Effective date: 3rd June 2021
Introduction
SCHWANA e.K. (“we”, “us”, or “our”) operates, and is the owner of, the following websites, social media profiles and YouTube channels (individually and collectively the “Service”):
https://schwana.co
https://instagram.com/schwana.co
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully and in full before using any component of our Service, whether as a guest, registered user or any other type of visitor.
These Terms and Conditions are split into 2 main sections – “Terms of Use of Service” and “Terms and Conditions of Supply”.
These terms are an agreement (“Agreement”) between you and SCHWANA e.K. about your use of our Service and the information contained in or available through the Service and should be read in conjunction with our privacy policy.
If you do not agree to these terms in full, please leave the Service and do not make any use of the Service. By remaining on our Service and/or making use of our Service you are deemed to have accepted these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our Service. Please return to these terms from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us; please review our Privacy Policy, which explains how we treat your personal information and protect your privacy.
Intellectual Property Ownership
All content included or published on the Service is and shall continue to be the property of SCHWANA e.K. or its content suppliers. All content is protected under applicable copyright, trademark, patent and other propriety rights. Any redistribution, use, copying or publishing of any content (whether in part or in full) or parts of the Service is strictly prohibited unless there is expressed written consent given by SCHWANA e.K. You acquire, under no circumstances, the ownership rights or other interest in any content by or through your use or viewing of the Service.
Terms of Use of Service
It is for you to make the proper arrangements for you to access the Service. You are responsible for ensuring that all persons who access the Service through your internet connection are aware of this Agreement, and that they comply with it.
Use of Content Accessed Through the Service
You are permitted to use any material that is available on or through the Service, whether upon payment or free of charge, for your own personal use, but not for distribution (whether free of charge or for payment), republication, sublicense, assignment, resale, preparation of derivative works, or other use. You promise that you will not resell or otherwise attempt to commercially benefit from the Service content, except where and when specifically allowed or permitted by us.
You are permitted to link back to our Service by using a link on your website or other channels.
Before using any content or material, including photos or text from the Service, please send an email with your request or questions via email to: policies@schwana.co
No part of this Service may be used without our prior permission other than what has been stated in this Agreement.
If the terms outlined above are breached, your right to use our Service and its contents is automatically revoked – you must then immediately destroy any copies you have made of any material from any part of our Service.
We do not guarantee that our Service will be free from bugs or viruses, or that it will be protected at all times against hacking. While accessing our Service, you are responsible for setting up your computer and using appropriate firewall and virus protection technologies.
Our terms and conditions of supply will apply if you purchase goods or services from our Service.
Site Uptime
We take all reasonable steps to ensure that this Service is available 24 hours every day, 365 days per year. However, the Service may sometimes encounter downtime due to server and, other technical issues. Therefore, we will not be liable if this Service is unavailable at any time. We do not guarantee that our Service, or any content on it, will be available uninterrupted. Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.
This Service may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.
Visitor Conduct
With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Service, such as comments, shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
When using this Service you must not attempt unauthorised access to the Service, the servers on which our Service or databases are stored or any servers, computers or databases connected to our Service, and you shall not post or send to or from this Service any material: for which you have not obtained all necessary consents; that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the laws in Germany and other Jurisdictions where we operate; or which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful technology, software or data.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Service in breach of this Agreement.
If a third-party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third-party.
We reserve the right to remove any posting you make on our Service for any reason and without notice, but particularly if your post does not comply with these terms of use.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites or Services
Our Service may contain links to third-party websites or services that are not owned or controlled by SCHWANA e.K.
SCHWANA e.K. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SCHWANA e.K. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through our Service, or third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
If you would like to link to our Service, you may only do so on the basis that you link to, but do not replicate, any page or content on the Service, and subject to the following conditions: you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing; you do not misrepresent your relationship with us or present any false information about us; you do not link from a Service that is not owned by you; your website or service does not contain content that (1) is offensive, controversial, infringes any intellectual property rights or other rights of any other person, (2) does not comply in any way with the law in any jurisdiction where we operate.
If you knowingly or unknowingly choose to link to our Service in breach of this Agreement, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Disclaimer and Exclusions of Liability
Our Service is made available in return for payment or free of charge. We take reasonable steps to ensure that the information on this Service is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Service, nor do we guarantee the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Service at any time and without notice, including corrections. The material on this Service may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
The material on the Service is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Service on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Service.
All information and services on or through the Service are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Any information on the Service in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Service, you must obtain suitable advice from a professional or specialist.
You use the Service at your own risk – neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Service (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Service) shall be liability or responsible for any kind of loss or damage that may result to you or a third-party as a result of your or their use of our Service. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Service.
We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to: use of, or inability to use, our Service; or use of, or reliance on, the contents of our Service.
In addition, if you are a business user, we will not be liable to you for: lost profit or turnover; interruption or disruption of your business; your failure to make anticipated savings; lost business opportunities or damage to your goodwill or reputation; or indirect or consequential losses.
In addition, if you are a consumer, you agree not to use our Service for any commercial or business purposes, and we shall have no liability to you for anything mentioned in this Agreement.
We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Service or your downloading of any content on it, or on any Service linked to it.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the Laws of the Germany or other Jurisdictions where we operate.
Miscellaneous
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Service and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Service.
You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
We may provide you with notices, including those regarding changes to the Agreement by updating this Terms and Conditions Page. We will also notify you of changes via email, postings on the Service, or other reasonable means now known or developed in the future.
Termination
We may terminate or suspend your account and / or access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us at hello@schwana.co.
Terms and Conditions of Supply
These terms and conditions form the basis on which you can purchase products and services from SCHWANA e.K. Please read them carefully as they contain important information.
GENERAL TERMS AND CONDITIONS
This site is owned and operated by SCHWANA e.K.. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our Service, you can contact us using the details provided at the bottom of this Agreement.THE CONTRACT BETWEEN US
We must receive payment of the whole of the price for the services that you order before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. Only at this point is a legally binding contract for the supply of goods and / or services created between us.
ACKNOWLEDGEMENT OF YOUR ORDER
To enable us to process your order, you will need to provide us with your valid email address. We will notify you by email as soon as possible to confirm receipt of your order and to confirm details.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this Service, are owned by or licensed to SCHWANA e.K.. Any use of this Service or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this Service for any purpose.
ACCURACY OF CONTENT
We have taken care in the preparation of the content of this Service, in particular, to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.
DAMAGE TO YOUR COMPUTER
We try to ensure that this Service is free from viruses or defects. However, we cannot guarantee that your use of this Service or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment or security technologies are available to use the Service. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Service.
ORDERING ERRORS
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
PRICE
The prices payable for products or services that you order are as set out on our Service. All prices are inclusive of VAT at the current rates (unless otherwise stated) and are correct at the time of entering information.
PAYMENT TERMS
We will take payment upon receipt of your order from your credit or debit card or other acceptable payment instrument. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the products or services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.
CANCELLATION RIGHTS
As a customer, you have the legal right to cancel your order up to 14 calendar days after the day of purchase of a product or service. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 10.5)
Should you wish to cancel your order, you can notify us in writing via email – hello@schwana.co.
If you require us to begin any services within the Cancellation Period, we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period, we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
CANCELLATION BY US
We reserve the right not to process your order if:
- We have insufficient staff or resources to deliver the services you have ordered;
- We do not provide services to your area; or
- One or more of the services you ordered was listed at an incorrect price due to a typographical error.
If we do not process your order for the above reasons, we will notify you by email and will refund you via the same means used to purchase the product or service. Any refund requested will be completed within 14 days
IF THERE IS A PROBLEM WITH THE PRODUCT OR SERVICE
If you have any questions or complaints about the services please contact us via email. You can do so at hello@schwana.co
LIABILITY
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
NOTICES
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address provided at the bottom of this Agreement and all notices from us to you will be displayed on our Service from time to time.
CHANGES TO LEGAL NOTICES
We reserve the right to change these Terms and Conditions from time to time and you should look through them as often as possible.
PRIVACY
You acknowledge and agree to the terms of our Privacy Policy.
THIRD-PARTY RIGHTS
Nothing in this Agreement is intended to, nor shall it confer any rights on a third-party.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a substantial change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us via email at policies@schwana.co.