Terms and conditions

Last updated: June 2023

Please read these General Terms and Conditions carefully before using our service.

Interpretation and definitions

Interpretation

The words whose initial letters are capitalized have the meaning defined under the following conditions. The following definitions have the same meaning regardless of whether they are singular or plural.

Definitions

For the purposes of these Terms:

• Application: the software program provided by the company, which you download to any electronic device called PickSpot.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) to which the Application has been downloaded.
• Affiliated company means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50 % or more of the shares, equity interests or other securities entitled to vote for directors or other officers.
• Country refers to: Hesse, Germany
• The company (referred to in this contract either as "the company", "we", "us" or "our") refers to PickSpot UG (haftungsbeschränkt), Rüdesheimer Str. 22, 65197 Wiesbaden.
• Device means any device that can access the Service, such as a computer, cell phone or digital tablet.
• Service refers to the application.
• General Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, which constitute the entire agreement between you and the Company regarding the use of the Service. This Terms and Conditions Agreement has been created using the Terms and Conditions Generator.
• Social media service third party means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Service.
• You means the person accessing or using the Service or the company or other legal entity on whose behalf such person is accessing or using the Service, as the case may be.

Acknowledgement

These are the terms and conditions that govern the use of this Service and the agreement between you and the Company. These Terms and Conditions set out the rights and obligations of all users in relation to the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the Service.

You warrant that you are over 16 years of age. The Company does not permit persons under the age of 16 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services you visit.

Termination

We may terminate or suspend your access immediately and without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

In the event of termination, your right to use the service expires immediately.

Limitation of liability

Notwithstanding any damages you may incur, the entire liability of the Company and its suppliers under these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the Service, third party software and/or third party hardware used with the Service or otherwise in connection with or related in any way to any provision of these Terms), even if the Company or a Supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such states, the liability of each party shall be limited to the extent permitted by law.

" AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permissible pursuant to applicable law, the Company, on behalf of itself and its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranty or representation that the Service will meet your requirements, achieve the intended results, be compatible or interoperate with other software, applications, systems or services, operate without interruption, meet performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service or the information, content and materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, the content or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation of applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set out in this section will be applied to the maximum extent enforceable under applicable law.

Applicable law

These Terms and your use of the Service are governed by the laws of the country, excluding its conflict of law rules. Your use of the Application may also be subject to other local, state, national or international laws.

Settlement of disputes

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

For users from the European Union (EU)

If you are a consumer from the European Union, you are subject to the mandatory provisions of the law of the country in which you are resident.

Compliance with the laws of the United States

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and (ii) you are not on any United States Government list of prohibited or restricted parties.

Severability clause and waiver

Separability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and construed so as to accomplish the objectives of such provision to the maximum extent possible under applicable law, and the remaining provisions shall remain in full force and effect.

Waiver

Except as otherwise provided herein, the failure to exercise any right or require performance of any obligation under these Terms shall not affect the ability of any party to exercise such right or require such performance at a later time, nor shall the waiver of any breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that in the event of a dispute, the original English text shall prevail.

Changes to these terms and conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a change is material, we will make reasonable efforts to notify you at least 30 days before the new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after these changes become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please discontinue use of the Website and the Service.
Get in touch with us

If you have any questions about these terms and conditions, you can contact us at: info@pickspot.de