Terms of Service of 47nord AG
Version dated 10th of December 2021.
1. General
1.1 47nord AG, a Swiss corporation with its place of business in Zurich, Switzerland (“we”, “our” or “us”), is the provider of the website https://inspiced.co/ and mobile applications with similar contents (together the “Platform”).
1.2 These terms of service (the “Terms of Service”) form together with the Privacy Policy and the referenced descriptions on the Platform the “Agreement”.
1.3 In case of any discrepancy between provisions of the Agreement, the following hierarchy applies: (i) the Privacy Policy prevails over the Terms of Service and (ii) the Terms of Service prevail over the referenced descriptions on the Platform.
1.4 The services provided to you (“you”, “your” or “yours”) by us on the Platform are sometimes referred to in the Agreement as the “Services”. We and you are sometimes referred to in the Agreement as a “Party” or collectively as the “Parties”.
1.5 In the Agreement, unless the context requires otherwise, (i) the headings are inserted for ease of reference only and shall not affect the construction or interpretation of the Agreement, (ii) references to one gender include all genders and (iii) words in the singular shall include the plural and vice versa.
1.6 These Terms of Service are accessible on our Platform. You can access, download, save and print it for your convenience.
In a nutshell:
These Terms of Service and the Privacy Policy constitute the main pillars of the contractual agreement between 47nord AG and you.
2. Your Registration
By registering with us, you confirm that:
a) you accept to be bound to these Terms of Service and all other parts of the Agreement;
b) you are at least thirteen years of age;
c) the details you provide on the creation of your account are correct and complete and that you will update these details if they change for any reason;
d) each account that you open shall be for personal use only and may not be transferred to any other person.
In a nutshell:
By registering with us, you confirm and you have the right to confirm that you accept these Terms of Service and all other parts of the Agreement.
3. Password
3.1 You shall choose a password upon registration and you are obliged to keep the password secret unless disclosure is required by law.
3.2 You shall be responsible for maintaining the security of your password. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services.
In a nutshell:
You are responsible for keeping your password safe and for preventing unauthorized third parties from accessing the Platform and the Services.
4. The Services and the Platform
4.1 The Services to be provided by us under the Agreement are described in the Agreement and on the Platform. The respective descriptions of the Platform form an integral part to the Agreement.
4.2 You acknowledge and accept that notwithstanding any other provision of the Agreement we provide the Platform and the Services on a reasonable effort basis only.
4.3 The Platform and/or the Services may be temporarily unavailable from time to time for scheduled maintenance, unscheduled emergency maintenance, or due to other causes beyond our reasonable control.
4.4 We are entitled to consult third parties in our free discretion in order to render the Services and/or provide the Platform without your or any other user’s consent.
4.5 Any information or promises on the Platform is provided for information purposes only and is not binding to us unless explicitly provided otherwise in the Agreement with regard to a specific case.
In a nutshell:
We do our best to ensure that the Platform runs smoothly, however, there might be incidents e.g. maintenance work where the Platform is temporarily unavailable.
5. Limitations of Use and Remedies
5.1 Except expressly provided otherwise in the Agreement, you represent and warrant that you do not: (i) download, store, reproduce, transmit, display, distribute or take screenshots of any part of the Platform; (ii) sell, rent, lease or make otherwise available or permit access to the Platform to any third party; (iii) use or attempt to use any deep-link, scraper, robot, spider, data mining, computer code or any other device, tool or program to access, acquire or monitor any part of the Platform; (iv) violate any provision of the Agreement or the applicable laws; (v) provide on the Platform any information or use the Platform or parts thereof in any manner that may violate or actually violates the rights of us or any third party (including but not limited to other users); or (vi) use the Platform in any manner that is unlawful or harms us (including but not limited to our brand) or the other users of the Platform.
5.2 We reserve the right to investigate complaints or reported violations of any applicable law and/or the Agreement by you and to take any action against you we deem appropriate including but not limited to (i) terminating the Agreement with immediate effect; (ii) removing from the Platform and deleting any content, data or information provided by you; and (iii) reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons.
5.3 You understand and agree that (i) we may take action according to section 5.2 above not only in case of an effective, but also potential violation of any applicable laws or the Agreement and (ii) we are entitled to decide in our free discretion in what case what action is deemed appropriate to us. We particularly reserve the right to remove immediately and without any further notice to you any content on our Platform that is challenged by third parties due to applicable copyright or trademark laws.
In a nutshell:
If you do violate the Agreement, then we are entitled to take action against you, e.g. remove content from the Platform or terminate the Agreement.
6. Changes to the Platform and the Services
We may, notwithstanding section 13 below, without notice to you, update, upgrade or otherwise modify the Platform and/or change the Services in our sole discretion at any time, including but not limited to providing updates, upgrades or modifying features or functionality, or removing features or functionality (collectively, the “Changes”). The Agreement applies to all such Changes.
In a nutshell:
We are improving the Platform on an ongoing basis and this means that we might add new or remove redundant features.
7. Reservation of Rights
7.1 You acknowledge and agree that we are the sole and exclusive owner of all rights, title and interest in and to the Platform and the Services and any information developed or collected by us in connection with your operation of the Services (other than User Data, as defined below), including but not limited to all intellectual property rights therein. Any rights not expressly granted to you herein are reserved by us.
7.2 As between you and us, you own any data, information or material that you submit, collect or provide in the course of the registration and using the Platform or the Services, including but not limited to all photos, pictures, comments, discussions, suggestions, enhancement requests, feedback, or recommendations (the “User Data”).
7.3 You shall be solely responsible for the accuracy, quality, content and legality of the User Data, and the means by which the User Data is acquired. You particularly represent and warrant that the use of the User Data on the Platform and in connection with the Services does not violate any third party right.
7.4 We acquire no right, title or interest in or to User Data under the Agreement except to the limited extent necessary to perform the Services for you or other users on the Platform which includes the right to the internal use of the User Data and the provision of the User Data to our service providers and other third parties that support us in providing the Platform and the Services (the “Limited License”).
7.5 The Limited License shall be worldwide, transferrable, sub-licensable and be granted for no remuneration. It shall be and remain valid notwithstanding any other provision of the Agreement and shall particularly survive any termination of the Agreement for any reason.
In a nutshell:
You are responsible for the content and the quality of the content that you save in our Platform. Please ensure that you do not violate any third party rights. Once the Agreement is terminated all data will be deleted except for data required to maintain the Services to other users.
8. Limited Warranty
8.1 THE PLATFORM AND THE SERVICES CONNECTED THEREWITH ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE DO NOT MAKE, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL WARRANTY CONNECTED WITH THE PLATFORM AND THE SERVICES.
8.2 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ERROR-FREE ACCESS TO THE PLATTFORM OR USE THEREOF; (II) OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE OF THE SERVICES OR THE PLATFORM; (III) THAT THE OPERATION OR USE OF THE PLATFORM OR THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (IV) THAT THE QUALITY OF THE PLATFORM AND SERVICES WILL MEET YOUR REQUIREMENTS.
In a nutshell:
We do our best to ensure that the Platform meets your expectations. However, we will not warrant and be liable for any losses linked to using the Platformin a professional manner.
9. Limitation of Liability
9.1 WE SHALL ONLY BE LIABLE IF WE FAIL TO PERFORM OUR OBLIGATIONS UNDER THE AGREEMENT AND OUR FAILURE OR LACK OF PERFORMANCE IS DUE TO OUR GROSS NEGLIGENCE OR WILFUL INTENT. THE LIABILITY OF AUXILIARY PERSONS IS EXCLUDED. ANY OTHER LIABILITY OF US UNDER OR IN CONNECTION WITH THE PLATFORM, THE SERVICES AND/OR THE AGREEMENT SHALL BE EXCLUDED TO THE EXTENT POSSIBLE BY THE APPLICABLE LAW, AND WE SHALL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT BE LIABLE UNDER OR CONNECTED WITH THE AGREEMENT, STRICT LIABILITY OR ANY OTHER THEORY.
9.2 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR: (I) ERROR OR INTERRUPTION OF USE OF THE PLATFORM OR LOSS OF BUSINESS; (II) ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
In a nutshell:
Our liability under this Agreement is limited.
10. Indemnification
YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, AGAINST ANY CAUSE OF ACTION, ALL LIABILITIES, LOSSES, COSTS OR EXPENSES (INCLUDING REASONABLE FEES AND EXPENSES OF LEGAL COUNSEL) WITH RESPECT TO ANY CLAIM BY THIRD PARTIES ARISING OUT OF YOUR FAILURE TO PERFORM YOUR OBLIGATIONS UNDER THE AGREEMENT.
In a nutshell:
If you violate this Agreement and in consequence we are faced with legal actions, you have to indemnify us for any expenses.
11. Data Protection
11.1 Each Party shall comply with the Swiss data protection laws and other data protection laws that may be applicable.
11.2 Details on the use of your personal data by us and other aspects of data protection law are set forth in our Privacy Policy which is accessible on the Platform.
In a nutshell:
We both have to comply with Swiss data protection as well other data protection laws that may be applicable.
12. Term and Termination
12.1 The Agreement shall take effect with your registration with us. It shall remain in effect until it has been terminated in accordance with the provisions below.
12.2 Each Party may terminate the Agreement with immediate effect at any time.
12.3 Upon termination of the Agreement, (i) your right to access and use the Platform and the Services shall immediately terminate; (ii) fees paid will not be refunded
12.4 You hereby acknowledge and agree that we have no obligation to retain User Data and that the User Data may be irretrievably deleted after the legally obliged retention period.
12.5 Notwithstanding anything herein to the contrary, all sections of the Agreement that, by their nature, should survive a termination of the Agreement shall survive.
In a nutshell:
Each Party can terminate the Agreement with immediate effect. All your data may be destroyed by us after the termination of the Agreement and the legally obliged retention period.
13. Modifications of the Agreement
13.1 Amendments or other modifications to the provisions of the Agreement may be implemented by us at any time and in our free discretion (the “Modifications”).
13.2 Such Modifications are displayed in your account or published otherwise on the Platform before coming into effect.
13.3 You must confirm these Modifications and the modified Agreement in your account. The Agreement is terminated if you fail to confirm the Modifications and the modified Agreement.
13.4 This section 13 shall not apply to Changes as further described in section 5 above.
In a nutshell:
If we need to amend or update the Agreement, then we will inform you on our Platform. In order to be able to continue using the Platform you need to agree with the amendments.
14. Miscellaneous
14.1 Should any provision of the Agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties which comes economically closest to the one actually agreed upon.
14.2 Failure or neglect by us to enforce any of the provisions of the Agreement shall not be construed or deemed to be a waiver of our rights nor shall this affect the validity of the whole or any part of the Agreement, nor prejudice our rights to take subsequent action.
14.3 The EU Commission presents a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr. This platform serves as the point of contact for the extrajudicial settlement of disputes based on sales or service agreements via the internet, involving a consumer. We are not obliged or willing to participate in a dispute settlement procedure by a Consumer Disputes Committee.
14.4 ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL BE GOVERNED BY SUBSTANTIVE SWISS LAW EXCLUDING THE CONFLICT OF LAW RULES AND THE LAWS IN TREATIES INCLUDING BUT NOT LIMITED TO THE UNIFORM LAW ON PURCHASES (VIENNA TREATY).
14.5 ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL BE SOLELY AND FINALLY SETTLED BY THE COMPETENT COURTS IN ZURICH.