CubesTERMS OF USE & PURCHASE ON THE WEBSITE
Content
- ACCEPTANCE OF THE TERMS AND CONDITIONS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- REGISTRATION OF USERS
- PRODUCTS
- PURCHASE AND PAYMENT
- RETURN POLICY
- DELIVERY
- No guarantee of delivery on specific day
- Time for delivery
- Time and procedure for home delivery
- Signage on delivery
- How is delivery made to a private home address?
- How is delivery to businesses made?
- RETURNS
- PRINTING, DIMENSIONS & MATERIALS
- PROHIBITED ACTIVITIES
- USER-GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENCE
- GUIDELINES FOR REVIEWS
- PRINTING
- THIRD PARTY WEBSITES AND CONTENT
- MANAGEMENT OF FACILITIES
- PRIVACY POLICY
- PERIOD OF VALIDITY AND CANCELLATION
- CHANGES AND CANCELLATIONS
- LEGISLATION IN FORCE
- RESOLUTION OF DISPUTES
- CORRECTIONS
- DECLARATION OF LIABILITY
- LIMITATIONS OF LIABILITY
- INDEMNITIES
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
- OTHER
- CONTACT US
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
These Terms of Use constitute a legally binding agreement between you, personally or on behalf of a legal entity (“you”), and Foxlie AB [Foxlie Corp.], doing business as ExpoTryck.se (“ExpoTryck.se”, “we”, “us” or “our”), regarding your access to and use of the https://expotryck.se website and any other media forms, media channels, mobile websites or mobile applications related, linked or otherwise connected thereto (collectively, the “Site”). We are registered in Sweden and have our registered office at Högalundsvägen 69, Tenhult, Jönköpings Län 56163. Our VAT number is SE559108152501. You agree that by accessing the website you have read, understood and agreed to be bound by all of these terms of use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will inform you of any changes by updating the “Last Updated” date in these Terms of Use, and you waive any right to receive special notice of any such change. Please ensure that you check the applicable terms and conditions each time you use our website so that you understand which terms and conditions apply. You will be subject to, and will be deemed to have become aware of and accepted, the changes in any revised Terms of Use by your continued use of the Website after the date on which the revised Terms of Use are posted.
The information provided on the Site 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 in such jurisdiction or country. Therefore, those persons who choose to access the Site 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.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 may not use or register on the Website.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site is our property and all source code, databases, features, software, site design, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks and logos appearing on the Site (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property and unfair competition laws of the United States, international copyright laws and international conventions. The Content and Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, compiled, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written consent.
Provided you are eligible to use the website, you are granted a limited licence to access and use the website and to download or print a copy of any part of the content that you have properly accessed, for your personal, non-commercial use only. We reserve all rights not expressly granted to you to and from the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Website for illegal or unauthorised purposes; and (7) your use of the Website 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 Website (or any portion thereof).
4. REGISTRATION OF USERS
You may be required to register on the Website. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim or change any username you choose if we, in our sole discretion, consider such username to be inappropriate, obscene or otherwise offensive.
5. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications and details of the products available on the Website. However, we do not guarantee that the colours, features, specifications and details of the products will be accurate, complete, reliable, current or free from other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability and we cannot guarantee that the products are in stock. We reserve the right to discontinue products at any time and for any reason. Prices for all products are subject to change.
6. PURCHASE AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– Stripe Payment Gateway
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You further agree to promptly update account and payment information, including email address, payment method and payment card expiry date, so that we can complete your transactions and contact you if necessary. VAT will be added to the price of purchases as we deem necessary. We may change prices at any time. All payments must be made in Swedish kronor.
You agree to pay all charges at the prices then applicable to your purchases and any applicable shipping costs, and you authorise us to charge your chosen payment provider for such amounts when you place your 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 reject any order placed through the website. We may, at our 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 using the same billing or delivery address. We reserve the right to restrict or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
7. RETURN POLICY
Please read point 9. of the terms and conditions and our returns policy available on the website before making any purchase.
8. DELIVERY
Price range between 49 – 2999 SEK excl. VAT (based on transport weight) for deliveries within Sweden. Delivery time is unique per product and is available on the product page. Delivery is first and foremost to the delivery address via courier, otherwise to the nearest collection point/delivery (also applies to standard products) after the products are produced.
Free shipping is calculated when the sum in the shopping basket has reached 6000: – excl. VAT (i.e. 7500 Skr incl. VAT).
Conditions for delivery are also stated at the checkout under each delivery method. If nothing is stated, 12 working days delivery time applies [applies to less than 5 products]. If an item has a different delivery time, it is indicated for each item. If a delivery delay occurs, we will notify you by email, we will do everything we can to fulfil your order. There may be occasions that make it impossible to fulfil the order, for example when our supplier or freight forwarder cannot fulfil their commitment to us. We reserve the right to disclaim any compensation to the customer for delivery delays.
The delivery time is calculated from the approved proof / print original.
If several products are ordered at the same time, which have different delivery times, all products will be delivered according to the scheduled time for the product with the longest delivery time.
In case of transport damage to the package / product, a complaint to the driver is required at the time before signing the receipt.
Please note that (as per text above) we are not responsible for the delivery.
Should the delivery be delayed and you have not been contacted by either us or the carrier, you can contact our customer service yourself, you will then receive your search number on the package and then you can contact the carrier yourself.
No guarantee of delivery on a specific day
There is no guarantee of delivery on a specific or estimated day. All dates are estimated as external factors may result in the delivery date not being met. These factors may include: unusually high number of deliveries, traffic conditions, illness, defective vehicles, etc.
Time of delivery
Delivery time is normally on weekdays between 08-16. Deviations in some smaller centres may occur. Delivery can take place after 16:00, but is normally before 16:00. A specific time for delivery is not guaranteed but only a request that the freight forwarder endeavours to meet.
Time and procedure for home delivery
In the case of home delivery to private individuals or optional notification, a telephone/text message is sent to the recipient when the goods reach the last terminal that will deliver the goods. Notification can mean that the delivery time will be longer depending on how much goods are available for notification or when the recipient responds to the notification.
Signage at delivery
It is important that there are signs at the delivery address. This makes it easier for the driver to find the recipient. A non-signed address may incur additional charges where a notification or delivery note is required to “find” or reach the recipient.
How is delivery made to a private home address?
In the first instance, an attempt is made to deliver the parcel to the private individual’s home address. The parcel can also be delivered to a collection point if this is most convenient for the recipient, who will then be informed. As a rule, larger and heavier deliveries are delivered to the home address, as delivery points cannot handle this type of goods.
How are deliveries made to businesses?
The delivery is delivered to the recipient during office hours. Three delivery attempts are included (possibly not on the same day). The recipient is then contacted free of charge to organise a delivery. If this also fails, the shipment will be returned to the sender and a return cost will be charged.
Read the full terms and conditions here; Delivery terms
Read full terms and conditions for transport damage here; Transport damage.
9. RETURNS
Under the Distance and Home Sales Act, you as a consumer (does not apply to companies) have the right to withdraw from the contract by notifying us within 14 days of receipt of the goods. In order to exercise your right of cancellation, you must return the goods in undamaged condition, in the original packaging. When using the right of cancellation, you are responsible for the return cost – the package must be sent with traceability and crediting of shipping to you as a customer is not made.
The right of cancellation does not apply to specially ordered or specially manufactured goods for you as a customer. This means goods that are printed with the customer’s motif or otherwise refined according to the customer’s specification.
Please note that you have no right of exchange or cancellation:
Goods that are not suitable for return due to health or hygiene reasons, for example as in the category Protection & Safety, face visor.
Shipping & Returns are at your own expense, unless we have packed the wrong item. Returns should be sent as a traceable parcel, not against cash on delivery, to our production in Poland (address provided by Customer Service). Exchanges are not allowed as the product is printed according to your original.
Packages that are not received / picked up go back to production, however, the charge is not credited and if you as a customer want your package, a new shipping cost will be added.
Read full terms and conditions here; Returns & Complaints
10. PRINTING, DIMENSIONS & MATERIALS
When ordering a product, it may differ slightly from previous orders or orders from other suppliers.
This may be because:
Printing technique | Different suppliers use different printing techniques in production, you can read more about our techniques here.
Dimensions | The dimensions of the ordered product may change slightly when the product is completed ~3% +/-.
Materials | The different materials for printing, such as paper, polyester, pvc, etc. can give different appearances of the print in the finished product (this is not something that can be predicted before ordering).
11. PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial activities, except those expressly endorsed or authorised by us.
As a user of the website, you agree not to:
Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or catalogue without written permission from us.
Deceive, defraud or mislead us and other users, particularly in an attempt to obtain sensitive account information such as user passwords.
Circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of content or that enforce restrictions on the use of the Website and/or the content contained therein.
Humiliate, harm or otherwise damage us and/or the Website in our opinion.
Use information from the website to harass, abuse or harm any other person.
Use our support services in an improper manner or file false reports of abuse or irregularities.
Use the website in a manner inconsistent with applicable laws and regulations.
Engage in unauthorised framing of or linking to the Website.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repeated text), which interferes with any other person’s uninterrupted use of the Website or alters, impairs, disrupts, modifies or interferes with the use, functions, operation or maintenance of the Website.
Engage in any form of automated use of the system, such as by using scripts to send comments or messages, or by using data mining, robots or similar tools to collect and extract data.
Removing copyright or other proprietary notices from any content.
Attempt to impersonate another user or person or use another user’s username.
Upload or transmit (or attempt to upload or transmit) any material that serves as a passive or active mechanism for the collection or transmission of information, including, but not limited to, 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”).
Disrupt, interrupt or create an undue burden on the website or the networks or services connected to the website.
Harass, annoy, intimidate or threaten any of our employees or agents who provide any part of the Website to you.
Attempt to circumvent measures on the Website designed to prevent or restrict access to the Website or any part of the Website.
Copy or adapt the software of the Website, 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 included in or in any way forming part of the Website.
Except as may result from standard search engine or browser usage, use, launch, develop or deploy any automated system, including but not limited to any spider, robot, cheat tool, scraper or offline reader that accesses the Website, or use or launch any unauthorised script or other software.
Use a purchasing agent or purchasing agent to make purchases on the Site.
Make any unauthorised use of the Website, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts automatically or under false pretenses.
Use the Site as part of an attempt to compete with us or otherwise use the Site and/or Content for any revenue generating endeavour or commercial enterprise.
Use the Website to advertise or offer for sale goods and services.
Sell or otherwise transfer your profile.
12. USER-GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may give you the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, “Submissions”). Contributions may be visible to other users of the Website and through third party websites. Any contribution you submit may therefore be treated in accordance with the site’s privacy policy. By creating or making available Contributions, you hereby represent and warrant that:
The creation, distribution, transmission, public display or performance, access, downloading or copying of your Submissions does not and will not infringe any third party’s proprietary rights, including but not limited to copyright, patent, trade mark, trade secret or moral rights.
You are the creator and owner of or have the necessary licences, rights, consents, releases and permissions to use and authorise us, the Website and other users of the Website to use your Contributions in the manner contemplated by the Website and these Terms of Use.
You have the written consent, release and/or authorisation of each identifiable person in your Submissions to use the name or likeness of each identifiable person to enable the inclusion and use of your Submissions in all ways referred to on the Website and in these Terms of Use.
Your entries are not false, inaccurate or misleading.
Your entries are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
Your entries will not be obscene, indecent, lewd, lascivious, filthy, violent, harassing, defamatory, libellous or otherwise offensive (as determined by us).
Your entries must not ridicule, mock, demean, intimidate or abuse anyone.
Your entries are not used to harass or threaten (in a legal sense) any other person or to promote violence against a specific person or group of persons.
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 on child pornography or otherwise aimed at protecting the health or well-being of minors;
Your entries must not contain any offensive comments related to race, national origin, gender, sexual orientation or physical disability.
Your Submissions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site or Marketplace Offerings in violation of the above violates these Terms of Use and may result in, among other things, termination or suspension of your right to use the Site and Marketplace Offerings.
13. CONTRIBUTION LICENCE
You and the Site agree that we may access, store, process and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including preferences).
By providing suggestions or other feedback about the website, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim any ownership of your contributions. You retain full ownership of all your contributions and any intellectual property or other proprietary rights associated with your contributions. We are not responsible for any statements or representations in your contributions that you provide in any area of the website. You are solely responsible for your contributions to the website and you expressly agree to release us from all liability and to refrain from taking legal action against us in respect of your contributions.
14. GUIDELINES FOR REVIEWS
We may offer you areas on the website where you can leave reviews or ratings. When posting a review, you must fulfil the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity or abusive, racist, offensive or hateful words; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you post negative reviews; (6) you must not draw any conclusions about the legality of any conduct; (7) you must not post false or misleading statements; and (8) you must not organise a campaign that encourages others to post reviews, whether positive or negative.
We may accept, reject or remove reviews at our sole discretion. We have absolutely no obligation to review reviews or remove reviews, even if someone believes that reviews are offensive or inaccurate. Reviews are not endorsed by us and do not necessarily represent our views or the views of any of our affiliates or partners. We do not accept responsibility for any review or for any claims, liabilities or losses arising from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sub-licensable right and licence to reproduce, modify, translate, transmit in any way, display, perform and/or distribute any content relating to the review.
15. IMPRESSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or marketplace offerings (“Submissions”) that you provide to us are non-confidential and become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to such contributions, and you hereby warrant that all such contributions are original to you or that you have the right to make such contributions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
16. THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent through the Site or marketplace offerings) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, images, designs, music, audio, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked by us to ensure that they are accurate, appropriate or complete, and we are not responsible for any Third Party Sites accessed through the Site or for any Third Party Content posted on, accessible through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in any Third Party Sites or Third Party Content. Including, linking to, or allowing the use or installation of third party websites or third party content does not imply our approval or endorsement of them. If you decide to leave the website and access third party websites or use or install third party content, you do so at your own risk and you should be aware that these terms of use no longer apply. You should review the applicable terms and conditions and policies, including privacy and data collection, of all websites that you navigate to from the Site or that relate to applications that you use or install from the Site. Any purchases you make through third-party websites will be made through other websites and from other companies, and we do not assume any liability whatsoever in connection with such purchases, which are solely a matter between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites and you shall indemnify us from any damage caused by your purchase of such products or services. In addition, you shall indemnify us from any loss that you suffer or damage caused to you in connection with or that in any way results from third party content or any contact with third party websites.
17. MANAGEMENT OF FACILITIES
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including but not limited to reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technically feasible) any of your Submissions or any portion thereof; (4) in its sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content that are excessive in size or otherwise burden our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace offerings.
18. PRIVACY POLICY
We care about data privacy and security. Please read our privacy policy: https://expotryck.se/integritetspolicy/. By using the Website or Marketplace offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Website and marketplace offers are located in Sweden. If you access the Website or Marketplace Offerings from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the applicable laws in Sweden, your continued use of the Website will transfer your data to Sweden, and you expressly consent to the transfer and processing of your data in Sweden.
19. PERIOD OF VALIDITY AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION, TERMINATE YOUR USE OF OR PARTICIPATION IN THE WEBSITE AND MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive actions.
20. CHANGES AND CANCELLATIONS
We reserve the right to change, modify or remove the content of the website at any time and for any reason, at our sole discretion and without prior notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the Marketplace offerings without notice at any time. We cannot be held liable to you or any third party for any modification, price change, suspension or discontinuation of the Website or Marketplace offers.
We cannot guarantee that the Website and Marketplace offers will always be available. We may experience hardware, software or other problems or require maintenance in connection with the Website, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Website or Marketplace Offerings at any time or for any reason without notice to you. You agree that we shall have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Website or the Marketplace Offerings during any downtime or suspension of the Website or the Marketplace Offerings. Nothing in these Terms of Use shall be construed to require us to maintain and support the Website or the Marketplace Offerings or to provide corrections, updates or releases in connection with them.
21. APPLICABLE LAW
These conditions are governed and interpreted by Swedish law, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In addition, if you have your habitual residence in the EU and are a consumer, you have the protection of the mandatory provisions of the law of your country of residence. Foxlie AB [Foxlie Corp.] and you agree to submit to the non-exclusive jurisdiction of the courts of Jönköping County, which means that you may claim to defend your consumer protection rights with respect to these Terms of Use in Sweden, or in the EU country in which you reside.
22. DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you wish to bring this to our attention, please contact us.
23. CORRECTIONS
There may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to the marketplace offers, including descriptions, prices, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the website at any time and without prior notice.
24. DISCLAIMER
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF WEBSITES LINKED TO THIS WEBSITE, AND WE ASSUME NO RESPONSIBILITY FOR (1) ERRORS, MISTAKES OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN 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 THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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 PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY SETTING, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHEN APPROPRIATE.
25. 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 PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DOCUMENT, OUR LIABILITY TO YOU, REGARDLESS OF THE CAUSE AND FORM OF ACTION, IS ALWAYS LIMITED TO THE AMOUNT YOU MAY HAVE PAID TO US DURING THE THREE (3) MONTH PERIOD PRECEDING THE RELEVANT ACTION. SOME U.S. STATE 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.
26. INDEMNIFICATION
You agree to defend, indemnify and hold us, including our parent companies, subsidiaries and all of our respective brands, officers, agents, partners and employees, harmless from and against any and all losses, damages, liabilities, claims or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (1) use of the Site, (2) breach of these Terms of Use, (3) breach of your representations and warranties set forth in these Terms of Use, (4) your violation of any third party rights, including but not limited to intellectual property rights, or (5) any excessively malicious act against any other user of the Site to which you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with us, at your expense, in our defence of any such claim. We will make reasonable efforts to notify you of any such claims, actions or proceedings covered by this indemnity when we become aware of them.
27. USER DATA
We will retain certain information that you transmit to the website in order to manage the performance of the website, as well as information about your use of the website. Whilst we perform regular routine data backups, you are solely responsible for any data that you transmit or that relates to any activity that you have carried out using the website. You agree that we have no liability to you for any loss or corruption of such data, and you hereby waive any rights to take action against us as a result of such loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES.
Visiting the Website, sending e-mails to us and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the website, satisfy any legal requirement that such communications be in writing. YOU HEREBY ACCEPT THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE WEBSITE. You hereby waive any rights or claims under the laws, ordinances, rules, regulations or other laws of any jurisdiction requiring an original signature or the delivery or preservation of non-electronic records, or to payments or the granting of credit by any means other than electronically.
29. OTHER
These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay or failure to act caused by reasons beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be illegal, invalid or unenforceable, that provision or part of the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us because we have drafted them. You hereby waive any objection you may have based on the electronic form of these Terms of Use and the absence of the parties’ signature on these Terms of Use.
30. CONTACT US
To resolve a complaint about the Website or to obtain further information about the use of the Website, please contact us at the following address:
Foxlie AB [Foxlie Corp.]
Högalundsvägen 69
56163, Tenhult,
Jönköping County, Sweden
Telephone: (+46)107500944
support@tggc.eu