This application is offered by:

Restless UG
Gärtnerstraße 19
20253 Hamburg

E-mail address of the provider: hi@brain2canvas.com

Information about this application

Workshop team building design app

The most important things at a glance

• It should be noted that individual provisions of these General Terms and Conditions may only be relevant for certain categories of users, for example only for consumers or only for users who do not act as consumers. Such restrictions on the scope of application are expressly referred to in each affected clause. If such a notice is missing, the clause applies to all users.

• Access to this application and the service is age-restricted and is only available to users of legal age in accordance with applicable law.

• The right of withdrawal is only available to European consumers.

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TERMS OF USE

Unless otherwise stated, accessing this Application is subject to the terms and conditions set forth in this section.

Individual or additional terms and conditions of use or access may apply in certain circumstances and in such cases will be expressly identified herein.

By using the service, users confirm that they meet the following conditions:

• Users can be consumers or business customers;

• Users must be of legal age according to applicable law;

Account creation

To use the service, users can register or create a user account by providing all required data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may lead to limited availability of certain functions.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible through this application.

When registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to immediately and unequivocally inform the provider using the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been violated, unlawfully disclosed or stolen.

Termination of the user account

User accounts can be deleted at any time as follows:

• By contacting the provider directly using the contact details provided in this document.

Blocking and deletion of the user account

The Provider reserves the right, at its sole discretion, to block or delete user accounts that it deems inappropriate or offensive or that in its sole discretion violate these Terms and Conditions at any time and without prior notice.

Due to the blocking or deletion of user accounts, the user does not incur any claims for damages, indemnity or reimbursement.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this application

Unless otherwise stated or clearly indicated, all content available through this Application is the property of the Provider and is provided by the Provider or its licensors.

The provider makes every effort to ensure that the content provided via this application does not violate applicable legal regulations or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected by this.

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, alter, redesign, publish, transfer to or to third parties, sell or license the content, nor to enable third parties - even without the user's knowledge - to carry out the above-mentioned actions via their own device.

[Edit

Legal restrictions or exceptions remain unaffected.

Access to external resources

Users may be able to access external resources provided by third parties through this Application. Users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted arise from the contractual provisions of each third party or, alternatively, from the applicable legal regulations.

Permitted Use

This application and the service may only be used as intended and in accordance with these General Terms and Conditions and in accordance with the applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or use of the service does not violate any legal provisions, regulations or third-party rights.

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: b.To deny users access to this application or the service, to terminate contracts, to report objectionable actions taking place via this application or the service to the relevant authorities - such as judicial or administrative authorities - if users demonstrably or presumably:

• violate legal provisions, regulations or these Terms and Conditions; or
• Violate the rights of third parties; or
• significantly impair the legitimate interests of the provider; or
• insult the provider or a third party.

WORKSHOPS AND EVENT DATES

Precedence: The provisions of this section apply to bookings of graffiti workshops, action painting workshops and guided street art tours. They take precedence over the other provisions of these Terms and Conditions where those assume a delivery of goods, in particular the sections on delivery, unsuccessful delivery, retention of title, virtual currency and statutory warranty for goods.

1. Subject matter

The provider delivers graffiti workshops, action painting workshops and guided street art tours as events on agreed dates. These services are not a delivery of goods.

2. Conclusion of the contract

The contract is concluded upon the provider's written or electronic order confirmation, or, for bookings placed through the online shop, upon the order confirmation. The agreement covers date, location, format and number of participants.

3. Prices and payment

Prices follow the price scale valid at the time of booking. Towards businesses they are stated net plus statutory VAT, towards consumers as a total price including VAT. The fee is payable in full before the event date, either through the online shop or against invoice. If the actual number of participants falls below the booked tier of the price scale, the booked tier remains decisive for the calculation, because staff, material and travel are costed for the booked group size.

4. Cancellation by the customer, cancellation fee

The customer may cancel the agreed date free of charge up to 30 days before the event day. In the event of a cancellation from the 30th day before the event day onwards, and in the event of no-show, the customer owes the agreed fee less the provider's saved expenses. As staff, material, travel and the permit for the event surface are already committed at that point, saved expenses are regularly low. The customer remains entitled to prove that the provider incurred no loss or a substantially lower loss. Cancellations must be made in text form.

5. Postponement

Instead of cancelling, the customer may agree a replacement date once, up to 30 days before the event day, provided the provider and the chosen surface have capacity; the replacement date should fall within twelve months. A later postponement is possible but leaves the claim under clause 4 unaffected to the extent that the provider cannot fill the released date otherwise.

6. Outdoor events, weather

Graffiti workshops take place exclusively at legal wall surfaces outdoors. The provider runs the event in rain, cold and snow as well; protective clothing is supplied by the provider. Weather alone does not entitle the customer to cancel without compensation.

If weather conditions or an official order make an outdoor event unreasonable or impossible, the provider offers the customer a reasonable alternative:

• postponement to a replacement date under clause 5, or
• a covered or otherwise sheltered alternative surface outdoors, where available.

For action painting workshops, a change to a format on canvas held in suitable rooms of the customer or on a surface provided by the customer may additionally be considered. A graffiti workshop is not moved onto canvas or indoors.

If the customer does not accept a reasonable alternative offered, clause 4 applies accordingly. If the provider cannot offer a reasonable alternative, the obligation to pay for the event not held ceases and amounts already paid are refunded. A change of surface does not change the agreed fee. There is no entitlement to the event being held at a particular wall surface.

7. Surface, permit, customer's cooperation

The provider obtains the permit for legal wall surfaces that it proposes itself. Where the customer provides the surface or the rooms, the customer warrants that it is entitled to dispose of them and that they are suitable for the agreed number of participants; access, electricity, water and, where required, the consent of the owner or landlord are the customer's responsibility. If a permit obtained by the provider lapses through no fault of the provider, clause 6 applies accordingly.

The event venue, catering and drinks are not included in the price unless expressly agreed otherwise.

8. Delivery of the event, safety, participants

The provider covers the working surface with protective material and supplies gloves and protective clothing. Participants must follow the instructions of the workshop leaders, in particular regarding distance, ventilation and handling of paint.

The provider may exclude from participation any person who, despite being advised, disregards safety instructions or is visibly under the influence of alcohol or drugs; the provider documents the incident. The fee remains unaffected in such cases. Minors may participate only with the consent of their legal guardians and accompanied by a supervising person.

9. Cancellation by the provider

If the provider is unable to hold the event for reasons beyond its responsibility, in particular illness of the workshop leaders or official orders, it offers a replacement date. If no replacement date is agreed, the provider refunds any fee already paid in full. Further claims by the customer are governed by clause 13.

10. Work results

Works created during the workshop on canvas or paper become the property of the customer upon completion of the event and are handed over on site; no retention of title applies in this respect and no shipping or framing is owed. The customer acquires no ownership of and no entitlement to the preservation of works on public or third-party wall surfaces; such surfaces are painted over regularly.

11. Photography and filming

The provider takes photographs and film footage of the event and of the works created. Images in which participants are identifiable are used by the provider for its own promotional purposes only with their prior consent, obtained separately and documented on site. Consent is voluntary, is not required in order to take part, and may be withdrawn at any time with effect for the future.

The customer receives the footage of the event for internal use and for its own channels. The customer is named as a reference only with its approval. Details of data processing are set out in the privacy policy.

12. Right of withdrawal for events on a specified date

For contracts for services in connection with leisure activities for which a specific date or period is provided, there is no right of withdrawal (Section 312g(2) no. 9 German Civil Code). Where a date is agreed only after conclusion of the contract, for example when purchasing a voucher, the exclusion applies from the point at which the date is bindingly agreed; until then the statutory right of withdrawal applies in accordance with the withdrawal instructions. Businesses have no right of withdrawal in the first place. Clauses 4 and 5 remain unaffected.

13. Liability

The provider's liability for damage arising from injury to life, body or health, and for damage caused intentionally or by gross negligence, is unlimited. For damage arising from a breach of material contractual obligations, the fulfilment of which is essential to the proper delivery of the event and on the observance of which the customer may regularly rely, the provider is liable in cases of simple negligence limited in amount to the foreseeable damage typical of this type of contract. Liability for simple negligence is otherwise excluded. Liability under the German Product Liability Act remains unaffected.

14. Insurance, damage to the customer's surfaces

The provider maintains public liability insurance. Where rooms or surfaces are provided by the customer, the provider is liable for damage caused there in accordance with clause 13. The customer is liable for damage caused by participants outside the area of responsibility of the workshop leaders.

15. Default

If the customer defaults on payment, the statutory rules on default apply (Sections 286, 288 German Civil Code); default interest amounts to nine percentage points above the base rate towards businesses and five percentage points above the base rate towards consumers.

16. Set-off and right of retention

The customer may set off only claims that are undisputed or have been finally determined by a court. The customer has a right of retention to the extent that its counterclaim arises from the same contractual relationship; the statutory rights of consumers remain unaffected.

17. Force majeure

If a party is unable to fulfil its obligations because of an event of force majeure, in particular natural disasters, official orders, epidemics or strikes, despite reasonable efforts, the obligations affected are suspended for the duration and to the extent of the impairment. If the event lasts longer than six weeks, either party may withdraw from the contract; amounts already paid are refunded and no further claims arise.

18. Limitation periods

The statutory limitation periods apply (Sections 195, 199 German Civil Code) unless these Terms and Conditions provide otherwise.

19. Text form

Declarations by the customer relating to this contract, in particular cancellation and postponement, must be made in text form (Section 126b German Civil Code).

20. Place of jurisdiction

Where the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Hamburg. Towards consumers, the statutory rules on jurisdiction apply.

TERMS OF SALE

Paid products

Some of the products available through this Application as part of the Service are subject to payment.

Prices, terms and other terms and conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this application and to the relevant sections.

Product description

Prices, descriptions and availability of products can be viewed in the relevant areas of this Application and are subject to change without notice.

Although products on this application are presented with the greatest possible technical care, representations of any kind (including graphical representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the purchased product.

The characteristics of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the purchasing process.

The purchase process includes the following steps:

• The user selects the desired product from the range and checks their own product selection.
• After checking the product selection information, the user can place the order by sending it to the provider.

Placing the order

When the user places an order, the following applies:

• The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses in accordance with the information on the order page.
• If information is required from the user, such as personal information or data, specifications or special requests, the placing of the order constitutes an obligation on the part of the user to cooperate accordingly.
• After placing the order, users receive a confirmation of receipt.

All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.

Prices

Users will be informed of all fees, taxes and costs (including any shipping costs) they will be responsible for during the purchase process and before placing the order.

Prices are displayed through this application as follows:

• either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.

Payment methods

Information about accepted payment methods will be provided during the checkout process.

Some payment methods may only be available subject to additional terms or fees.In these cases you will find the relevant information in the relevant section of the Service (this Application).

All payments are processed through third party providers. Therefore, this application does not collect payment information – like z.B. Credit card details - but only receives a notification when the payment has been successfully completed.

If payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. If a payment fails or is declined, the Provider reserves the right to claim any associated costs or damages from the User.

Virtual currency for exclusive use within this application

this application allows certain payments using a virtual currency. Unless otherwise stated, such virtual currency is not tradable, exchangeable or redeemable for any traditional currency, other digital currency, goods or values.

By purchasing virtual currency, users acknowledge and understand that it can and may only be used through this application and only for the purposes expressly approved by the provider as part of its services. Users also acknowledge and agree that such Virtual Currency may not be transferred, purchased, sold or exchanged outside of the Service.

Accordingly, users may neither sublicense nor trade the virtual currency, nor sell or attempt to sell it for money. Users are also not allowed to exchange the virtual currency for values ​​of any kind. The virtual currency may only be used within the provider's offering made available via this application. Any prohibited use or transaction mentioned above will be deemed null and void and may result in legal action against the user.

In the event of contract or account termination for a reason attributable to the user, any unused virtual currency will be forfeited and no refund will be given.

Retention of title

The ordered products only become the property of the user once the entire purchase price has been paid by the provider.

Maintenance of usage rights

Users do not acquire any usage rights to the purchased product until the provider has received payment of the entire purchase price.

Delivery

Deliveries are made to the address specified by the user and in the manner specified in the order overview.

Upon delivery, the User must check the contents of the delivery and immediately report any discrepancies using the contact details provided in this document or as described in the delivery note. Users can refuse to accept the package if there is visible damage.

This application describes in the relevant section the countries or territories to which the goods will be delivered.

This application also describes the relevant delivery times, or alternatively these can be set during the purchase process.

Unsuccessful delivery

The provider is not liable for delivery errors due to inaccuracies or incompleteness when carrying out the order by the user, nor for damages or delays after handover to the carrier if the latter was commissioned by the user and was not recommended or provided by the provider.

If the goods have not been received at the specified time or picked up within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.

Unless otherwise agreed, the user bears the costs for every further delivery attempt from the second delivery attempt onwards.

Provision of digital content

Unless otherwise specified, digital content purchased through this Application is transferred via download to the devices chosen by users.

Users acknowledge and accept that the device(s) intended for downloading and/or using the Product and the relevant software (including operating systems) must be legal, commonly used, current and in accordance with current market standards.

Users acknowledge and accept that the possibility of downloading the purchased product may be limited in time and space.

User rights

Right of withdrawal

Note for workshops and tours: For graffiti workshops, action painting workshops and guided street art tours held on a specified date, clause 12 of the section "Workshops and event dates" applies with precedence; it sets out when a right of withdrawal exists and when it is excluded under Section 312g(2) no. 9 German Civil Code.

Unless there are any exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can find out more about the cancellation conditions.

To whom the right of withdrawal applies

Under EU law, European consumers have a legal right of withdrawal from contracts concluded online (distance contracts). You may withdraw from the contract within the applicable period for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.

The rights set out in this section do not apply to users who do not act as European consumers.

Exercise the right of withdrawal

In order to exercise his right of withdrawal, the user must send the provider an unambiguous statement stating his decision to withdraw.

For this purpose, users can use the model withdrawal form that they can find in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unequivocal statement in another, appropriate manner. In order to comply with the deadline for exercising this right, the user must submit the declaration of revocation before the expiry of the revocation period.

When does the cancellation period expire?

• When purchasing goods , the withdrawal period ends 14 days after the day on which the user or a third party designated by him, who is not the carrier, comes into possession of the goods.

• When purchasing several goods in one order, which are then delivered separately, the cancellation period ends 14 days after the day on which the user or a third party designated by him, who is not the carrier, comes into possession of the last delivered goods, the last batch or the last part.

Effects of revocation

Users who properly revoke a contract will have all payments made to the provider refunded, including delivery costs if applicable.

However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider will make the repayment using the same payment method that the user used in the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.

...when purchasing goods

The user must return or hand over the goods to the provider or a person authorized by the provider to receive the goods immediately and in any case no later than 14 days from the day on which he notified the provider of his decision to withdraw from the contract, unless the provider has offered to collect the goods himself.

The deadline is met if the user hands over the goods to the carrier before the expiry of the 14 day period or otherwise returns the goods as specified above. The provider may refuse repayment until he has received the goods back or until the user has provided evidence that he has sent the goods back, whichever is the earlier.

The user is only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

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

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

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

Effects of cancellation

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

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…ON THE PURCHASE OF PHYSICAL GOODS

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until receipt of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

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

Direitos do Usuário brasileiro

Direito de arrependimento

Salvo se for estipulada abaixo uma exceção aplicável, os Usuários Consumidores no Brasil terão or direito legal de arrependimento de acordo com a legislação brasileira. It is significant that the consumer has the right to rescind the contracts online (contracts at a distance from celebrities for commercial establishment) by the same motive and justification, no prazo de 7 (sete) dias a contar da data da celebração do contrato ou do receive the product or service. Users who do not qualify as consumers cannot benefit from the directives established in the nest. O direct de arrependimento poderá ser exercido pelo Consumidor por meio dos canais de contacto indicados no início de documento e de acordo com as orientações desta Seção.

Exercício do direito de arrependimento

Para exercer or direito de arrependimento, os Usuários devem enviar ao Proprietário uma declaração inequívoca de sua intenção de rescindir o contrato. Para tanto, os Usuários poderão utilizar o modelo de formulário de rescisão disponível na seção “definições” of the document. No entanto, os uários são livres para expressar sua vontade de rescindir or contrato através de uma declaração inequívoca por qualquer via adequada. Para respeitar or prazo estabelecido para o exercício de tal direito, os Usuários devem enviar or aviso de arrependimento antes do fim do prazo. When to terminate or when to arrive?

• Em relação à compra de produtos, o prazo de arrependimento é de 7 (sete) dias após a data de recebimento do produto pelo Usuário ou um terceiro designado pelo Usuário que Not sure about the transporter.

• No case of compra de múltiplos produtos encomendados em conjunto mas entregues de forma separada, ou no case de compra de um único The product is made up of various lots or pieces in separate formats, or the order of 7 (set) days is based on the date of receipt of the latest product, lot or piece of the product used or the terceiro designed for the product that is not used seja o transportador.

• Em relação à aquisição de um serviço, o prazo de arrependimento é de 7 (sete) dias após a data da celebração do contrato, e somente se o serviço ainda não tiver sido prestado.

Efeitos do arrependimento

Os Usuários que rescindirem corretamente um contrato serão reembolsados pelo Proprietário por allos os pagamentos feitos ao Proprietário, incluindo, se houver, aqueles que cobrem os custos de entrega.

No entanto, not serão reembolsados quaisquer custos adicionais resultsantes da escolha de um método de entrega específico que no seja or tipo de entrega padrão mais barato oferecido pelo Proprietário.

This reembolso has been realized with this demora injustificada and no prazo maximo de 14 (catorze) dias, a contact with the dia em que o Proprietário foi informado da decisão do Usuário de rescindir o contrato ou da devolução efetiva do produto, o que ocorrer por último. Salvo se acordado de outra form com o Suário, os reembolsos serão efetuados por meio do mesmo método de pagamento utilizado para processingar a transação initial. The user cannot correct the quaisquer custos or taxas em razão de tal reembolso.

…NA COMPRA DE PRODUTOS FÍSICOS

Salvo se o Proprietário tiver se disponibilizado para coletar os produtos, os Usuários devem devolvê-los ou entregá-los ao Proprietário or a uma pessoa autorizada por este a receber os produtos, sem demora injustificada e no prazo de 14 (catorze) dias a contar da data da communicação da decisão de rescisão do contrato.

O prazo terá sido cumprido se o produto for entregue ao transportador ou devolvido, conforme indicado acima, antes do fim do prazo de 14 (catorze) dias estipulado para a devolução. O reembolso pode ser retido até a recepção dos produtos ou até que os Usuários apresentem prova da devolução, o que ocorrer primeiro.

Os Usuários so serão responsáveis pela redução do valor dos produtos que resulte do manuseio além do necessário para a guarantee de sua natureza, characteristics e funcionamento.

Os custos de volução dos produtos serão arcados pelo Proprietário.

…NA COMPRA DE SERVIÇOS

Quando o Usuário exerce or direito de arrependimento após a solicitação da execução do serviço, mesmo antes do fim do período de arrependimento, or Usuário deverá pagar ao Proprietário uma quantia que seja proportional à parte do serviço prestado.

Tal pagamento será calculado com base no value contratualmente acordado, e será proportional to parte do serviço prestado até or momento em que o Usuário cancelar or serviço.

Guarantees

Statutory warranty law according to EU law

According to EU law, entrepreneurs are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.

For users who act as European consumers, goods available through this Application are subject to the statutory warranty law in accordance with the laws of the country of their habitual residence.

The national laws of these countries may provide users with broader rights.

For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Garantia legal de conformidade de produtos para Consumidores no Brasil

A legal guarantee on products commercialized by (physical and digital) obedece in seguintes termos, de acordo com o Código de Defesa do Consumidor:

• os products not durable are guaranteed for 30 (trinta) days; e
• The products are durable and guaranteed for 90 (noventa) days.

O period of warranty começa a partir da data de entrega do produto.

A guarantee does not have a cab in the case of the user, the events are natural or the product is submerged in a qualified technical assistant that is not available for use by this application. A guarantee is given to ensure that the contact can be made via this application. It is necessary to have an arcará proprietário com os custos do envio do produto para avaliação técnica. O Proprietário, a seu critério, também poderá fornecer uma garantia contratual além da garantia legal. As normas aplicáveis ​​às guaranteeas contratuais podem ser encontradas nas specificações fornecidas por this application. The information is not foreseen, but the disposições legais serão aplicadas.

Liability and compensation

Unless expressly stated otherwise or agreed with the Users, the Provider's liability for damages related to the execution of the Agreement is excluded, limited and/or limited to the extent permitted by applicable law.

Compensation

To the fullest extent permitted by applicable law, User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any third party claim or demand - including, but not limited to, legal fees and costs - arising out of or in connection with any culpable breach of these Terms and Conditions, third party rights or legal provisions in connection with the use of the Service by the User or its agents, officers, directors, agents, co-branders, partners and employees.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable legal provisions, users have no right to claim damages against the provider (or any natural or legal person acting on its behalf).

This does not apply to damage to life, health or physical integrity or damage due to the breach of an essential contractual obligation, such as z.B. an obligation absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this application was used properly and correctly by the user.

Unless damage was caused intentionally or through gross negligence or impairs life, health or physical integrity, the provider is only liable to the extent of the typical and foreseeable damage at the time the contract was concluded.

Users in Australia

Limitation of Liability

The warranties, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) are entirely unaffected by the provisions of these Terms and Conditions. The same applies to any similar, mandatory state or territorial laws that confer inalienable rights on users. To the extent permitted by law, our liability towards users - including liability for violation of an inalienable right and any other liability not excluded by virtue of these General Terms and Conditions - is limited, at the reasonable discretion of the provider, to subsequent performance or reimbursement of the costs incurred for the renewed provision of the services.

US users

Disclaimer of warranty

This application is provided and made available solely on an "as is" and "as available" basis. Use of the service is at your own risk. The Provider expressly excludes all conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service does not create any warranty unless expressly stated.

Without prejudice to the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content is reliable, accurate or correct; that the service meets users' expectations; that the Service will be available uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data resulting from such download or use of the Service by User.

The Provider assumes no warranty or responsibility for any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither brokered nor monitored by the provider.

The Service may become inaccessible or malfunction with the User's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to Users. This Agreement gives Users certain legal rights, while Users may have other rights depending on the jurisdiction. The exclusions and limitations of liability contained in the Agreement are void unless prohibited by applicable law.

Limitation of Liability

• To the fullest extent permitted by law, in no event shall Provider 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 in connection with the service or the unavailability thereof; and

• any damages and losses resulting from hacking, tampering or other unauthorized access or use of the service or the user account, as well as the information contained therein;
• any errors, mistakes or inaccuracies in content;
• Personal injury or property damage of any kind resulting from access to or use of the service by the user;
• any unauthorized access to the Provider's backup servers and/or the personal information stored therein;
• any interruption or cessation of transmission to or through the Service;
• any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
• any errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
• the defamatory, offensive or illegal conduct of a user or a third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, revenues, liabilities, obligations, damages, losses or costs shall be limited in amount to the amount paid under this Agreement by the User to the Provider in the preceding 12 months or, if less, for the entire term of this Agreement between the Provider and the User.

This limitation of liability shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Provider has been advised of the possibility of such damage was.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the user. These Terms and Conditions give the user certain rights, while the user may have other rights depending on the legal system. The exclusions and limitations of liability in the Terms and Conditions are ineffective to the extent prohibited by applicable law.

Compensation

The User agrees to indemnify and hold harmless the Provider 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 debt and expenses, including but not limited to legal fees and expenses, arising therefrom off

• the user's access to and use of the service, including any data or content transmitted or received by the user;
• the breach of these Terms and Conditions by the User, including, but not limited to, the breach by the User of any of the representations and warranties contained in these Terms and Conditions;
• the violation of third party rights by the user, including but not limited to personal rights or intellectual property rights;
• the violation of legal provisions, rules or regulations by the user;
• any content transmitted from the user account, including in the event of access by third parties using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
• the user's alleged misconduct; or
• the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

Common provisions

No waiver

The failure of the Provider to assert any right under these Terms and Conditions or to enforce any provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform users appropriately.

Within the framework of the legal provisions, the provider can also suspend or terminate the service completely. In the event of discontinuation of the service, the provider will give users the opportunity to secure personal data or information in accordance with applicable law and will take into account any claims of users for continued use and/or compensation under the applicable law.

In addition, service may be unavailable for reasons beyond the control of the provider (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Application and the Service in any way without the express prior written permission of the Provider, granted either directly or through a legitimate reseller program.

Privacy Policy

To learn more about the use of their personal data, users can consult the privacy policy of the service (this application).

Intellectual Property Rights

Without prejudice to any more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of the applicable laws or international treaties relating to intellectual property.

All trademarks, names or design marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Application) are and will remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these Terms and Conditions

The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will adequately inform the user about these changes.

Such changes only apply to the contractual relationship from the time notified to the user.

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If the revised Terms are not accepted, either party may terminate the Agreement. The previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the General Terms and Conditions from the provider.

If required by law, the provider will inform users in advance about the effectiveness of the changed conditions.

Assignment of rights and obligations

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace with Novation or pass on all rights and obligations arising from these General Terms and Conditions.
The provisions regarding changes to the General Terms and Conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the provider.

Contacts

All communications related to the use of the Service (this Application) must be sent to the contact details provided in this document.

Severability clause

If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this will not affect the validity of the remaining provisions, which will remain in full force and effect.

US users

Any such invalid or unenforceable provisions will be interpreted and modified to the extent that they become effective, enforceable and consistent with their original intent. These Terms and Conditions constitute the entire agreement between Users and the Provider on the subject matter of the Agreement and supersede all further communications between the parties on the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.

EU users

If any provision of these Terms and Conditions is or is deemed to be invalid, or is or is to be deemed invalid, the parties will do their best to reach an amicable agreement on valid and enforceable provisions, thereby replacing the invalid, invalid or unenforceable parts.
Otherwise, the invalid, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, to the extent that this is permitted or provided for by the applicable law.

Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not invalidate the entire agreement, unless they are provisions that are essential to the contract or provisions of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining conditions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.

Applicable law

These Terms and Conditions are governed by the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location information in the relevant section of this document.

Priority of national law

However, if the law of the country in which the user is located provides for a higher standard of consumer protection, then that higher standard applies.

Exceção para Consumidores no Brasil

Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for commercializado no Brasil, será aplicada a legislação Brasileira.

Jurisdiction

The courts of the place in which the provider is based - as determined from the information in this document - have exclusive jurisdiction over all disputes arising from or in connection with these General Terms and Conditions.

Exemption for European consumers

This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway or Iceland acting as consumers.

Exceção para Consumidores no Brasil

Acima is not a replica of a Brazilian user who qualifies as consumer.

Dispute resolution

Amicable dispute resolution

Users can contact the provider with all disputes, who will try to resolve them amicably.

The user's right to take legal action always remains unaffected. However, in the event of any dispute regarding the use of the Service (this Application) or the Service, the User is invited to contact the Provider using the contact details provided in this document.

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

The provider will process the request immediately within 2 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland or Liechtstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be reached at the following link.