General Terms and Conditions
Welcome to the website of Likewize Services UK Ltd (“Likewize” or “we“), which is owned and operated by us (the “Site” or “Website”). All use of this Site, its content and the services provided through this Site (“Services“) is subject to these Terms of Use (“Terms“). These Terms apply to all users of this Website (“Users” or “You“). Likewize may own or operate other websites that are governed by different Terms of Use. By using this website, you agree to be bound by the terms of our then-current Terms of Service, as posted here in the then-current version.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. We recommend that you print or otherwise make a copy of the Terms for your records. Likewize reserves the right to modify, suspend, terminate or restrict the use of any portion of this website at any time without prior notice. In the event of material changes to these terms and conditions, a notice will be posted on this website. By continuing to use the website, you agree to be bound by any such changes. The current version of the Terms will normally be available via a link at the bottom of the home page of this Website. Please click on the link below to go directly to the section of your choice.
CERTAIN DEFINITIONS
(a) “Affiliate” of a Person includes any other Person that directly or indirectly controls the first Person or that is directly or indirectly under common control with another Person through the first Person. For purposes of this definition, “control,” when used with respect to such other Person, means the power, directly or indirectly, to direct the management and policies of such other Person, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlling” and “controlled” shall have the meanings set forth in the foregoing.
(b) “Authorised Representative” means any director, officer, employee, agent or other representative of Likewize or an affiliate of Likewize.
(c) “Content” means documentation, trademarks, images, diagrams, charts, graphics, designs, photographs, audio and video clips, software and HTML, XML and similar code.
(d) “Documentation” means, to the extent issued by Likewize, all instructions, frequently asked questions, help files and other information provided via links on this Website or via a helpdesk for the operation and administration of this Website.
(e) “Trademarks” means trademarks, service marks, logos, corporate identifiers, names and titles of Likewize or companies affiliated with Likewize.
(f) “Person” means an individual, partnership, limited liability company, corporation, trust, estate, association or other legal or beneficial entity.
DESCRIPTION OF THE LOCATION
This website provides users of the website with information about the products and services offered by Likewize and its affiliated companies. The website may also contain links to third party websites that may be of interest to users. For example, Gottagoblue.com supports a variety of product lines. Additional product lines and services may be added; please note that not all product lines and services may be available at all times. The linked websites are not under our control, and we are therefore not responsible for their content. The inclusion of a link on this website does not imply that we endorse the linked websites or adopt their content as our own.
GENERAL AND MANAGEMENT OF THE USE OF THE WEBSITE
(a) You acknowledge and agree that this Website may only be used in accordance with these Terms, as may be amended from time to time. You agree to use the Website only in accordance with all applicable legal requirements.
(b) This website and all related computer systems, processes and databases created, operated, maintained or accessed by us and our affiliates in connection with the provision of our services contain proprietary and confidential information of substantial commercial value to us and our affiliates. Any unauthorised use, misuse or disclosure of such information is strictly prohibited and may result in civil and criminal penalties under applicable law.
(c) Although Likewize endeavours to provide you with accurate, complete and up-to-date information, Likewize cannot guarantee the correctness, accuracy, completeness and timeliness of all information provided via the Website. You are responsible for the accuracy of the data you enter for transactions and for verifying the information you receive. Likewize shall not be liable for any direct, indirect, incidental or consequential damages arising out of your access to or use of this website. See the “Disclaimer” section for more details.
(d) You represent and warrant to us that (I) you are authorised to accept and be bound by these Terms and are authorised to enter into any transaction you wish to enter into; (ii) you are at least 18 years of age or, if you are under 18 years of age, you are using this Website with the cooperation and consent of your parent or legal guardian; and (iii) you are using this Website within the Republic of Austria.
(e) If we have received what appears to be proper identification that you have entered in the Documentation or elsewhere on this Site, we are authorised to provide products and services and release content in accordance with a transaction request received by us without further inquiry. We are under no obligation or responsibility to verify any identification you appear to have properly provided. Notwithstanding the foregoing, we may request additional evidence to verify your identification by requesting additional documentation prior to completing a Transaction as we, in our sole discretion, deem appropriate or necessary, and we shall not be liable for any losses due to delays resulting from such additional requests. You acknowledge and agree that we may exercise our discretion more quickly in certain cases, for example, as part of our obligations under applicable anti-money laundering or similar laws, regulations or guidelines.
(f) If you discover that you have obtained access to information on this website to which you are not authorised, you undertake to terminate this access immediately and inform us.
(g) By requesting information through this website, you consent to the transmission of the requested information (which may include mobile phone unique identifier information) through this website and assume all risks associated with such transmission to the extent permitted by law i.e. the risk associated with any public transmission of your name, address, telephone number and IMEI (International Mobile Equipment Identity) data.
RELATIONSHIP TO OTHER AGREEMENTS OR DISCLOSURES
Our contractual relationship is governed by agreements in addition to these Terms and Conditions, e.g. an order form or a purchase agreement. If there is a conflict between any provision of these Terms and a provision of a more specific agreement(s) relating to the same matter, then the provisions of the specific agreement(s) shall prevail (this applies only to the conflicting provisions).
ANNOUNCEMENTS, NOTIFICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree to receive communications from us electronically. You further acknowledge and agree that any agreements, notices, disclosures and other communications that we provide to you electronically will be sufficient to form a contract between you and us. You agree to be bound by any statements, acknowledgements, consents or agreements that you submit to us electronically through this Site and you agree that you will receive all communications from us solely by electronic means. You agree and acknowledge that if you click an “I Agree” button or similar input box with your mouse, keyboard or other device in the future, your declaration will be legally binding and enforceable.
RESTRICTIONS ON USE
You may not do any of the following, or allow any other person under your supervision or control to do any of the following, without our prior written authorisation:
DISCLAIMERS
Content of the website – Disclaimer
The materials on this website and all materials provided on or through Likewize are provided “as is” and without warranties of any kind, either express or implied, by Likewize. To the fullest extent permissible pursuant to applicable law, Likewize disclaims all warranties, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Neither Likewize nor any company affiliated with Likewize or any authorised representative of Likewize warrants or makes any representations regarding the usefulness of the content provided on this Site or the results to be obtained from the content in terms of its completeness, accuracy, reliability, timeliness, or other characteristics. The materials on this Site may contain technical inaccuracies or typographical errors.
Certain links on the Site may connect the user to other sites on the World Wide Web. The linked sites are not under the control of Likewize or any affiliate or authorised representative of Likewize, and none of these persons are responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
The Website contains information about products and services that may or may not be available in a particular country. It is possible that the products and services have only been approved or released for the market in certain countries by a government regulatory authority. Nothing on the website should be construed as a solicitation or advertisement for any product that is not authorised under the laws and regulations of the country in which the reader is located. The sale of products and services in individual countries is always subject to availability.
Operation of the website – Disclaimer
With respect to the operation of the Site, Likewize expressly disclaims all warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Likewize makes no warranty that (i) the operation of the Site will meet the user’s requirements or expectations; (ii) access to the Site will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of errors or malfunctions; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) any errors or defects will be corrected.
Limitation of liability:
Neither Likewize nor any company affiliated with Likewize or any authorised representative of Likewize shall be liable to users or third parties in tort, contract or otherwise (and, to the extent permitted by law, for product liability), except in cases of wilful misconduct or gross negligence.
In no event shall Likewize or any affiliate or authorised representative of Likewize be liable to any User or any third party for any special, incidental, consequential, exemplary or punitive damages (including damages for loss of profits, loss of revenue or other intangible damages) arising out of the use of or inability to use the service, whether in contract or tort, or arising out of or in connection with the use of the information provided by Likewize.
Neither Likewize nor any company affiliated with Likewize or any authorised representative of Likewize shall be liable to any user or third party, even if any of these persons have been advised by them of the possibility of such damages occurring.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.
DEPRIVATION
You shall indemnify and hold harmless Likewize and any affiliates or authorised representatives of Likewize from and against any claims, demands, losses, costs or expenses, including reasonable attorneys’ fees and costs, made by any third party for breach of these Terms or third party rights; the obligation to indemnify and hold harmless also includes claims for infringement of intellectual property rights of Likewize or third parties and infringement of privacy or personal rights of third parties. Likewize may, at its own expense, participate in any proceedings involving claims for damages against the User. The User undertakes not to settle such proceedings in a manner contrary to Likewize’s rights without Likewize’s written consent; Likewize may not refuse to grant such consent without good reason.
PRIVACY AND SECURITY
For information on how we process and protect the personal information of users submitted to this website, please click on this link www.trade-in.magenta.at to the Privacy Notice. If you believe that the security of this website has been breached or your information has been used on this website without your consent, please call us immediately at (305) 421-6000.
INTELLECTUAL PROPERTY
All content included on this site, including trademarks (registered and unregistered), text, graphics, logos is the property of Likewize, unless otherwise noted You are permitted to display, copy, distribute, download and print portions of the content for your non-commercial personal use and for the purpose of doing business with Likewize, provided that you comply with the terms and conditions set forth in this section. This permission automatically terminates upon any breach of these terms.
(a) General. You acknowledge and agree that all intellectual property rights associated with this Website, whether existing or arising in the future, including in relation to any names or trademarks that we may develop for or use in connection with this Website, are and shall remain our property or that of any other owner and nothing in these Terms shall entitle you or any other user to any rights in such intellectual property.
(b) Content. The following restrictions apply to the content:
(i) You acknowledge and agree that the content of the Site is our property or the property of our licensors (as applicable) and is protected by U.S. and international intellectual property laws.
(ii) Subject to these Terms and except as otherwise expressly provided herein or on this Site, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, disseminate, perform, sell, rent, print or create derivative works from or otherwise use the Content (or any portion thereof) without our prior written permission. The preceding sentence prohibits you from, among other things, posting content to forums, list serves, newsgroups, mailing lists and electronic bulletin boards without our prior written consent.
(iii) To the extent authorised by us, you are entitled to use and download the materials made available on the Website for your own use. You are not authorised to use, distribute, modify, transmit or publish any content obtained through the use of the Website or its features for public or commercial purposes without our express written consent. In particular, you are not authorised to resell access to such materials or to redistribute or facilitate the redistribution of such materials for the purpose of selling them to others. You are not authorised to delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.
(c) Trademarks. Nothing in these Terms or on this Website should be construed as granting any licence or right to use any Trademarks displayed on this Website. Any unauthorised use of the Trademarks or other content is strictly prohibited. You agree that the Marks will not be used in connection with any product or service that is not ours or our affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us or our affiliates.
(d) Information submitted by the User. The User grants Likewize an irrevocable licence, free of charge, to all materials, information and ideas that the User transmits to Likewize, which is unlimited in terms of time, place and content. The licence is granted on a non-confidential basis and does not include any intellectual property rights of the user. Likewize assumes no obligations with respect to such transmissions and may reproduce, distribute, disclose and transfer such transmissions to others in a manner that does not reveal the identity of the User.
CHANGES, SUSPENSIONS AND CANCELLATIONS
Any right granted to you in these Terms will terminate immediately in the event of your breach. This website may be temporarily unavailable, for which we cannot be held responsible. We also reserve the right to
JURISDICTION AND APPLICABLE LAW
Unless otherwise indicated, we control and operate this website from our offices in the United States of America. The products and services described on this website and the information provided through this website are not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us, our affiliates or authorised agents in any such jurisdiction to obligations that we are not prepared to accept. Persons who access this website do so on their own responsibility and are responsible for compliance with applicable local laws and regulations.
The Terms and all disputes that may arise between a user of the Site and Likewize, its affiliated companies and authorised representatives of Likewize from or in connection with the use of the Site shall be governed by Austrian law to the exclusion of the rules of private international law. All disputes arising out of or in connection with the use of the Site shall be subject to the jurisdiction of the competent court in Austria.
MISCELLANEOUS
(a) The individual provisions of these General Terms and Conditions shall each apply separately. If a court or competent authority decides that any of the clauses are unlawful or unenforceable, the remaining clauses shall remain in full force and effect.
(b) The headings of the provisions of this Agreement are descriptive only and do not modify or limit the rights or obligations set forth in such provisions.
If you have any questions about these terms or the practices of this site, you can contact us at the following address: magentaAT.tradein@likewize.com
