TERMS OF USE

1. Agreement to Terms of Use

These terms of use are entered into by and between you and FuMe AG (“FuMe”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the website located at https://www.meerapfel.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. You must be at least [18] years of age to use our Website. BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE IN ADDITION TO OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE ; ACCORDINGLY, IF YOU DISAGREE WITH THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT ACCESS OR USE THE WEBSITE.

2. Website content and ownership

The Website and its entire contents, features and functionality (including but not limited to all information, trademarks, texts, graphics, displays, user interfaces, visual interfaces, computer code, software, logos, images, video and audio, and the design, selection and arrangement thereof) are owned by FuMe, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or complete, by any means and on any medium of all or part of the elements composing the Website is strictly prohibited, without express prior written consent of FuMe.

Except as provided in these Terms of Use, FuMe does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

3. Available information

The information on the Website is provided for general informational purposes only on an “as is” and “as available” basis without any express or implied warranty of any kind, including warranties of non-infringement or fitness for any particular purpose.  

While FuMe strives to update the information on the Website, errors may occur and information may become outdated. FuMe makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the information published on the Website. All information provided on the Website is subject to change without notice. FuMe does not warrant or guarantee that the information available on the Website has not been modified due to technical failures (log-off, third-party interferences, virus or any other reason).

4. Access and use of the Website

FuMe shall use its best endeavors to ensure uninterrupted access to the Website and to protect it with all reasonable means. However, FuMe makes no representations, warranties or guarantees that the Website will be uninterrupted, error-free, omission-free or free of viruses or other harmful components. FuMe reserves the right to perform routine or non-routine maintenance, error correction, or other changes.

The use of and access to the Website is at your sole risk. You assume all responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website. You are responsible for configuring your information technology and computer programs in order to access the Website. You should use your own virus protection software.

FuMe does not warrant or represent that the Website will remain available. FuMe reserves the right to interrupt, suspend, withdraw, discontinue, modify or change all or any part of the Website without notice or explanation. FuMe will not be liable if, for any reason, the Website is unavailable at any time or for any period or if FuMe stops publishing or operating the Website. You will not be entitled to any compensation or payment upon the discontinuance or alteration of the Website or if FuMe stops publishing the Website.

5. Restrictions

It is strictly forbidden to, without FuMe express written consent:

• reproduce, duplicate, copy, download, sell or re-sell, visit or otherwise exploit for any commercial purpose any part of the Website ;
• frame or utilize framing techniques or other technology to display the Website, any content of the Website, or any of the FuMe IP rights, on an external website ; or
• use in a webpage any meta tag or other invisible or hidden text referencing FuMe’s name or utilizing any of the FuMe IP rights.

Furthermore, you agree not to:

• use the Website, its content or FuMe IP rights for any illegal purpose ;
• use the Website in any manner or for any purpose that would breach relevant laws in any applicable jurisdiction ;
• upload or transmit through the Website any computer malware including viruses, trojan horses, worms, or other malicious code, or do anything designed to interfere with or disturb the normal operating procedures of a computer ;
• use the Website in a way that may cause the Website to be interrupted, damaged or rendered less efficient or which may impair the effectiveness or functionality of the Website ;
• use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy) ; or
• interfere with or diminish FuMe rights, titles and interest in the Website.

6. Links to other websites

The Website may contain links to other third-party websites (“Linked Websites”). FuMe is not responsible for the use or content of these Linked Websites and declines any responsibility regarding any information or materials contained on such Linked Websites. If you decide to visit any Linked Websites, you do so at your own risk. It is your responsibility to take all protective measures against viruses or other destructive elements.

7. Privacy

FuMe Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view FuMe Privacy Policy, click https://www.meerapfel.com/privacy-policy. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

8. Limitation and exclusion of liability

You agree and accept that :

• the Website or any content, service or feature of the Website will be uninterrupted or error-free,
• FuMe does not promise that your use of the Website will provide specific results,
• all information provided on the Website is subject to change without notice,
• FuMe can’t ensure that all downloads from the Website will be free of viruses or so,
• you assume total responsibility for your use of the Website and any linked sites.

Therefore, you also agree that FuMe shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from the access or use of the Website, or the information available on the Website, whether such liability is based in tort, contract, or otherwise. Your sole remedy against FuMe for dissatisfaction with the Website or any content is to stop using the Website or any such content.

In no event, shall FuMe be liable for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, computer failure or malfunction, or interruption of business), arising out of or in any way related to the information displayed on the Website, your use of, or inability to use, this Website, or otherwise in connection with these Terms of Use.

In any case, any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, otherwise the claim or cause of action shall be deemed null and void.

If, notwithstanding the other provisions of these Terms of Use, FuMe is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any content, FuMe liability shall in no event exceed the amount paid for the related Products delivered to you.

9. Termination of your access to the Website

You agree that FuMe may, at its sole discretion and without prior notice, terminate your access and/or block your future access to the Website, for causes including but not limited to :

• requests by law enforcement or other government authorities,
• a request by you (self-initiated account deletions),
• unexpected technical issues or problems,
• If we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to FuMe.

If FuMe does take any legal action against you as a result of your violation of these Terms of Use, FuMe will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FuMe. You agree that FuMe will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

10. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will shall remain in full force and effect.

11. No waiver

FuMe failure to enforce its rights under these Terms of Use or take action against any party for breach of these Terms of Use does not constitute a waiver of such rights, or of future subsequent enforcement of such rights.

12. Modification

FuMe reserves the right, at its sole discretion, to change, modify, add or remove part(s) of these Terms of Use at any time. The modifications will become effective on the date they are first posted to the Website. Your continued use of the Website following the posting of changes serve as an agreement that you agree to be bound by the revised Terms of Use. FuMe does not have any obligation to notify you of changes to these Terms of Use. It is your responsibility to review the Terms of Use periodically to apprise yourself of modifications.

13. Governing law and jurisdiction

All matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of Switzerland.

Any dispute relating to the validity, execution or interpretation of these Terms of Use or arising from the access or use of the Website shall be the exclusive jurisdiction of the courts of Switzerland.

14. Questions

Any question, comment and/or request concerning these Terms of Use may be addressed to FuMe by mail or email to legal@meerapfel.com.

Updated on 01/07/2023