Terms & Conditions
ValueMiner Terms and Conditions of Service
ValueMiner GmbH (“ValueMiner”) provides ValueMiner.eu and its related services (“Service”) and/or any other related Services designed and distributed by us subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully as any use of this Service(s) and/or any other related Services designed and distributed by us as a customer and/or user constitutes an Agreement, without acceptance, to be bound thereby. By using this Service(s) and/or any other related Services designed and distributed by us you represent that you have read and understand the Terms of Service and that you agree to be bound by these Terms of Service.
ValueMiner GmbH reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.valueminer.eu
Violation of any part of the Terms of Service will result in termination of your account.
Customer Accounts – User Accounts
Modifications and Changes to the Service and Pricing
The price for the Service(s) featured on the Web site and/or any other related Services designed and distributed by us is subject to change without notice and at our sole discretion.
We reserve the right at any time to modify or discontinue any Service(s) (or any part or content thereof) without notice at any time.
If you do not agree with a modification to the Terms of Service, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the Terms of Service of the Terms of Service prior to modification for the remainder of your current term. Upon renewal, the Terms of Service published by us on our website will apply.
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Accuracy, Completeness and Timeliness of Information
Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
Errors in Services
We do not guarantee that any errors in the Service(s) will be corrected.
Access to Services
Though we try to make the Service(s) available 24 hours a day, 7 days a week, except for planned down-time for maintenance, we do not guarantee that the Service(s) you subscribe to will be available at all times.
We do not guarantee that your computer, tablet, and/or smartphone will be able to access and/or support the Service(s) to which you subscribe.
Right of Refusal, Limitation, and Discontinuation
We reserve the right to refuse to provide a Service to any user and/or customer for any reason at any time at our sole discretion. We may, in our sole discretion, limit or cancel Service(s) purchased per user or per customer. In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the user account was created.
We reserve the right to limit the available quantities of any Service(s) to which you subscribe for any reason at any time at our sole discretion.
We reserve the right to discontinue any Service(s) to which you subscribe and/or any other related products designed, distributed and/or sold by us for any reason at any time at our sole discretion.
Any offer for any Service(s) featured on the Web site and/or any other related Service(s) designed, distributed and/or sold by us made on this site is void where prohibited.
Fees and Payment Information
The fee for the Service(s) to which you subscribe will remain fixed during the subscription period as set forth in the Customer Agreement unless you change products or base packages, or subscribe to additional features or products. Where a price change applies to you, you will be contacted by customer Service to discuss a change in fees and billing responsibilities.
All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Service(s). You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state.
Customer Responsibility for Accurate Billing Information
You agree to provide current, complete and accurate billing and account information for all subscriptions. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you decide to sign up to use our Service(s) you will be billed for the plan you chose. There are absolutely no refunds or credits for partial months of Service, upgrades or downgrades, or for months unused with an open account.
The standard subscription period is set for 12 months starting from the individual date of booking. Customers wishing to cancel their subscriptions for Services may do so at any time by writing to us at info @ valueminer.eu. Customers will remain liable for all charges accrued up to the time of their cancellation, including full charges for their subscription period. There are absolutely no refunds or credits for partial months of Service, upgrades or downgrades, or for months unused with an open account.
Thirty days (30) prior to the end of the subscription period, customers must provide written notification to us at firstname.lastname@example.org should they wish to terminate their subscription for Service(s) at the end of the subscription period. You agree that if you do not provide this written notification at least thirty (30) days prior to the end of the subscription period you will continue to be charged your normal Service fee.
Cancellations may take up to thirty (30) days to process.
Support is not included in your regular subscription fee.
We provide free of charge support via webform support and email questions to email@example.com. Webform and email responses are provided during regular business hours.
We attempt to respond to all requests for customer Service; in practice, our responses are promptly without promising or guaranteeing any specific response time.
We may provide consulting Services to you pursuant to a statement of work. Fees for these consulting Services are in addition to the fees for the Service(s) to which you subscribe and may be billed separately.
For consulting Services performed on-site, you will reimburse us our reasonable cost for all expenses incurred in connection with the consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of receipt of the invoice.
Hours purchased as part of a consulting package are nonrefundable and expire as set forth in the state of work, but in any case no later than one hundred and eighty (180) days from the date of purchase.
For the purposes hereof, Confidential Information shall mean all nonpublic, personal or proprietary information of a User or Customer that is provided to us through the Services or Web site. Each party agrees not to disclose and will protect the other’s Confidential Information disclosed in connection herewith from unauthorized dissemination and use with the same degree of care that such party uses to protect its own like information, but in no event using less than a reasonable degree of care to protect such information. Neither party will use the other’s Confidential Information for purposes other than those necessary to directly meet the purposes of the Agreement.
Intellectual Property Rights
This is an Agreement for access to and use of the Service(s) to which you subscribe. Our Subscription Service and Consulting Services are protected by intellectual property laws. The Service(s) to which you subscribe and consulting Services belong to and are the property of us or our licensors (if any). We keep all ownership rights in the Service(s) to which you subscribe.
Furthermore, all material (“Materials”) displayed or transmitted on this Web site and the Service(s) to which you subscribe, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by international copyright, trademarks, Service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on this site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Web site for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site without our written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to firstname.lastname@example.org.
You acquire no rights or licenses whatsoever in the Materials other than the limited right to use the site in accordance with these Terms of Service. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Service of use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Service of use.
Transmittal of Sensitive Information
You understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Certain content, products and Services available via our Web site may include materials from third-parties.
Third-party links on this site may direct you to third-party Web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party Web sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
No Unlawful or Prohibited Use
You may not use any materials contained herein for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You may not use this Web site or its contents in any manner that could damage, disparage, or otherwise negatively impact us; this includes prohibited use by any competitors to us which may include download of whitepapers, products, or content for competitive purposes. Further, you may not use this Web site or its contents to damage, disable, or otherwise negatively impact any of our server(s) or the networks connected to any of our server(s), or interfere with any other party’s use of this Web site or its associated materials.
You may not hack, password mine, or otherwise use malicious techniques to gain unauthorized entry to any Services, accounts, computer systems, or networks connected to any of our server(s).
Disclaimer of Warranty; Limitation of Liability
- ANY PRODUCT OR SERVICE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE AND PRODUCT.
- YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S) IS AT YOUR SOLE RISK. NEITHER US OR ANY RELATED SUBSIDIARY, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE USERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE USE OF THE WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S), OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.
- ANY DOWNLOADABLE SOFTWARE, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
- ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S) IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S). BY USING THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S) OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S) YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S). WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S).
- IN NO EVENT WILL US, OUR SUBSIDIARIES, OTHER AFFILIATES OR ANY OF THEIR RESPECTIVE USERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE OR THE PRODUCT DESCRIPTIONS AND OTHER MATERIAL, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S).
- WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S), YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE AND/OR SERVICE(S) AND/OR CONSULTING SERVICE(S).
- WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
INDEMNIFICATION AND DEFENSE
You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and their respective directors, officers, users and agents, from and against all claims, suits, and expenses, including attorneys’ fees, arising out of or related to the
(a) unauthorized or illegal use of the Subscription Service by you;
(b) your noncompliance with or breach of this Agreement,
(c) your use of third-party products, links, advertisements, and/or tools, or
(d) the unauthorized use of the Service(s) by any other person using your customer or user information.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Relationship of the Parties
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
If any part of this Agreement or a Statement of Work or Customer Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.
Innere Wiener Str. 11
81667 München, Germany
Your address as provided in your account information.
We may give electronic notices by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law.
No Third Party Beneficiaries
Nothing in this Agreement, expressed or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Contract for Services
This Agreement is a contract for the provision of Services and not a contract for the sale of goods. The United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
This Agreement will be governed and construed in accordance with the laws of Germany, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Munich, Germany, and any cause of action, which arise from use of this Web site or from interpretation of these Terms of Service must be filed in the courts located in Munich, Germany. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
This constitutes the entire Agreement between the parties concerning the Terms of Service of use of this Web site.