TERMS OF SERVICE
Last
updated
January 01, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are Helixhike, Unipessoal LDA
, doing business as Genetrip
(
"Company," "we," "us," "our"
)
.
We operate the
website
http://www.genetrip.io
(the "Site")
, as well as any other related products and services that
refer
or link to these legal terms (the "Legal
Terms"
) (collectively, the
"Services").
You can contact us by email at contact@genetrip.io
or by mail to Rua Pinto Bessa 277
, AP 4.5
, Porto
, Porto
4300-431
,
Portugal
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ("you"
), and Helixhike, Unipessoal LDA, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU
ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or modifications to
these
Legal Terms from time to time.
We
will alert you about any changes by updating the "Last
updated"
date of these Legal Terms, and you waive any
right to
receive specific notice of each such change. It is your responsibility to periodically review
these
Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms by your continued use
of
the Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you
print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services 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 within such jurisdiction or country. Accordingly, those persons who
choose
to access the Services 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 Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may
not
use the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks, and
logos
contained therein (the "Marks").
Our Content and Marks are protected by copyright
and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through
the Services "AS IS"
for your personal, non-commercial use or internal
business
purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section
below, we
grant you a non-exclusive, non-transferable, revocable
license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your
personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: contact@genetrip.io. If we ever grant you
the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the "
PROHIBITED ACTIVITIES
" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have
when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us
all
intellectual property rights in such Submission. You agree that we shall own this Submission and
be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By
sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES
" and will
not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral
rights to any such Submission;
- warrant that any such Submission
are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions;
and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely
responsible
for your Submissions and you expressly agree to reimburse us for
any
and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
By using the Services, 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 Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal
or unauthorized
purpose; and (7) your use of the Services 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
Services (or any portion thereof).
You may
be
required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene,
or
otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
- Paddle
You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the Services. You further
agree
to promptly update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as
needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices
at
any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment
provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to
our
charging your payment method on a recurring basis without requiring your prior
approval
for each recurring charge, until such time as you cancel the applicable 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 refuse any order placed
through the Services. We may, in our sole 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 that use the same billing or
shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to
be placed by dealers, resellers, or distributors.
6. CANCELLATION
You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the
current
paid term.
If you are unsatisfied with our Services, please email us at contact@genetrip.io
.
You may not
access or
use the Services for any purpose other than that for which we make the Services available.
The
Services may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or approved by us.
As a
user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly
or indirectly, a collection, compilation, database, or directory without
written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features
of
the Services, including features that prevent or restrict the
use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws
or
regulations.
- Engage
in unauthorized framing of or
linking
to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text),
that
interferes with any party’s uninterrupted use and enjoyment of
the
Services or modifies, impairs, disrupts, alters, or interferes
with
the use, features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material
that
acts as a passive or active information collection or
transmission
mechanism, including without limitation, 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"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, 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 comprising or in any way
making
up a part of the Services.
- Except
as may be the result of standard search engine or Internet
browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the
Services,
including collecting usernames and/or email addresses of users
by
electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under
false
pretenses
.
- Use
the Services as part of any effort to compete with us or
otherwise
use the Services and/or the Content for any revenue-generating
endeavor or commercial
enterprise.
-
Any kind of spamming the website with many requests
8. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with
the
opportunity to create, submit, post, display, transmit,
perform,
publish, distribute, or broadcast content and materials to
us or
on the Services, including but not limited to text,
writings,
video, audio, photographs, graphics, comments, suggestions,
or
personal information or other material (collectively, "Contributions").
Contributions
may be viewable by other users of the Services and through
third-party websites.
When
you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution, transmission,
public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but
not limited to the copyright, patent, trademark, trade secret, or moral
rights
of any third party.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases,
and
permissions to use and to authorize us, the Services, and other
users
of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false, inaccurate,
or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms
of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous, or
otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- 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 concerning child pornography, or otherwise intended to protect the
health or
well-being of minors.
- Your Contributions do not include any
offensive
comments that are connected to race, national origin, gender, sexual
preference,
or physical handicap.
- Your Contributions do not otherwise violate,
or
link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use
of
the Services in violation of the foregoing violates these Legal Terms and may
result
in, among other things, termination or suspension of your rights to use the
Services.
You and Services
agree
that we may access, store, process, and use any information and personal data that you
provide
and your choices (including settings).
By submitting
suggestions
or other feedback regarding the Services, you agree that we can use and share such feedback for
any
purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and
any
intellectual property rights or other proprietary rights associated with your Contributions. We
are
not liable for any statements or representations in your Contributions provided by you in any
area
on the Services. You are solely responsible for your Contributions to the Services and you
expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action
against
us regarding your Contributions.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain
(or
you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or
items
belonging to or originating from third parties ("Third-Party
Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content,
accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting
the use or installation of any Third-Party Websites or
any
Third-Party Content does not imply approval or
endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you
should
be aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Services
or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and
from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively 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 hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
11. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
12. PRIVACY
POLICY
We care about data privacy
and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
Germany
. If you access the Services from any other region of the world
with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
Germany
, then through your continued use of the Services, you are
transferring your data to
Germany
, and you expressly consent to have your data transferred to and
processed in
Germany
.
13. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your
account for any reason, you are prohibited from registering and creating a new account under your
name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services
at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
15. GOVERNING
LAW
These Legal Terms are
governed
by and interpreted following the laws of
Portugal
, and the use of the United Nations Convention of Contracts for the International Sales of
Goods
is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you
additionally
possess the protection provided to you by obligatory provisions of the law in your country to
residence.
Helixhike, Unipessoal LDA and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of __________, which means that you may make
a
claim to defend your consumer protection rights in regards to these Legal Terms in
Portugal
, or in the EU country in which you reside.
16. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or
us
(individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
__________ days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European
Court of
Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which
are in
force at the time the application for arbitration is filed, and of which adoption of this clause
constitutes
acceptance. The seat of arbitration shall be
Portugal
. The language of the proceedings shall be __________. Applicable rules of substantive law shall be the law of
Portugal
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
17. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY 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 VIA THE SERVICES.
WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, 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 PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
19. 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
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one (1) mONTH PERIOD
PRIOR TO
ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS 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.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties
set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are
required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use
reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits
by any means other than electronic means.
23. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others
at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may
have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact us
at:
Helixhike, Unipessoal LDA
Rua Pinto Bessa 277
AP 4.5
Porto
, Porto
4300-431
Portugal
contact@genetrip.io