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Terms and Conditions
Effective Date: October 28th, 2019
Welcome to the Aphrodite Website!
BY ACCESSING OR USING WEBSITE (THE “WEBSITE”) YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Terms.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
1. ABOUT THE TERMS
1.1 Key Terms
1.2 Website Rules
Using the Website, any user expressly demonstrates to have carefully read, understood and accepted our entire set of legal documents, available at www.aphrodite.fi. This Terms and Conditions statement is a legal binding between us – Aphrodite, the developer and owner of Aphrodite website – and you – meant as any user of our Website, including customers and merchants.
1.3 Amendment of Terms
Aphrodite reserves the right to amend these Terms at any time. We will usually give you notice of any changes to these Terms (which won’t apply to you retrospectively) but this will not always be possible. By continuing to use the Website after we have posted an updated version of the Terms, you will be bound by them.
2. ABOUT THE WEBSITE
2.1 License to Use
Subject to your compliance with the Terms, Aphrodite grants you a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Aphrodite, in the manner permitted by the Terms.
2.2 Modifications, Suspensions and Updates to the Website
Aphrodite reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part or any features, functionality, Websites or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Website Content at our sole discretion at any time without prior notice to you.
You agree that Aphrodite has no obligation to provide any updates or to continue to provide or enable any features, functionality, Websites or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
In this sense, any merchant expressly understands that a potential temporary suspension of the Website working time will not constitute a base to open any sort of dispute or request of refund.
2.3 International Users
Aphrodite is based in Finland, and the Website is hosted in the United States and operated from Finland. You are prohibited from accessing or using the Website from any territory where any of the Content, Services, or any of the features, functionality, Websites, or promotions offered on or through the Website, is illegal. If you access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules, and regulations, including export laws and regulations and local laws regarding online conduct and content.
While certain Content is publicly available, you must register for a User account before you are able to use any of the Services.
4. USER CONDUCT GUIDELINES
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website in any way, including via methods such as a denial-of-service attack or a distributed denial-of-service attack. Furthermore, you may not systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, using bots, crawlers, or spiders, or otherwise without the prior written consent of Aphrodite. By breaching this provision, you are likely to be committing a criminal offense. In the event of such a breach, your right to use our Website will cease immediately. Except as permitted under these Terms, you must not extract or screen scrape any data or information from our Website, and bots or other automatic means must not be used to interact with our site.
5. INTELLECTUAL PROPERTY OWNERSHIP
5.1 The Website
We are the owner (or the licensee) of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website. You must not modify the paper or digital copies of any materials, you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
If you print off, copy or download any part of our Website in breach of these terms, your right to use our Website will cease immediately.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aphrodite or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Aphrodite (the “Aphrodite Marks”) are the property of Aphrodite, and that you are not permitted to use the Aphrodite Marks without our prior written consent.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by emailing us, at [email protected]. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Aphrodite. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Aphrodite or its affiliates for any purpose whatsoever, including developing, improving and marketing products.
5.3 THIRD PARTY TERMS
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them, and we do not accept responsibility for your use of these links and resources.
We have no control over the contents of those sites or resources.
6. DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN PARTICULAR, ANY USER, USING THE WEBSITE EXPRESSLY DEMONSTRATES TO BE AT LEAST 18 YEARS OLD, IN ACCORDANCE WITH THE LAWS OF EUROPEAN UNION AND OF THE STATE OF FINLAND. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ZCART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
6.2 Limitation of Liability
WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: USE OF, OR INABILITY TO USE, OUR SITE; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
IN PARTICULAR, WE WILL NOT BE LIABLE FOR: LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION 6 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
7. GOVERNING LAW
The Terms shall be governed by and interpreted in accordance with the laws of the State of Finland and the community laws provided by the European Union, without regard to conflict of law principles.
8. MERCHANT / CUSTOMER DIRECT TERMS
8.1 Merchant direct terms
Using Aphrodite, any potential merchant which wants to merchandize his products and items through the domain Aphrodite.fi expressly demonstrates to have read and accepted the following set of clauses, in accordance with the laws of Finland and UE:
· Any enlisted item must be compliant with the product standards and certifications of UE. In particular, we will not be responsible for any defective or not certificated item enlisted in Aphrodite. In this sense, we will not be responsible for any potential damage, issue or injury occurred during the use of these goods.
· Potential delivery delays to the end customer due to the lack of availability of goods by the merchant will be solely the responsibility of the merchant, not of Aphrodite.
· Enlisting a specific good, the merchant expressly demonstrates to be the legal owner of potential trademarks on the item. In this sense, selling a specific good, the merchant declares to have the full rights of sale on that item.
· In the event of any direct or consequential damage incurred by the customer during the use of the goods sold by the merchant, Aphrodite shall not be liable directly.
· Additionally, the merchant, to have the opportunity of selling goods through Aphrodite, will have to pay a monthly fee, as stated at https://aphrodite.fi/selling. In particular, Aphrodite has three distinct plans, as shown here https://aphrodite.fi/selling#pricing.
8.2 Customer direct terms
Using Aphrodite, any potential customer expressly declares to have carefully read and understood the following clauses:
· Any customer, using and purchasing items through our website, expressly declares, in accordance with the laws of Finland, to be at least 18 years old of age.
· The customer will be exclusively responsible for the usage of any purchased item. In this sense, Aphrodite will not be liable for any potential damages or issues occurred during the usage of purchased goods.
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Aphrodite (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
In the Terms, unless the context requires otherwise: (i) ”herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) ”or” connotes any combination of all or any of the items listed, and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”
9.6 Contact Us
If you have any questions or concerns, please contact Aphrodite at [email protected].