee of conformity applies independently of any commercial guarantee possibly offered by the Owner.

The consumer can also exercise his warranty right for hidden defects in accordance with the relevant provisions of the French civil code, choosing between canceling the purchase or requesting a price reduction.

Consumers who do not qualify as Europeans can benefit from the legal guarantee of conformity rights under the legislation of the country of their habitual residence.

Legal guarantee on second-hand or used goods

The user acknowledges and accepts that the legal guarantee on second-hand or used goods is limited to 1 year from receipt of the goods.

Liability and Compensation

Australian users

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, guarantee, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded , limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for infringement 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-provision of the services or payment of the cost for the new provision of the services.

US users

Disclaimer of Warranties

This website is provided strictly "as is" and "as available". Use of the Service is at the User's own risk. To the maximum extent permitted by applicable law, Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, oral or written, obtained by you from the Owner or through the Service will create any warranty not expressly made 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 meets the needs of Users; 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 your own risk and you will be solely responsible for any damage to your computer system or mobile device or for loss of data resulting from such download or from the User's use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by any 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 suppliers of products or services.

The Service may become inaccessible or may not work properly with your web browser, mobile device and/or operating system. The owner cannot be held responsible for any damages perceived or actual arising from the content of the Service, the operation or use of this Service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation 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 disclaimers under this Agreement will 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 immaterial losses, arising out of or relating to the use 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 your User account or the information contained therein;

• any errors, mistakes or inaccuracies in the content;

• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;

• any unauthorized access to or use of the Owner's secure servers and/or any personal information stored therein;

• any interruption or termination 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 suffered 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 the User to the Owner in the previous 12 months, or the duration of this contract between the Owner and the User, if shorter.

This disclaimer section applies to the maximum extent permitted by law in the applicable jurisdiction, whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if the company 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. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, disclaimers and limitations of liability under the terms do not apply to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, attorneys' fees and expenses, arising out of

• Your use of and access to the Service, including any data or content you transmit or receive;

• Your violation of these terms, including, but not limited to, your violation of any of the representations and warranties set forth in these terms;

• violation by the User of any right of any third party, including, but not limited to, any right of privacy or intellectual property rights;

• your violation of any statutory law, rule or regulation;

• any content sent from your account, including third-party logins with your unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information ;

• willful misconduct of the user; OR

• provisions of law by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.

Common provisions

Without exemption

The Owner's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. No waiver will be deemed a further or continuing waiver of such term or any other term.

Service interruption

To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other modification, giving appropriate notice to the Users.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. In the event of termination of the Service, the Owner will collaborate with the Users to allow them to withdraw the Personal Data or information in accordance with the applicable law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as "force majeure" (e.g. union actions, infrastructure failures or blackouts, etc.).

Resale of services

Users may not reproduce, duplicate, copy, sell, resell or exploit any part of this Website and its Service without the Owner's prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

To find out more about the use of their Personal Data, Users can 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 relating to this Website are the exclusive property of the Owner or its licensors and are subject to the protection afforded by applicable laws or international treaties relating to intellectual property.

All trademarks - nominative or figurative - and all other trademarks, 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 afforded by applicable laws or international treaties relating 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 duly inform the User of such changes.

Such changes will only affect your relationship going forward.

Your continued use of the Service will signify your acceptance of the modified Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the amended Terms may entitle both parties to terminate the Agreement.

The previous applicable version will regulate the relationship before acceptance by the User. The User can obtain any previous version from the Owner.

If required by the applicable legislation, the Owner will specify the date by which the modified Terms will enter into force.

Contract transfer

The Owner reserves the right to transfer, assign, dispose by novation or subcontract any or all of the rights or obligations deriving from these Terms, taking into account the legitimate interests of the User. Provisions relating to changes to these Terms will apply accordingly.

Users cannot assign or transfer their rights or obligations deriving from these Terms in any way, without the written authorization of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information indicated in this document.

Severability

If any provision of these Terms is held or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

US users

Any invalid or unenforceable provision will be interpreted, interpreted and reformed to the extent reasonably required to make it valid, enforceable and consistent with its original intent. These Terms constitute the entire agreement between the Users and the Owner in relation to the subject matter hereof and supersede all other communications, including but not limited to all previous agreements, between the parties in relation to this subject. These Terms will be enforced to the maximum extent permitted by law.

EU users

If a provision of these Terms is or is held to be void, invalid or unenforceable, the parties will do their best to find, amicably, an agreement on valid and enforceable provisions thus replacing the void, invalid or unenforceable parts.
In the event of non-compliance, the void, invalid or unenforceable provisions will be replaced by the applicable legal provisions, if permitted or required by applicable law.

Notwithstanding the foregoing, the voidness, invalidity or inability to enforce any particular provision of these Terms will not void the entire Agreement, unless the severed provisions are not essential to the Agreement, or of such importance that the parties they 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 have resulted in an unacceptable hardship for one of the parties.

Government law

These Terms are governed by the law of the place where the Owner is located, as indicated in the relevant sections of this document, without regard to principles of conflict of laws.

Exception for European consumers

However, notwithstanding the foregoing, if you qualify as a European Consumer and have your habitual residence in a country where the law provides for a higher standard of consumer protection, such higher standards will prevail.

Jurisdiction

The exclusive jurisdiction to decide on any dispute deriving from or connected to these Conditions belongs to the judge of the place where the Owner is based, as highlighted in the appropriate section of this document.

Exception for European consumers

The foregoing does not apply to Users who qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK consumers

Consumers based in England and Wales can bring legal action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland can bring legal action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland can bring legal action in relation to these Terms in the Northern Irish or English courts.

US users

Each party expressly waives any right to a jury trial in any court in connection with any action or litigation.
Any claim under these terms shall proceed individually and neither party shall participate in a class action or other proceeding with or on behalf of any third party.

US users

Provisions survived

This Agreement will remain in effect until terminated by this Website or by you. Upon termination, the provisions of these Terms which by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• Your license grant under these Terms will survive indefinitely;

• Your indemnification obligations will survive for a period of five years from the date of termination;

• the disclaimer of warranties and representations, and the provisions in the section containing indemnity and limitation of liability provisions, will survive indefinitely.

Dispute resolution

Amicable Dispute Resolution 

Users can bring any disputes to the Owner who will try to resolve them amicably.

Without prejudice to the User's right to take legal action, for any dispute relating to the use of this Website or the Service, the User is invited to contact the Owner at the contact details indicated in this document.

The User can submit the complaint including a brief description and, if applicable, the details of the related order, purchase or account, to the Owner's email address specified in this document.

The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution which facilitates an out-of-court method for resolving disputes relating to and arising from online sales and service contracts.

Consequently, any European consumer or consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts entered into online. The platform is available at the following link.

Definitions and normative references

Last updated: April 29, 2023