Terms of Service
Welcome to our website! Before you dive into using all the amazing features we offer, it’s important that we talk about the Terms of Service. Think of this as the rule book that helps ensure a safe and enjoyable experience for everyone involved. Let’s break it down together, so you know exactly what to expect and how everything operates. Don’t worry, I’ll keep it as simple and friendly as possible!
Interpretation and Definitions
INTERPRETATION
Ever noticed that in some documents, certain words start with capital letters? This isn’t just random; it means these words have specific definitions you’ll find further in the text. It helps clarify exactly what we mean, so there can be no misunderstandings.
DEFINITIONS
Let’s make sure we’re on the same page with some key terms:
- Affiliate: This term refers to an entity that has significant control, is controlled by, or under common control with another entity. Think of it like business besties who hold a major stake in each other’s company.
- Country: It represents Switzerland, where our company is headquartered.
- Company: That’s us, BTK21 Web AG! When we say “the Company ”, “We”, “Us’ ‘, or “Our”, we’re talking about our team here at BTK21 Webb AG based in Baar.
- Device: Whether it’s your smartphone, tablet, or computer, if it connects to our service, it’s considered a device.
- Service: This term covers all the features and functionalities you get to enjoy on our website.
- Website: It’s where you are right now! It can be accessed via foodiesmagic.com.
- You: That’s you! The person reading this, using our services. Whether you’re here on behalf of a company or for yourself, you’re what makes our community great.
Acknowledgment
Please review these Terms and Conditions and the agreement that governs your use of this Service. All users are bound by these Terms and Conditions regarding their use of the Service.
Access to and use of the Service is conditioned on your acceptance and compliance with these Terms and Conditions. Any visitor, user, or other person accessing or using the Service is subject to these Terms and Conditions.
By accessing or using the Service, you agree to these Terms and Conditions. You may not access the Service if you disagree with any part of these Terms and Conditions.
By submitting this form, you represent that you are at least 18 years old. Using the Service is not permitted by the Company if you are under 18.
In addition to accepting the Privacy Policy of the Company, you are required to comply with it in order to access and use the Service. The Privacy Policy explains how we collect, use, and disclose your personal information when You use the Application or the Website and tells you about Your privacy rights and how the law protects you. Before using our service, please read our Privacy Policy carefully.
Links to Other Websites
We may provide links to third-party websites or services that are not owned or controlled by us.
There is no control or responsibility by the Company over the content, privacy policies, or practices of third party web sites or services. In addition, you acknowledge and agree that the Company is not responsible for any damage or loss caused or alleged to be caused by or in connection with any of the content, goods, or services available on or through such web sites or services, either directly or indirectly.
Any third-party web site or service that You visit should have terms and conditions and privacy policies.
Termination
In the event that You breach these Terms and Conditions, we may terminate or suspend Your access immediately without prior notice or liability.
You will immediately lose access to the Service upon termination.
Limitation of Liability
You shall not be liable for any damages that may result from the Company or any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything.
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 whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to 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 any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
As a result, some of the above limitations may not apply in some states due to their prohibition of implied warranties or limitations on liability for incidental or consequential damages. Liability will be limited in these states to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
This Service is provided “AS IS” and “AS AVAILABLE” with all faults and defects without warranty. To the fullest extent allowed by law, the Company, acting for itself and its Affiliates, along with their licensors and service providers, expressly disclaims all warranties concerning the Service. Among them are implied warranties of merchantability, fitness for a specific purpose, title, non-infringement, and any warranties arising from customary business practices, performance history, or usage. As a result, the Company does not provide any warranty or undertaking, nor makes any representation that the Service will meet Your needs, achieve any intended results, be compatible with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, be error free, or that any errors or defects will be corrected.
There are no representations or warranties of any kind, express or implied, made by the Company or any of its suppliers:
(i) as to the operation or availability of the Service, or its information, content, or materials or products;
There will be no interruptions or errors in the Service;
In addition, any information or content provided through the Service is not guaranteed to be accurate, reliable, or current;
In addition, the Service, its servers, and content are free from viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on consumer statutory rights, so some or all of the above exclusions and limitations may not apply to you. In such a case, the exclusions and limitations set forth in this section shall be applied to the maximum extent permissible.
Governing Law
These Terms and Your use of the Service are governed by the laws of the Country, excluding its conflict of law rules. Additionally, you may be subject to local, state, national, or international laws when using the Application.
Disputes Resolution
Please contact the Company first if you have any concern or dispute about the Service.
For European Union (EU) Users
Consumers in the European Union will benefit from any mandatory provisions of the law of the country in which they reside.
United States Legal Compliance
It is your representation and warranty that (i) You are not located in a country that is subject to the United States government embargo, or one that has been designated by the United States government as one that is supporting terrorism, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted so that it achieves its objectives to the greatest extent possible under applicable law, and the remaining provisions will remain in full force and effect.
WAIVER
Failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or to require performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach except as provided herein.
Translation and Interpretation
If We have made these Terms and Conditions available to You on our Service, they may have been translated.
In case of a dispute, the original English text shall prevail.
Changes to These Terms and Conditions
At Our sole discretion, we may modify or replace these Terms at any time. In the event of a material revision, we will attempt to notify you at least 30 days before the new terms take effect. As to what constitutes a material change, we will decide at our sole discretion.
If you continue to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. You should stop using the website and the Service if you do not agree with the new terms, in whole or in part.