Terms of Service


Last Modified: May 20, 2020

1. Acceptance of Terms

These Terms and Conditions constitute a legally binding agreement made between you, ("You”, “Your,” or “User”) and Igemon GmbH (hereinafter the “Company” "We," "Us" or "Our"), concerning your access to and use of www.igemon.com (hereinafter referred to as the “Website” or "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by these Terms and Conditions as well as our Privacy Policy which is included herein by reference. The Terms and Conditions and Privacy Policy are collectively referred to as “Agreement” or “Terms”.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THE TERMS.

2. Key Terms

For the purposes of this agreement, the following terms shall hold the meaning as defined below:

“Product/s” - refers to Igemon Watches that are offered by the Company through the www.igemon.com.

“Customer/s” - refers to Users who place an order (by making full payment) to purchase a product through the www.igemon.com.

3. Modifications

We may modify and amend these Terms at any time without providing any prior notice. By using this Website you are agreeing to be bound by the then current version of these Terms. We advise that you should frequently check the Terms to familiarise yourself with any changes to these Terms. You hereby release the Company from any liability arising from your failure to review such modified Terms.

4. Eligibility

The Site is intended for users who are at least 18 years of age or older. If you are under the age of 18, we cannot enter into a legally binding agreements with you. Where you enter into this Agreement on behalf of another individual, you represent and warrant to the Company that you have the authority to act on behalf of that person and to bind the former to this Agreement.

IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, WE DO NOT TARGET OUR WEBSITE TO USERS UNDER THE AGE OF THIRTEEN YEARS (“CHILDREN”).

5. Information Disclaimer

ALL INFORMATION/CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE SITE IS ACCURATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.

ALL PRODUCT IMAGES ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY. IF YOU HAVE ANY PRODUCT RELATED QUERIES PLEASE CONTACT US AT [info@igemonwatches.com] BEFORE PLACING YOUR ORDER AND MAKING THE PAYMENT.

6. Intellectual Property

Unless expressly stated otherwise, all content available on the Website including without limitation, the text, graphics, logos, trademarks, audio, video and the like (“Company Content”) are owned by the Company or licensed to us by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions.

All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.

7. Prohibited Activities

The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company.

You agree not to:

- Upload, post, display, copy, republish, reproduce, transmit, or distribute any Company Content in any kind whatsoever;

- Reverse engineer any part of the Site;

- Modify, translate into any written or computer-oriented language, or produce by-product works or translations from any Content or a part of the Site;

- Use any spider, golem or different machine-controlled device or machine-controlled or manual method to repeat, monitor, or keep a info copy of the Content or any portion of the Site;

- Use the Website in any manner that is not the intended by the Company as outlined in this Agreement;

- Transmit any viruses, trojan horses or other code of a destructive nature;

- Copy or store any content offered on the Website for other than your own personal use;

- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

- Reproduce, distribute, display or make available any data, information or part of the Website to any third party without the express written consent of an authorized representative of the Company.

8. Copyright Policy

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by emailing to [info@igemonwatches.com].

9. Disclaimer of Warranties

The Website is provided to you on an “AS IS”, and "AS AVAILABLE" basis without any representations or warranties of any kind, express or implied including but not limited to fitness for a particular purpose and non-infringement.

The Company and its officers neither represent nor warrant that:

(a) the Website will be uninterrupted, error-free or completely secure;

(b) available at any particular time or location;

(c) any defects or errors will be corrected;

(d) any content available at or through the Website is free of harmful components; or

(e) the results of using Website or information provided therein will meet your requirements.

THE COMPANY WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF THE WEBSITE.

The Company reserves the right to withdraw in part or whole the Website from public access at any time for any reason.

10. Limitation of Liability

Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law.

Notwithstanding the foregoing, the Company, its directors, officers, employees, shareholders and agents shall not be liable for any loss of profits, loss of data, loss of opportunity, costs incurred in procurement of substitute services or indirect, incidental, special or consequential damages, arising from our related to your use of the Website or failure to use the Website. This limitation of liability shall apply to the fullest extent permitted by applicable law. In the event the Company is found to be liable, such liability shall be limited to a maximum amount of fifty USD.

PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR WEBSITE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR USER BEHAVIOUR.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE WEBSITE AND OUR SERVICES IN LOCATIONS OTHER THAN THOSE LISTED ON OUR WEBSITE.

11. Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) Your use or inability to use the Services offered by the Company,

(ii) violation of these Terms by you,

(iii) violation of any applicable law by you

The Company reserves the right, at its own expense to assume exclusive defence of any matter otherwise subject to indemnification.

12. Governing Law

This agreement shall be governed and construed by the laws of Greece, without regard to the conflict of law principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the Agreement. Any disputes hereunder shall be brought and resolved solely and exclusively in, and the parties hereby irrevocably consent to the exclusive jurisdiction and proper venue of, Athens, Greece and waive any objections thereto based on any ground, including improper venue or Forum Non-Conveniens. The parties hereby irrevocably agree that a final judgment of any of the courts specified above in any action or proceeding relating to the Agreement shall be conclusive and may be enforced in other jurisdictions by Claim on the judgment or in any other manner provided by law.

13. Miscellaneous

Entire Agreement

This Agreement and any future amendments to this Agreement constitute the entire understanding between you and the Company with respect to the subject matter thereof. Unless expressly stated otherwise, this Agreement supersedes all prior Agreements between you and the Company.

Waiver

Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.

Assignment

The Company may assign any of its responsibilities/obligations to any other person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under this Agreement to any other party without express written consent of the Company.

Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

Force Majeure

Neither the Company nor the Client will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.