The present Terms and Conditions (“Terms and Conditions”) apply to all sales of products made to you in the countries listed here on the website www.myhabeats.co (the “Site”), operated by (healthiness), (Iroon Politechniou 84, 16341 Ilioupolis), telephone number: , (the “Company”). These Terms and Conditions supersede any prior terms and conditions or any general or specific terms and conditions of the Customer. Every product order placed on the Site, presupposes the prior consultation and the acceptance by the Customer of the Terms and Conditions.
2. Services Available on the Site
Users of the Site, who simply browse the Site (“Guests”), may be able to view products and information, request information and engage in certain services on the Site. Users of the Site, who enter into a separate User Agreement with us, may be able to (a) use Site’s systems and networks to post information about their products and services and offer such products and services for sale through the Site and (b) receive hosting services from Us.
It is explicitely declared that the Services through this Site are provided between non merchants.
Except as expressly provided in a separate User Agreement between You and the Company, the Company reserves the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or Services, or restrict Your access to part or all of the Site or Services without notice to You or penalty to Us.
3. Proprietary Rights and License
The Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials on the Site, the look and feel, design and organization of the Site, and the compilation of the material on the Site (collectively, the “Content”) are protected by Greek and international copyright, trademark and other laws. The Company and its licensors own, solely and exclusively, all rights, title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights in the Site and Content. Your use of the Site and/or the Content does not grant to You any ownership in or to the Content or Site.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of The Company and its licensors and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Company or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
The Company grants You a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms and conditions in this Agreement. This license is granted solely to allow You to visit and display the Site and to use the Services as permitted by this Agreement. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content. All rights not expressly granted in this Agreement are reserved.
4. User Accounts
Users, who create an account on the Site, agree to the following terms and conditions with regard to their account:
● To provide complete and accurate information to create your account and to keep your account information up-to-date.
● To choose a user name and password for your account. You understand that it is your responsibility to choose a user name and password and to maintain the confidentiality of your password. If you share your password with anyone it may jeopardize the security of your account. You agree to notify The Company promptly if you become aware that your password or account has been used without your consent. To do so, please contact us at [firstname.lastname@example.org].
● That the Company may refuse to grant you, and that you may not use, a user name that belongs to or is already being used by another User or that is offensive, in our sole discretion.
● Not to impersonate any other person, thing or entity through your user name.
● Not to access anyone else’s account without that person’s permission.
● Not to use the Site or Services if you are less than 18 years of age without the consent of your parent or guardian, who agrees, on your behalf, that you will comply with the terms and conditions of this Agreement.
● That certain pages on the Site may be restricted to Users over the age of 18 and you agree not to access or attempt to access such pages if you are not over the age of 18.
● Not to post or display any content that is not suitable for minors unless properly designated.
● That the Company may temporarily or permanently discontinue providing the Site or the Services at any time and that as a result you may be prevented from accessing the Site, the Services and your account.
To the extent that you post or otherwise provide the Company with content, including photographs, audio, text, graphics or other works of authorship, on or through the Site or your account, you grant to the Company a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such content, unless otherwise provided in the User Agreement.
5. The Company’s Rights
The Company reserves the following rights:
● To suspend or terminate the account of anyone who violates this Agreement.
● To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time.
● To review, modify, filter, disable, delete and remove any and all content and information from the Site.
● To update and download automatically any software provided on or through the Site.
● To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that you provide, or if we decide that such disclosure is in the company or its customer’s best interests.
● To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
You agree that the foregoing are rights of, but not obligations of, the company and that the Company may, but is not obligated to exercise any of these rights.
You may use the Site and the Services only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site or the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.
You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site or the Services comply with this Agreement and all applicable laws and regulations. The Company does not review, edit, censor or take responsibility for any information that you, or other Users, may create, transmit, post, store, distribute, display or present using the Site or the Services.
You may not use the Site or the Services to:
● Post content or information that is obscene, hateful, threatening, defamatory, includes child pornography, or creates a risk to anyone’s privacy or safety.
● Promote, do or further any unlawful, misleading, discriminatory or malicious activity.
● Solicit personal information from anyone under 18 years of age.
● Transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information.
● Upload or transmit viruses, worms or other malicious code.
● Violate or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets. For instance, You may not use the Site or the Services to provide pirated or counterfeit works, information to circumvent copyright protection devices or links to such works or information or impermissibly use someone else’s copyrighted work or trademarks.
● Violate or infringe anyone’s privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission.
● Forge or otherwise manipulate headers, tags or identifiers in order to disguise the origin of any message or transmittal that you send or receive on or through the Site or the Services.
● Falsely express or imply that the Company sponsors, endorses or is otherwise affiliated with you or your content.
● Violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws.
● Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Site or the Services, the proper working of the Site or the Services, security features of the Site or the Services, or the equipment connected to the Site or the Services.
● Impose an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks.
● Restrict or inhibit any other person from using the Site or the Services (including without limitation by hacking or defacing any portion of the Site).
● Create a database by downloading and storing the Content or any part thereof.
● Violate this Agreement or encourage or assist anyone else to violate this Agreement.
You may not do any of the following without the Company’s written permission:
● Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Content or the Site for commercial purposes.
● Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
● Access or attempt to access the Site or collect or index information provided to the Company using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or the similar means or equivalent manual processes. We grant operators of public search engines permission to use spiders and other automated means to collect and copy Content from the Site solely to the extent necessary to create publicly available searchable indices of such Content, excluding caching or archiving such Content. The Company reserves the right to revoke this permission at any time either generally or in specific cases.
● Solicit, trace or otherwise collect any information from Users.
● Frame or use framing techniques to enclose the Site or any part thereof.
● Use any metatags or any other “hidden text” using any Trademarks of the Company.
● Reverse engineer, decompile or otherwise extract source code provided on or through the Site or the Services.
In addition to any remedies that the Company may have at law or in equity, if The Company reasonably determines that you have violated or are likely to violate the foregoing prohibitions, the Company may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the Site. The Company may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing the Company to disclose the identity of anyone posting such materials.
7. Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of the Company without any compensation or credit to you whatsoever. The Company and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.
8. Copyright and Trademark Infringement
The Company respects the intellectual property rights of others and expects Users to do so as well. Please see our Copyright & Trademark Policy, which is incorporated into this Agreement by reference, for instructions on how to file a complaint and what You can do if a complaint is filed against you.
9. Violations of This Agreement and Termination
Your use of the site or services may not violate any of the provisions in this agreement. the company may suspend or terminate your account or services and/or remove (to the extent possible) any materials, if it determines, in its sole and exclusive discretion, that you have engaged in any activity that violates this Agreement.
The Company will not intervene or become involved in any disputes between you and a third party. Consequently, the Company reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to you upon receipt of any third party complaint that you have engaged in any activity that violates this Agreement, that may otherwise subject the Company to liability for any reason, or that may cause the Company to incur legal fees or other expenses.
Without limiting its other remedies, The Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate this Agreement and your access to the Site or the Services and your account(s) if you fail to comply with any term or condition of this Agreement. The Company has not obligation to provide notice to you in the event of a suspension or termination. The Company may take such actions without providing you prior notice and at its sole discretion. Upon the occurrence of such a violation, You agree to terminate access to the Site and Services. The Company may also report your activities to federal and/or state law enforcement agencies. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.
To the maximum extent permitted by law, you agree to indemnify and hold harmless the Company, its affiliates, members, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (1) Your use of the Site and Services, (2) Your submission, posting, transmittal, display, storage, distribution, removal or any other use of any User Information, Content and/or any other materials or content, (3) Your violation of this Agreement, (4) Your violation of any law or regulation, or violation of any proprietary or privacy right, (5) Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or (6) any claim that your User Information or submission of any other information or content by you caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Site and Services. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, You agree to cooperate with the Company’s defense of such claim.
11. Disclaimer of Warranties
You agree to assume all responsibility and risk for your use of the site, the services and the content. to the fullest extent permissible under applicable law, neither the company nor its officers, members, directors, employees, agents, representatives, information providers, licensors or licensees (“related parties”) make any express or implied warranties or representations whatsoever with respect to the site, the services or the content. Neither the company nor any related parties endorse or make any representation or warranty with respect to the accuracy, reliability, timeliness, or completeness of the site, the services or any content or that the site, the services or any content is non-defamatory, non-infringing or otherwise lawful. neither the company nor any related parties warrant that the functions performed by the site, the services or the content will be uninterrupted, timely, secure or error-free, or that defects in the site, the services or the content will be corrected. neither the company nor any related parties guarantee or warrant that the files available for downloading will be free from infection by software viruses or other harmful computer code, files or programs. the site, the services and the content are provided on an “as is,” “where is, “where available” and “as available” basis. you acknowledge that any reliance on or use of the site, the services and the content is at your sole risk.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
12. Limitation of Liability
In no event will the company or any related party be liable to any person or entity for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, any website linked to the site, or the content or services contained or accessed through such site, whether based on warranty, contract, tort or any other legal theory and whether or not the company or a related party is aware of or of advised the possibility of such damages. in the event of any problem with the site, the services or the content, you agree that your sole remedy is to cease using the site, the services or the content.
You specifically agree that the company will not be liable for any users’ content or defamatory, offensive or illegal conduct of any third party and that you assume the full risk of harm or damage from the foregoing.
Some jurisdictions do not allow the limitation of liability for certain damages so the above limitation of liability may not apply to You.
13. Governing Law; Exclusive Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with law of the Greece. The courts of Athens shall have exclusive jurisdiction to settle any and all disputes which may arise out of or in connection with the Terms and Conditions and its subject matter. All users of the Site consent to the exclusive personal jurisdiction of such courts and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action.
14. Your Representations and Warranties
By using the Site, the Services or the Content you represent and warrant that:
● You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who you are authorizing to use the Site and the Services;
● You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
● You will use the Site and the Services in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
● You are authorized to sign for and bind the person or entity using the Site or the Services;
● You will provide only true, accurate, complete and current information to the Company; And
● You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal Your identity from the Company or in any material that You post or submit on the Site for any purpose.
15. Entire Agreement and Assignment
This Agreement together with all policies and agreements referenced herein constitutes the entire agreement between the Company and you with respect to the Site, the Services and the Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Site, the Services and the Content, unless an agreement specifically provides that it is not superseded by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
You may not assign this Agreement or any part of this Agreement without the express written consent of the Company. You agree that the Company may assign this Agreement or any part of this Agreement at any time and for any reason without your consent.