TERMS AND CONDITIONS
Last
updated
December 13, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Fountain Impact AG
("Company,"
"we," "us," "our"
)
, a company registered in
Switzerland
at Uetlibergstrasse 65, 8045 Zürich, Switzerland
, Zürich
, Zürich
8045
.
Our VAT number is CHE-471.452.754.
We operate
the
website
https://www.fountain.eco
(the "Site"
)
, as well as any other related products and services that refer or
link to
these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by
phone at (+41)792666684, email at
info@wonderfill.ch
, or by mail to Uetlibergstrasse 65, 8045 Zürich, Switzerland
, Zürich
, Zürich
8045
,
Switzerland
.
These Legal Terms constitute a legally
binding agreement
made between you, whether personally or on behalf of an entity (
"you"), and
Fountain Impact
AG, concerning your access to and use of the Services. You agree that by accessing the
Services, you
have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or
documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by reference. We
reserve
the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you
about any
changes by updating the "Last updated" date of these Legal Terms, and you waive any right to
receive
specific notice of each such change. It is your responsibility to periodically review these Legal
Terms to stay
informed of updates. You will be subject to, and will be deemed to have been made aware of and to have
accepted,
the changes in any revised Legal Terms by your continued use of the Services after the date such
revised Legal
Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print
a copy of
these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or use by any person
or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation
or which
would subject us to any registration requirement within such jurisdiction or country. Accordingly,
those persons
who choose to access the Services from other locations do so on their own initiative and are solely
responsible
for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual
property rights in our Services, including all source code, databases, functionality, software,
website designs,
audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service
marks, and
logos contained therein (the "Marks"
).
Our Content and Marks are protected by
copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or
through the
Services "AS IS" for
your internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we
grant you a
non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have
properly
gained access.
solely for your
internal business purpose.
Except as set out in this section or
elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request to:
info@wonderfill.ch. If we ever grant you the permission to post, reproduce,
or
publicly display any part of our Services or Content, you must identify us as the owners or licensors
of the
Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible
on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted
to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please
review this section and the "PROHIBITED
ACTIVITIES
" section carefully
prior to
using our Services to understand the (a) rights you give us and (b) obligations you have when you post
or upload
any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion,
idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you.
You are responsible for what you post or upload: By sending
us
Submissions through any part of the Services
you:
- confirm that you have read and agree with our
"
PROHIBITED ACTIVITIES
" and will not
post, send,
publish, upload, or transmit through the Services any Submission
that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to
the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are
original to
you or that you have the necessary rights and licenses to submit such Submissions
and
that you have full authority to grant us the above-mentioned rights in relation to your Submissions
; and
- warrant and represent that your Submissions
do not
constitute confidential information.
You are solely responsible
for your
Submissions and you expressly agree to reimburse us for any and all
losses that
we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property
rights, or
(c) applicable law.
By using the Services, you represent and
warrant
that:
(1) you have the legal capacity and you agree to
comply with
these Legal Terms;
(2) you are not a
minor in the jurisdiction in which you reside
; (3) you will not access the Services through
automated or
non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any illegal
or unauthorized
purpose; and
(5) your use of the Services will not violate any
applicable
law or regulation.
If you provide any
information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your
account
and refuse any and all current or future use of the Services (or any portion thereof).
4. PRODUCTS
We make
every effort to display as accurately as possible the colors, features, specifications, and details of the products
available
on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products
will be
accurate, complete, reliable, current, or free of other errors, and your electronic display may not
accurately
reflect the actual colors
and
details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock
. We reserve the right to discontinue any products at
any time for
any reason. Prices for all products are subject to change.
We accept the following forms of
payment:
- Visa
- Mastercard
You agree to provide current, complete, and
accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly update
account and payment information, including email address, payment method, and payment card expiration
date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to the price
of
purchases as deemed required by us. We may change prices at any time. All payments shall
be in Swiss Franks.
You agree to pay all charges at the prices
then in
effect for your purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such
amounts
upon placing your order.
If your order is subject to recurring charges, then you consent to our
charging your
payment method on a recurring basis without requiring your prior approval for each recurring
charge, until
such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order
placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per
household, or
per order. These restrictions may include orders placed by or under the same customer account, the
same payment
method, and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit
orders that, in our sole judgment
, appear to be placed by dealers, resellers, or distributors.
6. RETURN
POLICY
All
sales are final and no refund will be issued.
You may not access or use
the
Services for any purpose other than that for which we make the Services available. The Services may
not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved
by
us.
As a user of the
Services, you
agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a
collection, compilation, database, or directory without written permission from
us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive
account
information such as user passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of the Services,
including
features that prevent or restrict the use or copying of any Content or enforce
limitations on
the use of the Services and/or the Content contained
therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
-
Make
improper use of our support services or submit false reports of abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized
framing of or linking to the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Services or
modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or
maintenance of the Services.
-
Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using
any data mining, robots, or similar data gathering and extraction
tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active
information collection or transmission mechanism, including without limitation, clear
graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar
devices (sometimes referred to as "spyware" or
"passive
collection mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the networks or services
connected
to the Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any
portion
of the Services to you.
-
Attempt
to bypass any measures of the Services designed to prevent or restrict access to the
Services,
or any portion of the Services.
-
Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or
other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the
software comprising or in any way making up a part of the
Services.
-
Except
as may be the result of standard search engine or Internet browser usage, use, launch,
develop,
or distribute any automated system, including without limitation, any spider, robot,
cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized
script or other software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized
use of the Services, including collecting usernames and/or email addresses of
users by
electronic or other means for the purpose of sending unsolicited email, or creating
user
accounts by automated means or under false
pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise use the Services
and/or the
Content for any revenue-generating endeavor or commercial enterprise.
-
Use the Services to advertise or offer to sell goods and services.
8. USER
GENERATED CONTRIBUTIONS
The
Services does not
offer users to submit or post content. We may
provide you
with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute,
or broadcast content and materials to us or on the Services, including but not
limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal
information or other material (collectively,
"Contributions"). Contributions may be
viewable
by other users of the Services and through third-party websites.
When you create or make available any Contributions, you thereby represent
and warrant
that:
- The creation, distribution,
transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions
do not
and will not infringe the proprietary rights, including but not limited to the copyright,
patent,
trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or
have the
necessary licenses
,
rights, consents, releases, and permissions to use and to
authorize us, the Services, and other users of the
Services to use your
Contributions in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent,
release, and/or
permission of each and every identifiable individual person in your Contributions to use the
name or
likeness of each and every such identifiable individual person to enable inclusion and use of
your
Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate,
or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene,
lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by
us).
- Your Contributions do not ridicule,
mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or
threaten (in the legal sense of those terms) any other person and to promote violence against a
specific
person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy
or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or
well-being of
minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise
violate, or
link to material that violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the
Services in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination
or suspension of your rights to use the Services.
You and Services agree that
we may
access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or
other
feedback regarding the Services, you agree that we can use and share such feedback for any purpose
without
compensation to you.
We do not assert any
ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights
or other proprietary rights associated with your Contributions. We are not liable for any statements
or
representations in your Contributions provided by you in any area on the Services. You are solely
responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility
and to refrain from any legal action against us regarding your Contributions.
10. GUIDELINES
FOR REVIEWS
We may provide you areas on
the
Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1)
you should have firsthand experience with the person/entity being reviewed; (2) your reviews should
not contain
offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not
contain
discriminatory references based on religion, race, gender, national origin, age, marital status,
sexual
orientation, or disability; (4) your reviews should not contain references to illegal activity; (5)
you should
not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to
the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not
organize a campaign
encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or
remove
reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even
if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not
assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid,
assignable,
and sublicensable right and license
to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute
all content
relating to review.
11. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of
your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to
remove from the Services or otherwise disable all files and content that are excessive in size or are in
any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our
rights and
property and to facilitate the proper functioning of the Services.
12. PRIVACY
POLICY
We care about data privacy and
security.
By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is
incorporated
into these Legal Terms. Please be advised the Services are hosted in
Switzerland
. If you access the Services from any other region of the world with
laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in
Switzerland
, then through your continued use of the Services, you are
transferring your
data to
Switzerland
, and you expressly consent to have your data transferred to and
processed in
Switzerland
.
13. TERM
AND TERMINATION
These Legal Terms shall remain
in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF
ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account
for any reason, you are prohibited from registering and creating a new account under your name, a fake
or borrowed
name, or the name of any third party, even if you may be acting on behalf of the third party. In
addition to
terminating or suspending your account, we reserve the right to take appropriate legal action, including
without
limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify,
or remove the contents of the Services at any time or for any reason at our sole discretion without
notice.
However, we have no obligation to update any information on our Services.
We
also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be
available at all times. We may experience hardware, software, or other problems or need to perform
maintenance
related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without
notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by
your
inability to access or use the Services during any downtime or discontinuance of the Services. Nothing
in these
Legal Terms will be construed to obligate us to maintain and support the Services or to supply any
corrections,
updates, or releases in connection therewith.
15. GOVERNING
LAW
These Legal Terms are governed
by and
interpreted following the laws of
Switzerland
, and the use of the United Nations Convention of Contracts for the International Sales of Goods
is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally
possess the
protection provided to you by obligatory provisions of the law in your country to residence. Fountain Impact AG and yourself both agree to submit to the non-exclusive
jurisdiction of
the courts of Zurich, which means that you may make a claim to defend your
consumer
protection rights in regards to these Legal Terms in
Switzerland
, or in the EU country in which you reside.
16. DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related
to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided
below) informally for at least thirty (30) days before initiating
arbitration. Such
informal negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising
from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who
will be
chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being
part of the
European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the
application for
arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration
shall be
Zurich,
Switzerland
. The language of the proceedings shall be German
.
Applicable rules of substantive law shall be the law of
Switzerland
.
Restrictions
The Parties
agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority
for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or
authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this
provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a
court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to
the
personal jurisdiction of that court.
17. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or
omissions and to change or update the information on the Services at any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3)
ANY UNAUTHORIZED ACCESS
TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3)
mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth
in these
Legal Terms; (4) your violation of the rights of a third
party,
including but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter
for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails,
and completing
online forms constitute electronic communications. You consent to receive electronic communications, and
you agree
that all agreements, notices, disclosures, and other communications we provide to you electronically,
via email
and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any
rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the
granting
of credits by any means other than electronic means.
23. MISCELLANEOUS
These Legal Terms and any policies or
operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by
law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or
liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any
provision or part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not affect the
validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services. You
agree that
these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive
any and all
defenses you may have
based on
the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal
Terms.
24. CONTACT
US
In order to resolve a complaint regarding
the Services
or to receive further information regarding use of the Services, please contact us at:
Fountain Impact AG
Uetlibergstrasse 65, 8045 Zürich, Switzerland
Zürich
, Zürich
8045
Switzerland
Phone: (+41)792666684
info@wonderfill.ch
