Introduction
These Terms govern
-the use of this Website, and,
-any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of
this document.
The User must read this document carefully. Nothing in these Terms creates any relationship
of employment, agency, or partnership between the involved parties.
This Website is provided by:
The Company is a Swiss company registered in Zurich, Switzerland. The Company is
affiliated to the Serlf Regulatory Organisation (SRO) Polyreg a supervisory organization for
financial intermediaries and trustees accredited by FINMA.
Our services relate to digital assets that serve as means of payments registered on a
blockchain or another digital, distributed ledger, or based on similar technology (collectively
‘Digital Assets’ or ‘Cryptocurrencies’). We are a Virtual Asset Services Provider (VASP) and
are audited annually regarding Swiss anti-money laundering laws and regulations.
Owner contact email: compliance@oxcean.io
Information about this Website
PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
1. Prohibited Use. You may not use your OXCEAN Account to engage in the following
categories of activity (“Prohibited Uses”). The specific types of use listed below are
representative, but not exhaustive. If you are uncertain as to whether or not your use
of OXCEAN Services or the OXCEAN Platform involves a Prohibited Use or have
questions about how these requirements apply to you, please submit a support
request.
By opening an OXCEAN Account, you represent and warrant that you will not use your
OXCEAN Account, any OXCEAN Services, and/or the OXCEAN Platform to do any of the
following:
(A) Unlawful Activity: Activity which would violate, or assist in violation of, any law,
statute, ordinance, or regulation or sanctions programs administered in the countries
where OXCEAN conducts business, including but not limited to regulatory regimes
by FINMA, or which would involve proceeds of any unlawful activity; publish,
distribute or disseminate any unlawful material or information.
(B) Abusive Activity: Actions which impose an unreasonable or disproportionately large
load on our infrastructure, or detrimentally interfere with intercept, or expropriate any
system, data, or information; transmit or upload any material to the Site that contains
viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt
to gain unauthorized access to the Site, other OXCEAN Accounts, computer systems
or networks connected to the Site, through password mining or any other means; use
OXCEAN Account information of another party to access or use the Site, except in
the case of specific merchants and/or applications which are specifically authorized
by a user to access such user’s OXCEAN Account and information; or transfer your
account access or rights to your account to a third party, unless by operation of law
or with the express permission of OXCEAN.
(C) Abuse Other Users: Interfere with another individual’s or entity’s access to or use of
any OXCEAN Services; defame, abuse, extort, harass, stalk, threaten, or otherwise
violate or infringe the legal rights (such as, but not limited to, rights of privacy,
publicity and intellectual property) of others; incite, threaten, facilitate, promote, or
encourage hate, racial intolerance, or violent acts against others; harvest or
otherwise collect information from the Site about others, including without limitation
email addresses, without proper consent.
(D) Fraud: Activity which operates to defraud OXCEAN, OXCEAN users, or any other
person; provide any false, inaccurate, or misleading information to OXCEAN.
(E) Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy
sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of
chance.
(F) Intellectual Property Infringement: Engage in transactions involving items that
infringe or violate any copyright, trademark, right of publicity or privacy or any other
proprietary right under the law, including but not limited to sales, distribution, or
access to counterfeit music, movies, software, or other licensed materials without the
appropriate authorization from the rights holder; use of OXCEAN intellectual
property, name, or logo, including use of OXCEAN trade or service marks, without
express consent from OXCEAN or in a manner that otherwise harms OXCEAN or
the OXCEAN brand; any action that implies an untrue endorsement by or affiliation
with OXCEAN.
1. Prohibited Businesses. In addition to the Prohibited Uses described above, the
following categories of businesses, business practices, and sale items are barred
from being carried out using OXCEAN Services or the OXCEAN Platform
(“Prohibited Businesses”). Most Prohibited Business categories are imposed by card
network rules or the requirements of our banking providers or processors. The
specific types of use listed below are representative, but not exhaustive. If you are
uncertain as to whether or not your use of OXCEAN Services or the OXCEAN
Platform involves a Prohibited Business, or have questions about how these
requirements apply to you, please contact us at: info@oxcean.io. By
opening a OXCEAN Account, you represent and warrant that you will not use
OXCEAN Services or the OXCEAN Platform in connection with any of the following
businesses, activities, practices, or items:
(A) Investment and Credit Services: securities brokers; mortgage consulting or debt
reduction services; credit counseling or repair; real estate opportunities; investment
schemes;
(B) Restricted Financial Services: check cashing, bail bonds; collections agencies;
(C) Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access
to counterfeit music, movies, software, or other licensed materials without the
appropriate authorization from the rights holder;
(D) Counterfeit or Unauthorised Goods: unauthorized sale or resale of a brand name or
designer products or services; sale of goods or services that are illegally imported or
exported or which are stolen;
(E) Regulated Products and Services: marijuana dispensaries and related businesses;
sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical
services; age-restricted goods or services; weapons and munitions; gunpowder and
other explosives; fireworks and related goods; toxic, flammable, and radioactive
materials;
(F) Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any
equipment designed for making or using drugs, such as bongs, vaporizers, and
hookahs;
(G) Pseudo-Pharmaceuticals: pharmaceuticals and other products that make health
claims that have not been approved or verified by the applicable local and/or national
regulatory body;
(H) Substances designed to mimic illegal drugs: Sale of a legal substance that provides
the same effect as an illegal drug (e.g. salvia, kratom);
(I) Adult Content and Services: pornography and other obscene materials (including
literature, imagery, and other media); sites offering any sexually-related services
such as prostitution, escorts, pay-per-view, and adult live chat features;
(J) Multi-level Marketing: pyramid schemes, network marketing, and referral marketing
programs;
(K) Unfair, predatory, or deceptive practices: investment opportunities or other services
that promise high rewards; sale or resale of a service without added benefit to the
buyer; resale of government offerings without authorization or added value; sites that
we determine in our sole discretion to be unfair, deceptive, or predatory towards
consumers; an
(L) High-risk businesses: any businesses that we believe pose elevated financial risk,
legalliability, or violate card network or bank policies.
2. Conditional Use. Express written consent and approval from OXCEAN must be
obtained before using OXCEAN Services for the following categories of business
and/or use (“Conditional Uses”). Consent may be requested by contacting us.
OXCEAN may also require you to agree to additional conditions, make supplemental
representations and warranties, complete enhanced on-boarding procedures, and operate
subject to restrictions if you use OXCEAN Services in connection with any of the following
businesses, activities, or practices:
(A) Money Services: Money transmitters, Digital Currency transmitters; currency or
Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game
currency unless the merchant is the operator of the virtual world; act as a payment
intermediary or aggregator or otherwise resell any of the OXCEAN Services;
(B) Charities: Acceptance of donations for non-profit enterprises;
(C) Games of Skill: Games which are not defined as gambling under this Agreement or
by law, but which require an entry fee and award a prize; and
(D) Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual
organization.
Please note: We accept funds and forward them to the recipient within a maximum of 60
days. If the funds are not forwarded within this period, we are required to return the funds to
their original sender, in accordance with FINMA Guidance 03/2017.
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 device systems;
– the Application Program Interfaces (API);
– the 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;
What the User should know
Usage of this Website and the Service is age restricted: to access and use this Website
and its Service the User must be an adult under applicable law.
Please note that some provisions in these Terms may only apply to certain categories of
Users. In particular, certain provisions may only apply to Consumers or to those Users that
do not qualify as Consumers. Such limitations are always explicitly mentioned within each
affected clause. In the absence of any such mention, clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when
using this Website. Single or additional conditions of use or access may apply in specific
scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
– There are no restrictions for Users in terms of being Consumers or Business
Users;
– Users must be recognized as adult by applicable law;
– Users aren’t 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 “terrorist-supporting”
country;
– Users aren’t 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 required data
or information in a complete and truthful manner. Failure to do so will cause unavailability of
the Service.
Users are responsible for keeping their login credentials confidential and safe. For this
reason, Users are also required to choose passwords that meet the highest standards of
strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their
username and password.
Users are required to immediately and unambiguously inform the Owner via the contact
details indicated in this document, if they think their personal information, including but not
limited to User accounts, access credentials or personal data, have been violated, unduly
disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Website is subject to the conditions outlined below. By
registering, Users agree to meet such conditions.
– Accounts registered by bots or any other automated methods are not permitted.
– Unless otherwise specified, each User must register only one account.
– Unless explicitly permitted, a User account may not be shared with other
persons.
Account termination
Users can terminate their account and stop using the Service at any time by doing the
following:
– By using the tools provided for account termination on this Website.
– By directly contacting the Owner at the contact details provided in this
document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and
without notice, User accounts that it deems inappropriate, offensive or in violation of these
Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for
compensation, damages or reimbursement. The suspension or deletion of accounts due to
causes attributable to the User does not exempt the User from paying any applicable fees or
prices.
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this
Website is owned or provided by the Owner or its licensors. The Owner undertakes its
utmost effort to ensure that the content provided on this Website infringes no applicable legal
provisions or third-party rights. However, it may not always be possible to achieve such a
result. In such cases, without prejudice to any legal prerogatives of Users to enforce their
rights, Users are kindly asked to preferably report related complaints using the contact
details provided in this document.
Rights regarding content on this Website
All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the
proper use of the Service. In particular, but without limitation, Users may not copy, download,
share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell,
sublicense, edit, transfer/assign to third parties or create derivative works from the content
available on this Website, nor allow any third party to do so through the User or their device,
even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some
content available through this Website for its sole personal and non-commercial use and
provided that the copyright attributions and all the other attributions requested by the Owner
are correctly implemented. Any applicable statutory limitation or exception to copyright shall
stay unaffected.
Access to external resources
Through this Website Users may have access to external resources provided by third
parties. Users acknowledge and accept that the Owner has no control over such resources
and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable
to any possible grant of rights in content, result from each such third parties’ terms and
conditions or, in the absence of those, applicable statutory law.
In particular, on this Website Users may see advertisements provided by third parties. The
Owner does not control or moderate the advertisements displayed via this Website. If Users
click on any such advertisement, they will be interacting with any third party responsible for
that advertisement.
The Owner is not responsible for any matters resulting 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 within the scope of what they are provided
for, under these Terms and applicable law. Users are solely responsible for making sure that
their use of this Website and/or the Service violates no applicable law, regulations or third-
party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its
legitimate interests including denying Users access to this Website or the Service,
terminating contracts, reporting any misconduct performed through this Website or the
Service to the competent authorities – such as judicial or administrative authorities –
whenever Users are suspected to be in violation of any laws, regulations, third-party rights
and/or these Terms, including, but not limited to, by engaging in any of the following
activities:
Conduct restrictions
– pretending to fulfil any possible condition or requirements for accessing this
Website and/or using the Services, such as for instance being adult according to
law or qualifying as a Consumer;
– concealing their identity or stealing someone else's identity or pretend to be or
represent a third-party, if not allowed to do so by such third-party;
– manipulating identifiers to disguise or otherwise conceal the origin of their
messages or of the content posted;
– defaming, abusing, harassing, using threatening practices, threatening or
violating the legal rights of others in any other way;
– promoting activity that may endanger the User’s life or the life of any other User
or lead to physical harm. This includes but is not limited to suicide threats or
instigations, intentional physical trauma, the use of illegal drugs, or excessive
drinking. Under no circumstance is any User allowed to post any content
promoting and/or encouraging and/or showing any self-destructive or violent
behavior on this Website;
– probing, scanning or testing the vulnerability of this Website, including the
services or any network connected to the website, nor breaching the security or
authentication measures on this Website, including the services or any network
connected to this Website;
– installing, embedding, uploading or otherwise incorporating any malware into or
via this Website;
– using this Website or the technical infrastructure in an abusive, excessive or
otherwise inappropriate way (for example: for spamming purposes);
– attempting to disrupt or tamper with the technical infrastructure in a manner that
harms or places an undue burden on this Website or the Service;
– offering Products via this Website that cannot legally be sold or that are currently
not available for sale (e.g. not in stock);
– manipulating the price of Products offered or failing to deliver Products sold;
– instigating other Users to complete a transaction started on this Website outside
of this Website in order to save any applicable service fees;
Scraping
– adopting any automated process to extract, harvest or scrape information, data
and/or content from this Website and all the digital properties thereto related
unless where explicitly allowed to do so by the Owner;
Content restrictions
– disseminating or publishing content that is unlawful, obscene, illegitimate,
libelous or inappropriate;
– publishing any content that promotes, either directly or indirectly, hate, racism,
discrimination, pornography, violence;
– disseminating or publishing any content that is false or may create unjustified
alarm;
– using this Website to publish, disseminate or otherwise provide content
protected by intellectual property laws, including but not limited to patent,
trademark or copyright law, unlawfully and without the legitimate right-holder’s
consent;
– using this Website to publish, disseminate or otherwise make available any other
content which infringes on any third-party rights, including but not limited to
state, military, trade or professional secrets and personal data;
– publishing any content or carrying out any activity that disrupts, interrupts,
harms, or otherwise violates the integrity of this Website or another User’s
experience or devices. Such activities include: spamming, distributing
unauthorized advertisements, phishing, defrauding others, spreading malware or
viruses etc.;
– publishing or otherwise disseminating false, inaccurate, misleading, defamatory,
or libellous content regarding any Products offered via this Website;
User protection
– misappropriating any account in use by another User;
– harvesting or collecting any personally identifying information of other Users
including but not limited to their email addresses or contact information, by
circumventing the privacy setting of other Users’ accounts on this Website or by
any other means;
– using any information relating to other Users, including personal or contact data,
for purposes other than those this Website is intended for;
Commercial use restrictions
– registering or using this Website in order to promote, sell or advertise products
or services of any kind in any way;
– indicating or trying to imply in any manner, that a User stands in a qualified
relationship with this Website or that this Website has endorsed the User, the
User’s products or services or any third party’s products and services for any
purpose;
Software license
The software embedded in or related to this Website is provided under a some-rights-
reserved license. This means that Users are granted broad rights, including but not limited to
the rights to use, execute, copy or distribute the software, to the extent determined by such
license.
The terms of such license shall always prevail upon conflicting, divergent or inconsistent
provisions of these Terms. Users may find further information regarding the license terms in
the relevant section of this Website.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on this Website, as part of the Service, are provided on the
basis of payment. The fees, duration and conditions applicable to the purchase of such
Products are described below and in the dedicated sections of this Website. To purchase
Products, the User must register or log into this Website.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this
Website and are subject to change without notice. While Products on this Website are
presented with the greatest accuracy technically possible, representation on this Website
through any means (including, as the case may be, graphic material, images, colors,
sounds) is for reference only and implies no warranty as to the characteristics of the
purchased Product. The characteristics of the chosen Product will be outlined during the
purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing
process.
The purchasing process includes these steps:
– Users must choose the desired Product and verify their purchase selection.
– After having reviewed the information displayed in the purchase selection, Users
may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
– The submission of an order determines contract conclusion and therefore
creates for the User the obligation to pay the price, taxes and possible further
fees and expenses, as specified on the order page.
– In case the purchased Product requires an action from the User, such as the
provision of personal information or data, specifications or special wishes, the
order submission creates an obligation for the User to cooperate accordingly.
– Upon submission of the order, Users will receive a receipt confirming that the
order has been received.
All notifications related to the described purchasing process shall be sent to the email
address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any
fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:
– either exclusive or inclusive of any applicable fees, taxes and costs, depending
on the section the User is browsing.
Methods of payment
Information related to accepted payment methods is made available during the purchasing
process. Some payment methods may only be available subject to additional conditions or
fees. In such cases related information can be found in the dedicated section of this
Website.
Payment methods marked accordingly are managed directly by the Owner. In this case, the
Owner collects and stores the data necessary for the processing of payments and for
fulfilling any legal obligation related to them. The User may read the privacy policy of this
Website to learn more about the data processing and Users’ rights regarding their data.
Other payment methods – if any – are independently provided by third-party services. In
such cases this Website collects no payment information – such as credit card details – but
only receives a notification from the relevant third-party provider once the payment has been
successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil
the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any
related expenses or damages from the User.
Virtual Currency for exclusive use inside this Website
On this Website certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any
traditional currency, any other open digital currency, goods or any other values. By
purchasing Virtual Currency, Users acknowledge and understand that it may only be used
within this Website for the purposes expressly authorized by the Owner within the framework
of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell,
or exchange such Virtual Currency outside of the Service.
Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for
money, or exchange Virtual Currency for value of any kind outside of the dedicated offering
provided by the Owner through this Website. Any such prohibited use or transaction shall be
considered null and void and could result in legal action being taken against the User.
In case of contract or account termination for any cause attributable to the User, any and all
unused Virtual Currency shall be forfeited and no refund shall be granted.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered
shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is
received by the Owner.
Delivery
Delivery of digital content
Unless otherwise stated, digital content purchased on this Website is delivered via download
on the device(s) chosen by Users. Users acknowledge and accept that in order to download
and/or use the Product, the intended device(s) and its respective software (including
operating systems) must be legal, commonly used, up-to-date, and consistent with current
market-standards. Users acknowledge and accept that the ability to download the purchased
Product may be limited in time and space.
Performance of services
The purchased service shall be performed or made available within the timeframe specified
on this Website or as communicated before the order submission.
Guarantees
Users who have purchased products on this Website may take advantage of the after-sales
assistance services related to their purchase at no cost for the entire guarantee period by
contacting the Owner at the contact details provided in this document.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in
connection with the execution of the Agreement shall be excluded, limited and/or reduced to
the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners and employees harmless from and against any
claim or demand — including but not limited to lawyer's fees and costs — made by any
third party due to or in relation with any culpable violation of these Terms, third-party rights or
statutory provisions connected to the use of the Service by the User or its affiliates, officers,
directors, agents, co-branders, partners and employees to the extent allowed by applicable
law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have
no right to claim damages against the Owner (or any natural or legal person acting on its
behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from
the breach of material contractual obligations such as any obligation strictly necessary to
achieve the purpose of the contract, and/or damages resulting from intent or gross
negligence, as long as this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life,
health or physical integrity, the Owner shall only be liable to the extent of typical and
foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
– damages or losses resulting from interruptions or malfunctions of this Website
due to acts of force majeure, or unforeseen and unforeseeable events and, in
any case, independent of the will and beyond the control of the Owner, such as,
but not limited to, failures or disruptions of telephone or electrical lines, the
Internet and / or other means of transmission, unavailability of websites, strikes,
natural disasters, viruses and cyber attacks, interruptions in the delivery of
products, third-party services or applications;
– any loss of business opportunities and any other loss, even indirect, that may be
incurred by the User (such as, but not limited to, trading losses, loss of revenue,
income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, etc.);
– any losses that are not the direct consequence of a breach of the Terms by the
Owner;
– any damage, prejudice or loss occurring due to viruses or other malware
contained in or connected to files available for download from the internet or via
this Website. Users are responsible for implementing sufficient security
measures – such as anti-viruses and firewalls to prevent any such infection or
attack and for securing backup copies of all data or information exchanged via or
uploaded to this Website.
Notwithstanding the above, the following limitation applies to all Users not qualifying as
Consumers: In any event of liability, the compensation may not exceed the total payments
that have been, will be or would be received by the Owner from the User based on the
contract over a period of 12 months, or the period of the duration of the Agreement, if
shorter.
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is
at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly
disclaims all conditions, representations, and warranties — whether express, implied,
statutory or otherwise, including, but not limited to, any implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third-party rights. No advice or
information, whether oral or written, obtained by the User from the Owner or through the
Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not warrant that the
content is accurate, reliable or correct; that the Service will meet Users’ requirements; that
the Service will be available at any particular time or location, uninterrupted or secure; that
any defects or errors will be corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of the Service
is downloaded at Users' own risk and Users shall be solely responsible for any damage to
Users’ computer system or mobile device or loss of data that results from such download or
Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product
or service advertised or offered by a third party through the Service or any hyperlinked
website or service, and the Owner shall not be a party to or in any way monitor any
transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web
browser, mobile device, and/or operating system. The owner cannot be held liable for any
perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations
of certain implied warranties. The above exclusions may not apply to Users. This Agreement
gives Users specific legal rights, and Users may also have other rights which vary from state
to state. The disclaimers and exclusions under this agreement shall not apply to the extent
prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for:
– any indirect, punitive, incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits, goodwill, use, data or
other intangible losses, arising out of or relating to the use of, or inability to use,
the Service; and
– any damage, loss or injury resulting from hacking, tampering or other
unauthorized access or use of the Service or User account or the information
contained therein;
– any errors, mistakes, or inaccuracies of content;
– personal injury or property damage, of any nature whatsoever, resulting from
User access to or use of the Service;
– any unauthorized access to or use of the Owner’s secure servers and/or any
and all personal information stored therein;
– any interruption or cessation of transmission to or from the Service;
– any bugs, viruses, trojan horses, or the like that may be transmitted to or through
the Service;
– any errors or omissions in any content or for any loss or damage incurred as a
result of the use of any content posted, emailed, transmitted, or otherwise made
available through the Service; and/or
– the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-
branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities,
obligations, damages, losses or costs in an amount exceeding the amount paid by User to
the Owner hereunder in the preceding 12 months, or the period of duration of this agreement
between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence,
strict liability, or any other basis, even if the User has been advised of the possibility of such
damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, therefore the above limitations or exclusions may not apply to the User. The terms
give User specific legal rights, and User may also have other rights which vary from
jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the
terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers and employees harmless from
and against any and all claims or demands, damages, obligations, losses, liabilities, costs or
debt, and expenses, including, but not limited to, legal fees and expenses, arising from
– User’s use of and access to the Service, including any data or content
transmitted or received by User;
– User’s violation of these terms, including, but not limited to, User’s breach of any
of the representations and warranties set forth in these terms;
– User’s violation of any third-party rights, including, but not limited to, any right of
privacy or intellectual property rights;
– User’s violation of any statutory law, rule, or regulation;
– any content that is submitted from User’s account, including third party access
with User’s unique username, password or other security measure, if applicable,
including, but not limited to, misleading, false, or inaccurate information;
– User’s wilful misconduct; or
– statutory provision by User or its affiliates, officers, directors, agents, co-
branders, partners, suppliers and employees to the extent allowed by applicable
law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a
waiver of any such right or provision. No waiver shall be considered a further or continuing
waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the
Service for maintenance, system updates or any other changes, informing the Users
appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue
the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to
enable them to withdraw personal data or information and will respect User’s rights relating
to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s
reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts
etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website
and of its Service without the Owner’s express prior written permission, granted either
directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of
this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property
rights, such as copyrights, trademark rights, patent rights and design rights related to this
Website are the exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks,
word marks, illustrations, images, or logos appearing in connection with this Website are,
and remain, the exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such
cases, the Owner will appropriately inform the User of these changes. Such changes will
only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised
Terms. If Users do not wish to be bound by the changes, they must stop using the Service
and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance.
The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will
take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any
or all rights or obligations under these Terms, taking the User’s legitimate interests into
account. Provisions regarding changes of these Terms will apply accordingly. Users may not
assign or transfer their rights or obligations under these Terms in any way, without the written
permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact
information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under
applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed
in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in
provides for higher applicable consumer protection standards, such higher standards shall
prevail.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably. While
User’s right to take legal action shall always remain unaffected, in the event of any
controversy regarding the use of this Website or the Service, Users are kindly asked to
contact the Owner at the contact details provided in this document. The User may submit the
complaint 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 10 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute
resolutions that facilitates an out-of-court method for solving disputes related to and
stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or
Liechtenstein can use such platform for resolving disputes stemming from contracts which
have been entered into online. The platform is available at the following link
Latest update: April, 4th 2025
