1. Recital
These Terms and Conditions (“Terms”) govern:
(i) your use of this Website (as further defined below), and
(ii) legal and contractual relationship between you (as further defined below) and the owner of this Website (hereinafter the “Owner” as further identified below) arising out of your use of this Website and any services provided through this Website, whether paid or unpaid.
The individual accessing this Website (as further defined below), for personal, business, or any other relevant use, and/or receiving free or paid for services through this Website and any software provided herein (hereinafter the “User(s)” or “you”) must read these Terms carefully, to make sure they are fully aware of their rights and obligations, associated with accessing this Website, and all services or software provided on this Website.
2. Definitions
2.1 This Website is provided by Local Applications, Inc., the contact email of which is (hello@berb.io) (the “Owner”)
2.2 “This Website” refers to
a) this website, located at berb.io, including its subdomains and any other website through which the Owner makes Services advertised, displayed or accessed through this Website available;
b) applications for mobile, tablet and other smart device systems developed or accessed through this Website, the App store, or any other third party provider and otherwise associated with the Website;
c) the Application Program Interfaces (API) accessed through this Website or any accompanying application;
d) any and all services accessed through this Website by a User;
e) any applications, sample and content files, source code, scripts, instruction sets or software included as part of a service offered through this Website or otherwise accessed via this Website, as well as any related documentation;
f) Any and all paid or unpaid services, physical products, or information about services or physical products of any kind, purchased, accessed or obtained through this Website.
2.3 Hereinafter, the information, services, and all other items mentioned in Section 2.2a)-f) may be referred to as the “Content.”
2.4 A “User” of this Website may be defined as any individual seeking to use the Website and Content to access events, restaurants, food and beverage service providers, or service providers of any kind who are displayed on the Website, or a business or any party which lists and/or displays their products or services for other users on the Website.
3. Application of the Terms to the Users
3.1 Unless otherwise specified, the present Terms apply generally to all Users when using this Website.
3.2 Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
4. Requirements with which Users must comply
By using this Website, each User confirms to meet the following requirements:
a) The User is not restricted in any way from making use of or accessing the Content through any contractual, legal or other restrictions of any kind on the Users activity, whether such use is professional, personal, commercial or otherwise ;
b) User is not located in a country that is subject to a U.S. Government embargo, or that is subject to any US sanctions, whether financial or otherwise;
c) User is not listed on any U.S. Government list of sanctioned parties; and
d) The User shall not make any use of the Content on this Website for the purpose of any illegal or unlawful activities in the United States, or the laws of any applicable jurisdiction to which the User and the Owner are subject to.
5. Account registration
5.1 To use and access the Content, the Owner may allow or require Users to register or create a User account (“account”), providing all required data or information in a complete and truthful manner. The Owner shall not be responsible for assuring or verifying the validity or truthfulness of any information provided by the User, related to their account or access to Content on this Website, and the User hereby agrees that they are fully liable and responsible for this information. If permitted by the Owner, Users may also use the Content without registering or creating a User account, however, this may cause limited availability of certain features or functions, at the sole discretion of the Owner.
5.2 Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
5.3 By registering, Users agree to be fully responsible for all activities that occur under their username and password. The Owner shall not be held responsible for any liabilities, damages, costs, sanctions or claims of any kind (“liabilities”), arising out of the Users’ creation of an account, provision of information related to such an account, or the use of the Content and this Website, and the User agrees that they shall defend, indemnify and hold harmless the owner of this Website for all liabilities arising out of their use of their account, on demand, and such liabilities shall include any reasonable attorney fees or legal expenses.
5.4 Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
6. Conditions for account registration
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet the following conditions:
a. Accounts registered by bots or any other automated methods are not permitted.
b. Unless otherwise specified, each User must register only one account.
c. Unless explicitly permitted, a User account may not be shared with other persons, and the User, and not the Owner, is responsible for all consequences and liabilities associated with the sharing of an account and its related details with third parties or additional users.
7. Account termination
Users can terminate their account and stop using the Content at any time by doing the following:
a. By using the tools provided for account termination on this Website.
b. By directly contacting the Owner at the contact details provided in this document, only in the event that the steps in Section 7 (a) of these Terms described above do not lead to the successful termination of a User’s account.
8. Account suspension and deletion
8.1 The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
8.2 The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement, and the User agrees that the Owner shall not be liable for any losses, liabilities, loss of data, economic damages, loss of information, or costs of any kind incurred by the User, when the Owner decides to exercise any of its powers described in this Section 8 or elsewhere in these Terms.
8.3 The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
9. Content on this Website and Intellectual Property
9.1 Unless where otherwise specified or clearly recognizable, all Content available on this Website is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the Content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
9.2 In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
9.3 All information and Content displayed on this Website is the sole property of the Owner and its licensors. This includes all ideas, information, designs, images, titles, articles, Content, patentable materials, trade names, copyrightable materials, trade secrets, trademarks, service marks, business ideas, software, source code, and any information, content or material contained on this Website (“intellectual property”) as well as any derivative works of any intellectual property, and such intellectual property may not be reused, duplicated, copied, licensed or sold to any third party without the express written consent of the Owner. All intellectual property and its derivative works are solely owned by the Owner or its licensors, and all rights to such intellectual property and their derivative works vest exclusively with the Owner and its licensors. No Content sold or accessed on this website, or intellectual property and their derivatives, may be copied, duplicated, resold, reverse engineered or modified for sale in any form by a User, and such Content is only to be used for the use expressly permitted by the Owner by these terms or otherwise in writing. Any acts or omissions (“acts”) which violate the terms of this clause shall render the User responsible for such acts fully liable to the Owner upon demand, and such liabilities include lost profits, legal fees, attorney fees, and any costs incurred by the Owner in remedying the consequences of and preventing the acts in violation of this clause. By accessing this Website, you agree that you shall be fully liable for any failure to comply with the requirements of this clause. Any commercial reselling, duplication or reverse engineering of any Content, intellectual property, service or physical good accessed through this Website is by default an act in violation of this clause, and the perpetrator of such an act shall be fully liable to the Owner, on demand, as described in this clause.
9.4 Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
10. Rights regarding Content on this Website – All rights reserved
10.1 The Owner holds and reserves all intellectual property rights for any such Content.
10.2 Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Content.
10.3 In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
10.4 Where explicitly stated on this Website, the User may download, copy and/or share some Content available through this Website for its sole personal and non-commercial use, or for any commercial use explicitly permitted by the Owner, and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
10.5 Any applicable statutory limitation or exception to copyright shall stay unaffected.
11. Content provided by Users
11.1 The Owner may allow Users to upload, share or provide their own data, software, images, materials, information, graphics, text, or User created Content of any identifiable nature (“User Content”) to this Website.
11.2 By providing User Content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
11.3 Further insights regarding acceptable User Content can be found inside the section of these Terms which detail the acceptable uses.
12. Rights regarding User Content
12.1 Users acknowledge and accept that by providing their User Content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.
12.2 Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for Content on this Website.
12.3 Users are solely liable for any User Content they upload, post, share, or provide through this Website.
12.4 Users acknowledge and accept that the Owner at their discretion, may filter or moderate such User Content in a preventative manner.
12.5 Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such User Content at its own absolute discretion and to deny access to this Website to the uploading User without prior notice, if it considers such Content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Content in general.
12.6 The removal, deletion, blocking or rectification of User Content shall not entitle Users that have provided such User Content or that are liable for it, to any claims for compensation, damages or reimbursement.
12.7 Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to User Content they provided to or provided through this Website.
12.8 The User agrees that any User Content uploaded to the site shall be free from viruses, malware, spyware, or any other software of a malicious nature, and that it shall be free from any illegal, obscene or inappropriate materials, which shall include child pornography, pornography, materials which contain discriminatory, racist, sexist, homophobic, or xenophobic content, hate speech (defined as any derogatory, defamatory or demeaning information or communications related to any individual, or groups, based on certain identifiable or personal characteristics, such as race, religion, sex, sexual orientation, country of origin, nationality, cultural practices, membership or affiliations, or otherwise defined by the Owner in their sole and absolute discretion), other prejudicial messages, images or information of any kind, or any other materials or User Content which the Owner deems inappropriate in their sole and absolute discretion (“Restricted User Content”). The Owner may, at their sole and absolute discretion, remove any Restricted User Content if detected on this Website, and further delete or restrict access to the User’s account if they have been found to have uploaded any Restricted User Content, without any liabilities for loss of data, or damages of any kind, whatsoever.
13. Access to external resources
13.1 Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for the third-party content or its availability.
13.2 Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in third party content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
13.3 In particular, on this Website Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
13.4 The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
14. Acceptable use
14.1 This Website and the Content may only be used within the scope of what they are provided for, under these Terms and applicable law.
14.2 Users are solely responsible for making sure that their use of this Website and/or the Content violates no applicable law, regulations or third-party rights.
14.3 Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Content or to an account, or by reporting any misconduct performed through this Website or the Content to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
a) violation of laws, regulations and/or these Terms;
b) infringement of any third-party rights;
c) considerably impairing the Owner’s legitimate interests;
d) offending, harassing or abusing the Owner or any third party.
e) any other relevant activity which breaches these Terms, at the sole discretion and judgment of the Owner, including but not limited to, sharing, uploading, distributing or engaging in any Restricted User Content by the User.
15. Software license
15.1 Any intellectual property rights, and any other exclusive rights on any Content or software or technical applications embedded in or related to this Website are held by the Owner and/or its licensors.
15.2 Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content and software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.
15.3 This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the Content, or any related software and any documentation thereto related is the Owner’s or its licensors’ sole property.
15.4 All rights and license grants to Users shall immediately terminate upon any termination or expiration of the User’s account or access to this Website.
15.5 The Owner may make use of third-party software or information in the provision of the Content, as other third-party software applications, know-how, information, images, expertise, or information of any kind (“third party IP”). The User agrees that they shall only use the third-party IP to the extent permitted, and in the manner permitted by any third-party licensors of such third-party IP, and that they are fully, solely and individually responsible for learning about, complying with, and upholding any third party IP licenses, rights and terms of use.
16. API usage terms
16.1 Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:
16.2 The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
17. TERMS OF PRODUCT PURCHASE/SALE
17.1 Paid Products
Some of the Content provided on this Website, may display certain goods or services which are provided to the User on the basis of payment (hereinafter “Product(s)”). The fees, duration and conditions applicable to the purchase of such Products will be in the dedicated sections of this Website.
17.2 Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice. While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.
17.3 Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes the following steps:
a) Users must choose the desired Product and verify their purchase selection.
b) After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
17.4 Order submission
When the User submits an order, the following applies:
a) The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page;
b) In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly;
c) Upon submission of the order, Users will receive a receipt confirming that the order has been received; and
d) All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
17.5 Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
17.6 Methods of payment
Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website. All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
17.7 Usage Rights
Until payment of the total purchase price is received by the Owner or any relevant third party, the User will not receive a right of use or ownership, if applicable, related to any Products.
17.8 Delivery of digital content
Unless otherwise stated, digital content purchased on this Website is delivered via download or via the browser on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Products, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
17.9 Performance of services
The purchased Products shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
17.10 NON-CIRCUMVENTION OF PRODUCT USAGE
The User hereby agrees to maintain all transactions between other Users, businesses, event, restaurant or other service providers (“Secondary Users”), occurring through or because of the use of the Website, the Content, or the Products on the Website, strictly on the Website alone, and to pay any such price or service charge levied against such transactions by the Owner, as required under the terms of purchase by the Owner. The User shall be liable for all service charges levied against their use of the Website, Content or Products, as described on the Website, and any failure to honor the terms of payment or engage in such transactions on the Website exclusively so that the applicable prices or service charges may be calculated/charged, shall constitute a material breach of these Terms. The User breaching these Terms shall be fully liable to the Owner, on demand, for any and all unpaid service or Product charges, as well as any reasonable fees incurred by the Owner in auditing the User’s transactions with Secondary Users (including via the use of an outside audit or accounting firm) and all reasonable attorney fees and court costs incurred by the Owner in recovering any service charges or payments from the User, which are rightly due to the Owner.
17.11 Liability for Third Party Paid Products, Paid Services, or Promoted Content
The User agrees that the Owner is not responsible for the quality, content, form, accuracy, or delivery of any Products, services or Content provided by third parties or Secondary Users via the use of the Website (“Third Party User Content”), and the User agrees not to hold the Owner liable for any damages, costs, liabilities, or expenses incurred which are associated with Third-Party User Content, under any circumstances whatsoever.
18. Disclaimers
18.1 General Disclaimers
a) The Owner makes no warranty of fitness for a particular purpose with respect to any Products or Content sold or accessed on this site. The User of any Products or Content listed on this site agrees that such Products or Content are purchased or accessed “as is,” which means that they accept them as listed or described in the site, and will not hold the Owner accountable for anything beyond what is specifically listed in terms of the Products or Content specifically or explicitly described on this Website. Specifically, the Owner makes no representation or warranty that the use of the Content, Products or Website will cause the User to gain anything of a material or monetary value, and the Owner is not responsible in any circumstances for the conduct, communications, adequacy, representations or sufficiency of any other Secondary Users engaged by the User via the Content, Products or Website. The Owner bears no liability for any costs, injuries to person or property, or damages of any kind, arising from the use or misuse of the Products or Content accessed or purchased on this Website. All such Products or Content are purchased or accessed at the sole risk and discretion of the User, and in accessing the Product or Content, the User acknowledges that such Products or Content are accessed or purchased as is, while waiving all claims against the Owner for any damages arising out of the use or application of any Products or Content, or the reliance on any information provided via the Website. Once Products or Content are purchased or accessed from this Website, there are no refunds permitted, unless the Owner, in their sole and absolute discretion, deems that a refund is warranted to the User.
b) Users specifically agree and acknowledge that it will be the Users themselves, and not the Owner under any circumstances whatsoever, who are responsible for compliance with any laws applicable to transactions facilitated or undertaken via the Products, Contents or Website, and which include but are not limited to consumer protection laws, contract laws, anti-corruption laws, anti-discrimination laws or any other applicable law in a jurisdiction to which the User, a Secondary User or the Owner is subject. Users are also independently responsible for the terms of their agreements or transactions with any Secondary Users. Users will immediately defend, indemnify and hold the Owner harmless against any costs, claims, liabilities, damages, penalties, sanctions or government actions which are incurred by the Owner in connection with the User’s responsibilities described in this clause 18.1 b)
c) Third Party User Content
The User hereby acknowledges that the Owner is not responsible for facilitating the User’s access to or rights arising from the purchase of any Third-Party User Content, or Products purchased from any third parties via the Website. Any Third Parties providing Products or services to the User will be directly responsible for honoring the legal rights of Users who make use of such Products or services, and any User who offers Third Party User Content agrees to be fully liable for honoring all rights of respective Users who purchase their Products or services via the Website.
d) TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT THAT THE CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THE OWNER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR SHALL REMAIN UNINTERRUPTED OR ACCESSIBLE AT ALL TIMES. ACCESS TO THE PRODUCT OR CONTENT MAY BE DISCONTINUED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE OWNER, EXCEPT TO THE EXTENT OF ANY CONTRACTUAL OBLIGATIONS BINDING THE OWNER WHICH ARISE EXCLUSIVELY FROM THE PAYMENT BY THE USER FOR ANY PRODUCT OR CONTENT. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OWNER PRODUCTS OR CONTENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
e) Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. These Terms gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
19. Limitations of liability
19.1. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
a) any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Content, Website and the Owner’s services;
b) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Content or User accounts or the information contained therein;
c) any errors, mistakes, or inaccuracies of Content;
d) personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Content or any Products;
e) personal injury or property damage, of any nature whatsoever, resulting from User access to or use of Third-Party User Content;
f) any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
g) any interruption or cessation of transmission to or from the Content;
h) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Content;
i) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Service; and/or
j) the defamatory, offensive, or illegal conduct of any User or third party.
k) In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months.
19.2 This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
19.3. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
20. Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
a) User’s use of and access to the Content, including any data or information transmitted or received by User;
b) User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
c) User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
d) User’s violation of any statutory law, rule, or regulation;
e) any User Content or other Content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
f) User’s willful misconduct; or
g) a violation of any relevant law or statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
21. No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
22. Service interruption
22.1 To ensure the best possible service level, the Owner reserves the right to interrupt access to the Content for maintenance, system updates or any other changes, informing the Users appropriately.
22.2 Within the limits of law, the Owner may also decide to suspend or terminate the Content access altogether. If the Content access is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law, if this is required.
22.3 Additionally, the Content might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts, etc.).
23. Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Content without the Owner’s express prior written permission, granted directly in writing.
24. Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
25. Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Content will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using or accessing the Content. Failure to accept the revised Terms, may entitle the Owner to terminate the access to the accounts or the Content for the User. The applicable previous version of the Terms will govern the relationship prior to the User’s acceptance. The User can obtain any previous version of the Terms from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
26. Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
27. Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
28. Governing law
These Terms are governed by the laws of the State of Delaware, USA without regard to conflict of laws principles.
29. Venue of jurisdiction
The User accepts and acknowledges that all disputes arising out of the use or access to the Website or its Content or any Products or Accounts therein, or involving the Owner in any way related to this Website, shall be resolved in accordance with the terms and procedures described in clause 30. After the completion of these procedures, the User unequivocally submits to the binding jurisdiction of the competent courts located in the State of Delaware, USA, as described in this clause 29.
30. Dispute resolution (Amicable dispute resolution)
30.1 Users may bring any disputes to the Owner who will try to resolve them amicably.
30.2 While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or its Content, Products or accounts, Users are kindly asked to contact the Owner at the contact details provided in this document.
30.3 The User may submit the complaint including a brief description if applicable, to the Owner’s email address specified in this document, within 30 days of the basis for the complaint arising, or else the User agrees that they will waive all rights to take any legal action or make any claim against the Owner to the extent permitted under applicable laws.
30.4 The Owner will process and investigate the complaint without undue delay and within 30 days of receiving it. If the Owner so requires, they may also mandate an additional 30-day investigation period to gather information and evidence related to the complaint, upon written notice to the User. The User agrees not to file any complaint or commence proceedings in line with this clause, until the investigation period described herein expires.
30.5 If within thirty days after the investigation period(s) end, the User and the Owner cannot resolve their disputes amicably, the dispute between the Parties will be resolved via the competent courts described in Section 29.
30.6 To the extent permitted under applicable law, the User unequivocally waives all rights to participate in, initiate or be a party to any class action lawsuit in which the Owner is a defendant and the User is a plaintiff, and the User agrees that the only legal remedies available to the User under these Terms are those obtained through the competent courts described herein.
31. Owner’s Contact Information
The Owner may be contacted at the following email address: hello@berb.io
32. Data Protection
32.1 The full scope of the Privacy Policy for this website governs the Data Protection of the User accessing this Website. In case of any conflict between the Privacy Policy and these terms, the Privacy Policy shall govern any matter related to the Users Privacy rights and Data. However, for all other matters, it is these Terms which shall govern all relations between the User and the Owner.
32.2 Any personal or sensitive data shared on this Website shall remain the property of the User and shall be subject to full confidentiality and data protection obligations on the part of the Owner. However, the User of this Website specifically allows the Owner, by the act of creating an account, accessing specific Content or purchasing any Products, to use any such personal or sensitive data, and transmit such data to third parties with reasonable and adequate data protection, confidentiality and data security capabilities and obligations, and to other regions with similar or fewer data protection regulations in place, if required for the sole purpose of providing Content, Products or access to this Website, for the User specifically. If the User, submitting any information to the Owner via this Website, does not wish to have their data sent to third parties, or other regions outside their home jurisdiction, then they must communicate this in writing to the Owner, who will then determine whether they can continue providing the account, Content or Products to such a User without remitting or using their data as described. If the Owner, in their sole discretion, discontinues an account, any Products or access to Content, for a User making such a declaration, then any fees paid or currency of value transferred to the Owner shall be rendered forfeited to the Owner, and shall be non-refundable.
These Terms and Conditions were last Updated on November 9th, 2023