Website Terms and Conditions

15 March, 2021

1. Introduction

Welcome to valucode.org (“The Site”).

This site is operated by Almasis Ltd, address as stated in the Imprint (“The Operator”).

This Site contains content in the form of text, pictures, video, voice, emails, chat, ebooks, software or any form of Data which can be sent, printed/hard copy, ordered or be downloaded as well as reference to other products which can be ordered (the “User Materials”).

The Operator also supplies services (the “Services”) running on a network and computers systems (the “Infrastructure”).

This page sets out the Terms and Conditions on which you may use our Site, its User Materials, Services and the Infrastructure.

Please read this carefully before using this Site, its User Materials, Services and Infrastructure so that you are aware of your legal rights and obligations with respect to The Operator and their affiliates and subsidiaries (individually and collectively, “Operators”).

By using The Site, its User Materials, Services and Infrastructure, you signify your irrevocable acceptance of these Terms and Conditions. You also agree to ensure that anyone who uses the User Materials on your computer also abides by the Terms and Conditions.

If you use The Site, its User Materials, Services and Infrastructure in the course of your business, you are agreeing to these Terms and Conditions on behalf of that business. If you do not agree with the Terms and Conditions (or are not authorised to do so) you should not use The Site.

The Operator has the right to change, alter, suspend, withdraw or any portion of The Site, its User Materials, Services and Infrastructure at any time (with or without notice to you). We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. This also applies to the Infrastructure.

From time to time The Operator will run competitions, free prize draws, promotions and surveys on its Sites. These are subject to additional terms and conditions that will be made available at the time they are run.

If you have any questions please contact us. We recommend that you print a copy of these terms and conditions for your records.

1.1. General

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

1.2. Policy

The Operator has the right to revise the Terms and Conditions at any time without providing notice to its users. Your continued use of The Site, its User Materials, Services and Infrastructure shall be deemed irrevocable acceptance of those revisions.

If you have any questions regarding this policy or The Operator practices, please contact us.

1.3. Privacy

Your privacy is very important to us. To better protect your rights we have provided the Privacy Statement to explain our privacy practices in detail.

1.4. Questions to The Web Site, Services or Infrastructure

If you have comments or suggestions, or experience any difficulties with The Site, Services or Infrastructure, please contact us via email, or via our contact form.

2. Registration and account

2.1. User information

All information received from you from your use of The Site will be used by The Operator in accordance with the Privacy Policies Statement listed on this site.

As part of the registration process, you will choose a user name (“User Name”) and password (“Password”) and become a user id (“ID”). You may not:

  • select or use a User Name of another person with intent to impersonate that person,
  • use a name subject to the rights of any other person without authorization,
  • use a User Name that The Operator, in its sole discretion, deems inappropiate or offensive.

You as a user must provide The Operator with accurate, complete registration information and it is your responsibility to update and maintain changes to that information via the the applicable profile pages. Failure to do so shall constitute a breach of the Terms of Use and may result in immediate termination of your account. This is particularly important if you subscribe to receive any Paid For Services. The Operator is entitled to rely on any information you provide.

2.2. Responsibility

Each registration is for a single user only. The Operator does not permit any other person sharing your user name and password or access through a single name and password being made available to multiple users on a network. The Operator may cancel or suspend your access to The Site if you do this without further obligation to you.

You are responsible for all use of The Site and The Operator services by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify The Operator immediately e.g. via e-mail or the contact form.

We strongly recommend that the selection of your password is not based on your own name or those of the family and that you change your password regularly. You shall be responsible for maintaining the confidentiality of your password.

2.3. Messages

If you provide The Operator with an e-mail address so that e-mails or SMS messages can be sent to you via a computer network or telephone operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that The Operator may refrain from sending you such messages, without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending e-mails or SMS messages to you.

2.4. Termination

The Operator may terminate a user’s account in The Operator’s absolute discretion and for any reason.

The Operator is especially likely to terminate for reasons that include, but are not limited to, the following:

  1. violation of these Terms and Conditions;
  2. abuse of Site/Infrastructure resources or attempt to gain unauthorized entry to The Site/Infrastructure or its resources;
  3. use of The Site in a manner inconsistent with the business purpose;
  4. a user’s request for such termination;
  5. any other abusive, fraudulent or otherwise illegal activity or
  6. as required by law, regulation, court or governing agency order.

The Operator’s termination of any user’s access to any or all The Operator Sites may be effected without notice and, on such termination, The Operator may immediately deactivate or delete user’s account and/or bar any further access to such files.

The Operator shall not be liable to any user or other third party for any termination of that user’s access or account hereunder.

In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. The Operator reserves the right to delete, or not delete, a user’s account at The Operator’s sole discretion, as well as to delete, or not delete, User Materials at The Operator’s sole discretion.

At The Operator’s sole discretion, you may also be reported to appropriate law-enforcement organisations for any abusive, fraudulent or otherwise illegal activity.

3. Terms and licence of use

The license for use of The Site and the User Materials is effective until terminated.

You may terminate it at any time by destroying the User Materials together with all copies thereof.

This license will terminate upon conditions set forth elsewhere within the Terms and Conditions or if you fail to comply with any term or condition of this Terms and Conditions. In such event, no notice shall be required by The Operator to effect such termination.

Upon termination of this License of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to The Operator at your expense.

4. Access, useage and submissions

4.1. General statement

The editors of The Site does not endorse the use of abusive language or illegal content of any kind.

Please remember that we do not monitor the contents of any of The Site community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

4.2. Editor rights

This site may include blogs, bulletin boards, discussion groups and other public areas that allow interaction between users. While The Operator does not control the information/materials publicly posted (“Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access and your use of The Site services and waive any moral rights that you may have in regard to the Messages.

4.3. Submissions

Certain parts of the Site may ask for written suggestions or problem reports via our contact form, forum or problem report form/ticket system (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, The Site Terms and Conditions shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of The Operator.
The Operator shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

In any event, any Submissions you send to The Operator or The Site will not be treated as confidential and The Operator shall not be liable for any disclosure of the Submissions.

4.4. Useage and online behavior

You may not use The Site, The Operator Services or Infrastructure for any unlawful purpose or for marketing abuse (like link building).

Please exercise respect when participating in any of The Site community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of The Site or Infrastructure.

You must comply with any rules posted by The Operator on any part of The Site. You may not:

  • send from within, post, link to or otherwise publish any Messages or other types of User Materials containing any form of advertising, recommendations to buy or refrain from buying, or have the purpose of affecting the price or value of goods and services;
  • use the site services to chain Messages or “spam”;
  • send from within, post, link to or otherwise publish or store any Messages or other types of User Materials that are unlawful/illegal, threatening, defamatory, abusive, libellous, indecent, an invasion of privacy, obscene, pornographic, racist, offensive, harmful to a minor, contain confidential information, be an infringement on any intellectual property rights or would otherwise violate the rights of a third party party.
  • disguise the origin of any Messages;
  • impersonate any person or entity (including The Operator employees, users, guests or hosts) or misrepresent any affiliation with any person or entity;
  • send, post, transmit or store any Messages or other types of User Materials that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of The Site, Infrastructure or any computer software or equipment;
  • collect or store other users' personal data;
  • restrict or inhibit any other user from using The Site.

The Operator reserves the right to contact you by e-mail with regard to your use of the Forums.

Access granted to the site can be limited or be revoked at any time.

You acknowledge that The Operator’s Name and its associated Symbols are trade marks and that you may not use them without written permission from The Operator.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload, post or send User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to The Site or The Operator you automatically grant The Operator a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record, reproduce, translate, make available, distribute and sub-license the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in whole or in part and in any form, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for The Site, The Operator and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms and Conditions and that you waive any so-called “moral rights” in and to the User Materials.

This may include personal information such as your user name and alias and your expressions of opinion.

If you make a Submission, all references to you, as the author, will be maintained as far as possible.
Although every effort is made to keep all references to authors, no warranty can be given to ensure such links in the future.

It is not possible for The Operator in any way to effectively monitor when Messages infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify The Operator immediately with specific details.

4.5. Rights

All User Materials available on the Operator Sites (including User Materials sent to you i.e. via email, sms or post) belongs to The Operator or its licensors unless otherwise stated. The Operator or its licensors own all intellectual property rights (including copyright and database rights) in the User Materials and any selection or arrangement of the Content.

You may retrieve and display the User Materials on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.

4.6. Redistribution

Except as expressly set out in The Site policies in as defined by the license displayed on the page, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the User Materials. Without limitation, you may not do any of the following without prior written permission from The Operator (and neither may you allow a third party to do any of the same):

  • redistribute any of the User Materials, including our headlines, (including by using it as part of any syndication, content aggregation, archive or similar service); or
  • remove the copyright or trade mark notice from any copies of User Materials made under these terms and conditions; or
  • create a database in electronic or structured manual form by systematically downloading and storing all or any of the User Materials; or
  • deep link to, frame, spider, harvest or scrape the User Materials or otherwise access the User Materials for similar purposes; or
  • use any machine, electronic, web based or similar device to read or extract the User Materials by automated or machine based means.

Requests to republish or redistribute User Materials should be addressed to The Operator.

4.7. Responsibility

You are solely responsible for the content of your Messages. By submitting messages you agree to indemnify The Operator from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this Policy.

This web site contains links to other non-Operator web sites, online and mobile services (“Third Party Site”), which we believe may be relevant and of interest to you. These sites are publicly accessible and are sponsored by third parties.

These links are provided to you as a convenience and can be viewed at your own risk.

The Operator does not take any responsibility for these links (i.e. that they work or are correctly linked).

The Operator is not responsible for the content, its accuracy of the information, availability, private practices and intellectual property notices therein of any of these Third Party Sites. Nor does it endorse, authorise or sponsor such sites. The use of the link does not grant you a right to their access.

Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with The Operator.

The Operator Privacy Policy does not apply to Third Party Sites.

6. Disclaimers, warranties and limitation of liability

6.1. Disclaimers

User Materials contained within The Site are for informational purposes only and do not constitute any form of legal, psychological or any such advice that may constitute a breach of any local, state or federal law that only allows such advice from certified practitioners or professionals, or any recommendation, representation, endorsement or arrangement by The Operator.

This site also contains User Materials submitted by users over whom The Operator has no control. The Operator cannot guarantee the accuracy, integrity or quality of any of the User Materials. Some users may breach these terms and conditions and post User Materials that are misleading, untrue or offensive.

The Operator invited contributors (editors, journalists, special guests, as well as the users themselves), will contribute material in order to stimulate discussions and ensure the smooth running of the site. The opinions of those The Site contributors are their own and are not necessarily endorsed by The Operator. They should not be considered by you as professional advisers.

You, as either a subscriber or online reader, should not act upon this information without seeking independent certified counsel, and must bear all risks associated with your use of these User Materials.

Some authors may be certified professionals or practitioners. The information supplied is not intended to create, and receipt of it does not constitute, a certified practitioner-client relationship. Please note that a practitioner-client relationship and corresponding confidentiality, does not arise until the practitioner has determined that no conflicts of interest exist and has sent a letter of engagement.

Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) The Operator sites are at your sole risk and responsibility.

While The Site editors try to update this site on a regular basis, the editors do not intend any information on this site to be treated or considered as the most current expression of thought on any given point, and certain statements expressed on this site may be, by passage of time or otherwise, superseded or incorrect. Information classified as “real time”, may have ceased to be current by the time it reaches you and therefore may not be accurate.
The Operator is not responsible for any use of the User Materials by you outside its scope as stated in these Terms and Conditions.

Persons depicted in pictures are not necessarily related to The Operator or The Site users.

6.2. Limited warranty

What we can guarantee:

THE OPERATOR SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.

What we cannot guarantee:

EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, THE OPERATOR DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE OPERATOR, THE USER MATERIALS, PRODUCTS AND SERVICES IN OR PURCHASED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVER NATURE (EXCEPT ANY DUTIES OF GOOD FAITH), EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE OPERATOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICE OR THE INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE USER MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE OPERATOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE SITE, WE INCLUDE LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT THE OPERATOR HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.

6.3. Our liability exclusion

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OPERATOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, FOR ANY LOSSES WHICH RELATE TO YOUR LIFE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE USER MATERIALS, THE SITE, THE INFRASTRUCTURE OR ANY OTHER WEB SITE, EVEN IF THE OPERATOR OR A (THE) OPERATOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE OPERATOR OR FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT THE OPERATOR WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR LIFE WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE OPERATOR SITES AND INFRASTRUCTURE (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THE OPERATOR SITES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.

IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT THE OPERATOR WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE OPERATOR SITES.

6.4. Your remedies

THE OPERATOR SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE OPERATOR SITES OF WHICH IT IS AWARE.

YOU AGREE THAT IN NO EVENT SHALL THE OPERATOR’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING ANY MATERIALS, PRODUCTS OR SERVICES.

6.5. Other information

Without limiting the above, The Operator is not liable for matters beyond its reasonable control. The Operator does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.

7. Linkage to this website

If you would like to link to The Site or any of the The Operator sites, please read and comply with the following guidelines and all applicable laws.

The use of Trackback, Pingback or other new technologies arising out of the blogging community is allowed.

A site or service that links to The Site or The Operator site:

  • may display the site or The Operator logo, but must not otherwise use any of The Operator trade marks without permission from The Operator;
  • may not remove, distort or otherwise alter the size or appearance of the logo;
  • must not in any way imply that The Operator is endorsing it or its products or services;
  • must not misrepresent its relationship with The Operator or present false information about The Operator;
  • must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
  • must not be a site or service that contains content that could be construed as distasteful or offensive.

The Operator expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.

8. Advertising and sponsorship

The Site contains advertising and sponsorship. The advertisers and sponsors are responsible for ensuring that material submitted for inclusion complies with international and national law.

The Operator will not be responsible for any error or inaccuracy in advertising or sponsorship material.

9.1. Trademarks

The Operator Name, its Logos, The Site name and Logo and other marks indicated on The Site and The Operator sites are trademarks of The Operator or other related companies. Trademark Registrations have been filed in several countries. The Site, The Operator trademarks and trade dress may not be used in connection with any product or service that is not The Operator’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Operator.

All other trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited on this site, and are not owned by The Operator or any of its related companies, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Operator.

All content and compilation of content included on The Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, unless otherwise stated, is the property of 3rd Parties or The Operator, is copyrighted from 1990 - to this year and is protected by United Kingdom, United States and international copyright laws.

For permission to reproduce any contents of this web site, please contact The Operator.

Linking via Pingback/Trackback is allowed so long that the link back to The Site is visible and clickable.

Full details for the use of User Materials on this site can be found elsewhere in this Terms and Conditions “Access, Usage and Submission”.

The Operator or The Site software, sometimes referred to as (the “Software”) and accompanying documentation that are made available by download from this Site or on a storage device (i.e. CD-ROM) are the copyrighted work of The Operator or its suppliers.

Your use of the software is governed by the terms of any licence agreement that may accompany, be included with the software or be referenced to on this site (the “license agreement”).

You will not be able to download or install any software unless you agree to the terms of such a license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

The Operator is not responsible for any technical or other issues that may arise if you download third party software.

11. Choice of jurisdiction and law

11.1. Jurisdictional issues

This Site is controlled and operated by The Operator. The Operator makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11.2. Indemnity

You agree to indemnify and hold The Operator, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content and other User Materials you submit, post to or transmit through The Site/Infrastructure, your use of The Site/Infrastructure, your connection to The Site/Infrastructure, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.

11.3. Governing law

By accessing this Site, you and The Operator agree that all matters relating to the terms and conditions, including your access to, or use of, this Site shall be governed by and construed in accordance with English laws, without giving effect to any principles of conflicts of law.

To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of The Operator and to the extent possible in the applicable jurisdiction, The Operator shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

12. Cancellation and refund policy

The cancellation, return and refund policy depends on the goods and services:

  • Software, including ebooks, music, images, videos, documents which has been downloaded is exempt from any refunds
  • Physical items have a 30 day refund policy
  • Subscriptions are exempt
  • Customer specific created items are exempt

The starting of a download process, i.e. by clicking on a download link, is classed as a download, even if the download is aborted.

Other services like licence arrangements are covered via specific contracts.

12.1. Cancellation

You can cancel your order any time before delivery for physical standard off-the-shelf items.

In the case of running contracts, like for a subscription, you can cancel the contract to the end of the month, with two calender weeks (14 days) notice.

12.2. Refunds

  • Standard off-the-shelf products purchased from us within a 30 day period will be refunded. The 30 day period will begin from the date indicated on the invoice that you receive.
  • Services or customer specific specially made products are not eligible for a refund.

In case of a delivery mistake, any postage and packing costs that you have incurred will be refunded.

Requests for refunds should be sent to Service.

We will endeavour to deal with requests for refunds within 10 working days.

If you have paid via credit card, your credit card account will be reimbursed, otherwise we will reimburse via bank transfer.

12.3. Return of goods

For physical goods please contact Service so that we can help you to return the unwanted goods to us as efficiently as possible.

In the case of services or use-of-licence products where a monthly instalment / subscription payment has been arranged, you are not allowed to use the products supplied after the contract termination.

12.4. 3rd party services

The costs for 3rd party services such as:

  • manuscript checking, artwork, registration costs for domains names, research costs, etc.

cannot be reimbursed.

12.5. Your liability on termination

Where you have terminated your agreement with us there might still be other legal relationships or liabilities which will still apply.

13.1. Infringement notification

The Operator respects the intellectual property rights of others, and requires that the people who use The Site and The Operator sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. The Operator will investigate notices of copyright infringement and take appropriate actions.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify The Operator.

A formal notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

  1. a physical or electronic signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  2. a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;
  3. a description of where the material that you claim is infringing is located on the Site (full URL);
  4. information sufficient to permit The Operator to contact you, such as your physical address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

13.2. Claim agent

The Operator’s designated agent to receive notification of claimed infringement is specified on the Imprint page.

Notice of claims of copyright infringement should be sent per E-Mail.

13.3. Removal

If The Operator receives such a claim, The Operator reserves the right to refuse or delete User Materials, or to terminate a user’s account.

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