1.1Welcome to Trepup’s website and mobile application (the “Platform”), which is operated by Trepup.com AG and/or its affiliates (“Trepup, we, us, our”). Trepup provides you with website features and other services when you visit the Platform, use Trepup services, or subscribe to software provided by Trepup in connection with any of the foregoing (collectively, “Trepup Services”).
1.2For the purpose of these Terms of Use (“Terms of Use”), “you”, “your” or “User” means any person who accesses or uses the Platform and Trepup Services.
1.3
These Terms of Use should be read in conjunction and together with the Policies. For the purposes of these Terms of Use, all capitalized terms, not otherwise defined herein, shall have the meaning ascribed to them as set forth in the Trepup Glossary.
1.4
All references in these Terms of Use to the singular shall include the plural (and vice versa) where applicable, and any gender form shall include all others.
1.5
The Platform helps Users communicate online by subscribing to Trepup Services, including customer engagement tools, technology or infrastructure as a service from Trepup, and connects Users by allowing them to interact in various ways by listing and learning about products (“Products”) offered by other Users.
1.6
Trepup Services include:
(a)Trepup marketplace, to discover and buy Products, get personalized recommendations and preview exclusive launches (“Trepup Marketplace”);
(b)Trepup store, to create an online store, add products, process orders and update store data (“Trepup Store”); and
(c)Trepup email, to send marketing emails, help manage communication and interact with followers, customers or other Users (“Trepup Email”).
1.7
All transactions for Products offered by Users are concluded directly between the Users, outside the Platform. Trepup only facilitates listing and viewing of Products offered by Users and connects Users.
1.8
By accessing or using the Platform, you agree to be bound by these Terms of Use and our other policies made available on the Platform, including but not limited to the Privacy Policy and other policies (collectively, “Policies”). Please read these Terms of Use and Policies before accessing or using the Platform and Trepup Services. If you do not agree to these Terms of Use or any of the Policies, then do not use or access the Platform.
1.9
By accepting these Terms of Use, you confirm to have the capacity to enter into a legally binding contract as per applicable law in your jurisdiction, including but not limited to, the Swiss Civil Code, the Swiss Code of Obligations and the Swiss Federal Data Protection Act.
1.10
The Platform and Trepup Services are designed to be compliant with the laws of Switzerland. If you access Trepup Services from locations outside Switzerland, you are solely liable for compliance with applicable local laws.
1.11
We reserve the right to amend these Terms of Use and the Policies at our sole discretion without any prior notice. Your continued use of the Platform and Trepup Services following any such amendment indicates your acceptance of such amendment.
1.12
If we believe that you are in violation of any of the Policies or that your use conflicts with applicable laws, adversely impacts our reputation, or might subject us to unfavorable legal or regulatory action in any way, we may limit your buying and selling privileges, restrict product listings and account features, suspend your account, report your actions to the relevant authorities or take such other actions as we may find suitable. You will also be liable to indemnify us for any consequences arising from your use. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.
1.13
If there is any conflict or inconsistency between these Terms of Use and any of the Policies on the Platform, the Policies take precedence over these Terms of Use only in relation to the Trepup Services in question.
1.14
You may delete your user account and discontinue your use of the Platform and Trepup Services at any time in accordance with these Terms of Use. Similarly, we will have the right to withdraw the Platform and Trepup Services, in whole or in part, at any time without assigning any reason whatsoever.
2.
User Account and license to use
2.1To use the Platform and Trepup Services, you are required to create a Trepup account (“User Account”) by completing the sign-up process. A User Account will enable you to subscribe to and use Trepup Services.
2.2When you create a User Account, a User Standard Identification Number (USIN) is assigned by Trepup to identify you on the Platform and Trepup Services. USIN is a unique block of 13 letters and/or numbers that identify Users. You can find your USIN on your profile on Trepup alongside details about yourself, such as your interests, photos, videos, current city and hometown.
2.3You may create a User Account only if you are at least 18 years old when you create an account. Trepup does not sell Products for purchase by children. If you are under 18, you may use Trepup Services only with the involvement of a parent or guardian. If you use the Platform and do not meet the above criteria, we will not be liable in any way, either to you or your parents/guardians for any of your acts or omissions.
2.4If you are creating a User Account on behalf of your organization, you warrant and confirm that you are duly authorized to create such User Account, subscribe to and use Trepup Services on behalf of your organization and have the authority to bind your organization under these Terms of Use and the Policies.
2.5Except with our approval, one User may register only one User Account on the Platform. We may cancel or terminate your User Account if we have reasons to suspect that you have concurrently registered or are in control of two or more User Accounts. Further, we have the right to reject your application for registration for any reason.
2.6You shall be solely responsible for the confidentiality of your login credentials to the Platform including your username and password. Each USIN is unique to each User Account. You will take all possible care to prevent unauthorized disclosure to, and access by, any person of your login credentials. In any event, we are not liable or responsible for any unauthorized access to your User Account. You will immediately notify us of any unauthorized use of your User Account or any other breach of these Terms of Use, the Policies or security known to you.
2.7We shall be entitled to presume that any person who logs in with your login credentials is you. You will therefore be responsible for any actions taken using your login credentials.
2.8We may cancel User Accounts that have been inactive for a long time, exhibit suspicious behavior or are otherwise unconfirmed.
2.9Subject to your compliance with these Terms of Use and the Policies, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Platform and Trepup Services that you subscribe to.
3.
Sellers and listing conditions
3.1
If you wish to list Products on the Platform, you will be required to comply with all Policies relevant or applicable to Trepup Store including the Product Listing Policy.
3.2
You represent and undertake that you have the right and authority to list the Products using your User Account, and such product listing or offer does not violate any third-party rights (including intellectual property and privacy rights) and that you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization, or any international or domestic governmental authority.
3.3
As a User on the Platform, you may subscribe to and use Trepup Services. Use of Trepup Services and any other services offered by Trepup in the future is subject to all applicable Policies.
4.
Buyers and purchase conditions
4.1
You may purchase or otherwise use any Trepup Services validly listed on the Platform subject to your compliance with all Policies relevant or applicable to buyers.
4.2
You acknowledge and confirm with respect to Products listed by other Users that your interactions with Users who list Products and any transactions subsequent to such interactions will be governed solely by the terms and conditions agreed upon by you and the relevant User. Trepup only permits the listing of Products by Users on the Trepup Marketplace and is not liable for any purchase or transactions off-Platform.
5.1
You may be permitted to publish content in relation to your Products on Trepup Marketplace. All such product listings can only be made in accordance with all relevant and applicable Policies, including the Content Policy and Community Guidelines.
5.2
When you list a product on Trepup Marketplace, a Trepup Standard Identification Number (TSIN) is assigned by Trepup to identify your product listing on the Platform and Trepup Services. TSIN is a unique identifier of 13 letters and/or numbers and primarily used for product identification within the Trepup product catalog. You can find your TSIN on your store dashboard alongside further details about each of the items you sell on Trepup, such as the information you entered when you listed your product including its title, images, description and price.
5.3
We neither represent nor are responsible to ensure that product listings are true, complete, correct or accurate.
6.
Trepup Store
6.1
You may be permitted to set up a store on the Platform and sell your products. Details on your store will be governed by the Trepup Store Policy.
6.2
When you create a Trepup Store, a Store Standard Identification Number (SSIN) is assigned by Trepup to identify your store on the Platform and Trepup Services. SSIN is a unique block of 19 letters and/or numbers that identifies a store. You can find the SSIN for your store on Trepup alongside information about your store, such as your description, which details what your store is both to people and search engines.
6.3
You agree that Trepup does not validate information made available by a User on their store and is not responsible or liable for the contents thereof. You are expected to use your independent judgment while placing reliance on or acting in accordance with the details of a store. Refer to the Trepup Store Policy before you act on any information provided on a store.
7.1
You are liable for fees arising out of your subscription to Trepup Services or purchase of Products.
7.2
As a User on the Platform, you are liable to pay the list price of Trepup Services purchased or used by you on the Platform in accordance with the Payments Policy. You are also responsible for paying the price and taxes directly to a seller in accordance with your agreement with such seller off-Platform.
7.3
You are responsible for the payment of the fees and applicable taxes associated with the Platform by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us as per the terms and conditions provided under the Payments Policy.
7.4
In any jurisdiction where Trepup has an obligation to collect any taxes on sales you make using the Platform, we may collect such taxes from you using the payment method on file or deduct such payments against any amounts owed by you to us.
8.
User’s responsibilities
8.1
The Platform and Trepup Services are to be used only for their intended purpose in a bona fide manner, and are not to be misused in any manner, including fraudulent transactions, impersonation or any such illegal activity.
8.2
You represent, warrant and agree that the content that you submit, upload, post, share or display (“User Content”) on the Platform shall:
(a)Be true, accurate, complete and lawful;
(b)Not be false, misleading or deceptive;
(c)Not contain information that is grossly harmful, defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, blasphemous, sexually explicit, pornographic, pedophilic, invasive to another’s privacy, harmful to minors, racially or ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, or otherwise unlawful in any manner whatsoever;
(d)Not contain information that is discriminatory or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e)Not violate any of the Policies;
(f)Not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition or false advertising) or promote any activities which may violate any applicable laws; and
(g)Not contain any link directly or indirectly to any other websites, which includes any content that may violate these Terms of Use or any of the Policies.
8.3
You agree not to upload, host, display, publish, share or otherwise make available on the Platform any content or information that:
(a)Belongs to another person and to which you do not have any right to;
(b)Contains any content that is non-compliant with these Terms of Use or the Privacy Policy, as amended from time to time; or
(c)Infringes any intellectual property rights of any third party.
8.4
You further represent, warrant and agree that you will:
(a)Access and use the Platform and Trepup Services in compliance with all applicable laws and the Policies;
(b)Conduct your business transactions with other Users of the Platform in good faith;
(c)Not use the Platform and Trepup Services to defraud any person or entity (such as by listing stolen items or using stolen credit/debit cards);
(d)Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e)Not directly or indirectly solicit the account information of other Users or access or try to access any User Account that does not belong to you;
(f)Not probe, scan or test the vulnerability of the Platform or any network connected to the Platform and Trepup Services or breach the security or authentication measures on the Platform or any network connected to the Platform;
(g)Not extract data from the Platform;
(h)Not impose an unreasonable or disproportionately large load on our infrastructure;
(i)Not attempt to circumvent the regular operation of the Platform or reduce the fees or consideration that we may derive from the Platform by any means, including creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
(j)Not collect User information through automated means, including but not limited to bots, robots, spiders and scrapers without our prior written permission;
(k)Not export the Platform, except in compliance with the Export Control Policy;
(l)Not reproduce, duplicate, copy, sell, visit, distribute, use or otherwise exploit the Platform for any commercial purposes, except as in accordance with the Policies;
(m)Not facilitate or encourage any violation of these Terms of Use or the Policies, including the Privacy Policy, as amended from time to time;
(n)Not make any statements or comments on the Platform which is/are inaccurate, false, unfair or defamatory to us or other Users or which violates the legal right of others;
(o)Not engage in spamming or phishing activities;
(p)Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense or give rise to civil liability) or encourage or abet any unlawful activities or use the Platform and Trepup Services for cyberterrorism;
(q)Not attempt to copy, reproduce, exploit or expropriate Trepup’s various proprietary directories, databases and product listings;
(r)Not introduce any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(s)Not undertake any actions to undermine the integrity of the data, systems or networks used by us in the Platform and/or any User of the Platform or gain unauthorized access to such data, systems or networks;
(t)Not, and are not, and your directors, officers, controlling parties, affiliates are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities in any of the legal jurisdictions in which any of the foregoing persons or entities are organized or have operations;
(u)Not do anything that threatens the unity, integrity, defense, security or sovereignty of the jurisdiction whose laws you are subject to, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nations; and
(v)Not engage in any activities that would otherwise create any liability for us or our affiliates.
8.5
You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews on or about the Platform or Trepup Services.
8.6
You will not falsely represent yourself as a consumer and post reviews about your products or misrepresent the quality or the features of Products listed by you on the Platform.
8.7
You understand that some Products may be offered from outside the country you reside in. You agree and acknowledge that you are responsible for complying with all laws and regulations applicable to the subscription of purchase of such Products.
8.8
You further agree and acknowledge that any dispute with respect to the Platform or Trepup Services shall be resolved in accordance with the Dispute Resolution Policy. In the event of any dispute between Users for alleged breach of Policies, you are requested to contact us in the manner set out below. We will review such complaint and take appropriate action as we deem fit in our sole discretion. In certain circumstances, Users may seek contact details of other Users on the Platform from us. We will review such requests and provide the relevant information, if in our sole judgment, we are required to do so under the Policies and law.
9.
User Content
9.1
In addition to product listings on the Platform, you may post ratings and reviews, comments, photos, videos and other content, submit suggestions, ideas, questions or other information and content relating to Products. You may not use the Platform to post or forward any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, pyramid schemes or any form of spam or unsolicited or irrelevant commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead about the origin of any content. We reserve the right (but not the obligation) to remove or edit any content in accordance with the Content Policy, but we may not regularly review any posted content.
9.2
We reserve the right in our sole discretion to remove or reject any User Content that you submit, post or display on the Platform, which we reasonably believe is unlawful, violates these Terms of Use, could subject us or Trepup affiliates to liability, or is otherwise found inappropriate in Trepup’s sole discretion.
9.3
You represent and warrant that you have all rights to provide the User Content on the Platform and that such User Content does not and will not violate any third-party rights, including any intellectual property rights and privacy rights.
9.4
You grant to Trepup and its Users a royalty-free, non-exclusive, irrevocable, perpetual, sublicensable, assignable, unrestricted, worldwide right and license to use, store, display, reproduce, save, modify, create derivative works and distribute your User Content for all our business purposes, including for the purposes of operating, developing, providing and using our Trepup Services. Such license will not be deemed to lapse pursuant to any applicable law by reason of Trepup and/or any Users not using such content for any period of time. Nothing in these Terms of Use shall otherwise restrict any other rights that Trepup may have with respect to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms of Use or the Policies. You authorize us to use automated tools to translate your Trepup content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools that will enable you to translate content at your request. The accuracy and availability of any translation is not guaranteed by Trepup.
10.1
By creating a User Account and/or using our Trepup Services, you provide us your consent to contact you using your registered email ID, your phone number and any other contact details such as your social media account that you have linked with your User Account for the following reasons:
(a)Notify you of information regarding your User Account;
(b)Troubleshoot problems with your User Account;
(c)Resolve a dispute;
(d)Collect a debt;
(e)Poll your opinions through surveys or questionnaires;
(f)Service your User Account or enforce the Terms of Use, the Policies, applicable law, or any other agreement we may have with you;
(g)Notify you of various offers and promotions or related marketing communications; or
(h)Notify you for any of our other business purposes.
10.2
If Trepup provides you with information about another User, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User’s information to a third party for purposes unrelated to the Products. Additionally, you may not use User information for marketing purposes, via electronic or other means.
11.
Intellectual property
11.1
The name “Trepup” and all corresponding marks, logos, designs, trade dress and trademarks that we use in connection with the Platform and Trepup Services are our intellectual property and can only be used in accordance with our Brand Guidelines Policy.
11.2
All intellectual property on the Platform and in the proprietary material, content and information made available on the Platform, including the graphics, images, photographs, logos, trademarks, the appearance, organization and layout of the Platform and the underlying software code belong to us.
11.3
Subject to the license granted to us in the User Content in accordance with these Terms of Use, the content that you provide to us for display as a product listing on the Platform shall at all times remain your property. However, the manner in which it is displayed and compilation of your content with those of third-party provided or sourced content, any and all logos, graphics, text, icons, images, audio clips, digital downloads, data compilations, software and all derivative works created using any of the User Content shall be deemed and shall remain the property of Trepup or its Users who have uploaded such materials and will be subject to protection under applicable laws.
11.4
You must not copy, modify, alter, decompile, reverse engineer, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material, except as expressly permitted in these Terms of Use.
11.5
If you believe any User Content or any other aspect of the Platform infringes your intellectual property rights, you may notify us in accordance with the Intellectual Property Policy.
12.1
You agree to indemnify and hold harmless Trepup and its affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, proceedings or suits brought by third parties), in any way related to your access to or use of Trepup Services, your User Content and products, your breach of any of these Terms of Use, the Privacy Policy or Policies or any dispute between a User and a seller in relation to a transaction involving a Product listed on the Platform.
12.2
You further agree that Trepup is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you.
12.3
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
12.4
You agree and acknowledge that you are not permitted to share the details of your User Account with any third party other than in limited circumstances. You may share the User Account details with a limited number of duly authorized personnel within your organization (“Multiple Use”) for managing a store. You acknowledge that this access is at your sole risk and it is your duty to immediately inform us of any actual or suspected misuse of the User Account. You are solely responsible to maintain the security of your User Account, we shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your User Account without liability to you.
12.5
You acknowledge that any unauthorized use of your User Account may cause irreparable breach to us or the Platform and you agree to hold harmless Trepup and its affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, proceedings or suits brought by third parties), in any way related to the Multiple Use of your User Account. You also agree that in the case of Multiple Use of your User Account or your failure to maintain the security of your User Account, we shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your User Account.
12.6
You will be allowed to define access levels and rights of individuals who may update profile and other details across multiple online stores. These access controls will be subject to certain rules that you will need to define while setting up the role management matrix in accordance with the Trepup Store Policy.
13.
Availability of the Platform and Trepup Services
13.1
We do not warrant that:
(a)The Platform will be constantly available or available at all. We shall have no liability to you for any interruption or delay in access to the Platform and Trepup Services used through it, irrespective of the cause;
(b)The information on the Platform or given through Trepup Services is complete, true, accurate or non-misleading;
(c)The Platform is secure or free of viruses, Trojans or other malware; or
(d)The content of the Platform does not infringe any intellectual property rights.
13.2
The access to the Platform may also be occasionally suspended or restricted or certain features may be unavailable to allow for scheduled maintenance, repairs or upgrading the Platform and Trepup Services at any time without prior notice.
13.3
We reserve the right to modify the Platform, our technology and the basis on which Products are listed from time to time. This may vary the results that you derive by using the Platform.
14.
Disclaimer and limitation of liability
14.1
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREPUP SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND TREPUP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXCLUDED.
14.2
TREPUP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, TIMELINESS, APPLICABILITY OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM. FURTHER, TREPUP DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD-PARTY RIGHTS. TREPUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OFFERED OR DISPLAYED ON THE PLATFORM.
14.3
Trepup takes no responsibility and assumes no liability for any User Content. User Content that you or any other User or third-party posts or transmits using the Platform is for general information purposes only and does not constitute any advice or opinion. You understand and agree that you may be exposed to User Content that is erroneous, offensive, unsuitable for children or otherwise unsuited to your purpose.
14.4
Any material downloaded or otherwise obtained through the Platform and Trepup Services is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its own or to Trepup’s computer systems or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User on the Platform, or through or from the Platform shall create any warranty not expressly stated herein.
14.5
Any guidance we provide for a product listing is solely informational, and you may decide to follow it or not. Also, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of Users’ content or product listings, the ability of stores to sell items, the ability of buyers to pay for items, or that a buyer or store will actually complete a transaction or return an item.
14.6
Notwithstanding any of the foregoing provisions, the aggregate liability of Trepup, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each User for all claims arising from the access to or use of the Platform during any calendar year will not exceed 100 Swiss francs.
14.7
The limitations and exclusions of liability to you under these Terms of Use shall apply to the maximum extent permitted by law and shall apply whether or not Trepup has been advised of or should have been aware of the possibility of any such losses arising.
15.
Information and Privacy Policy
15.1
We reserve the right to store and retain any and all information provided by you, including Trepup Services used, Products used, User Account details and details of the transactions conducted on the Platform for our business purposes as well as to comply with applicable laws.
15.2
Any personal information you supply to us when you use the Platform and Trepup Services will be used in accordance with the Privacy Policy.
16.1
The Platform, including stores and product listings, include hyperlinks to various external websites, applications, content, or resources and may also include advertisements (“Third-Party Links”). We have no control over such Third-Party Links present on the Platform, which are provided by individuals or organizations other than us. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by external sites, applications, individuals or organizations thereof. The presence of any Third-Party Links on the Platform cannot be construed as a recommendation, endorsement or solicitation of any material or content present on such Third-Party Links, or any other material on or available through such Third-Party Links.
16.2
You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information through such Third-Party Links or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, services, or other materials on, or available through such Third-Party Links. This will include all transactions and information transmitted on such Third-Party Links between you and any third-party sites or applications or resources. All transactions undertaken by you on the Third-Party Links are strictly bipartite. We shall not be liable for any disputes arising from or in connection with such transactions between you and such third parties.
16.3
Such third-party websites and external applications or resources accessible using the Third-Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of your information that you may be subject to. We recommend that you exercise reasonable diligence, as you would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy.
16.4
You may have the option of integrating Trepup Services with other third-party services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. We may offer you widgets that, among other things, have countdowns to various launches. These integrations may require you to input personal information or access or use personal information. The integrations may do the following:
(a)Check for updates automatically and transmit your information to their server and/or engine;
(b)Send information entered into or accessed by the technology to its server and/or engine; and
(c)Be visible to the public if embedded on publicly available web pages (such as social networking web pages), depending upon the policies of that website.
Under no circumstances shall Trepup be held liable for any delay, failure or disruption of the Platform and Trepup Services accessed or delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, acts of hackers or third-party internet service providers, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, lockouts, labor disturbances, shortages of labor or materials, fires, floods, storms, pandemics, explosions, acts of God, wars, omissions, delays in action by any governmental authority, embargoes, orders of domestic or foreign courts or tribunals or non-performance of third parties or any other cause beyond our reasonable control.
You agree that these Terms of Use and the Policies and any and all rights and obligations between you and Trepup in connection with the access to and use of the Platform and Trepup Services shall be governed and construed in accordance with the substantive laws of Switzerland (excluding Swiss private conflict of law rules and international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980).
Any dispute arising out of or in connection with these Terms of Use and the Policies, including disputes on the conclusion, the binding effect, the amendment and the termination, shall be submitted to the exclusive jurisdiction of the courts of Zug, Switzerland.
20.1
Revision of Terms of Use
Trepup reserves the right to revise these Terms of Use and any of the Policies at any time. If we believe that a revision is material, we may notify you. We further reserve the right to determine the most appropriate manner of providing notifications to you, and you agree to receive notices electronically if we so choose. You are advised to review these Terms of Use and the Policies periodically. Your continued access or use of the Trepup Services once a revision becomes effective will mean that you accept the revised Terms of Use and agree to be bound by them. If you do not agree to the revised Terms of Use, then stop accessing the Platform or using the Trepup Services.
20.2
Assignment
These Terms of Use, and any rights and licenses granted hereunder, are personal to you and may not be transferred or assigned by you. Any attempted transfer or assignment shall be null and void. Trepup will be entitled to freely assign these Terms of Use, rights, obligations or licenses granted hereunder.
20.3
Severability
These Terms of Use, together with the Privacy Policy and other Policies and any other agreements you may enter into with Trepup in connection with the Trepup Services shall constitute the entire agreement between you and Trepup. If any provision of these Terms of Use or any of the Policies is deemed invalid, then the validity, legality and enforceability of the remaining provisions will not be affected and only that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use and the Policies will remain in full force and effect.
20.4
Waiver
Failure or delay to assert any right of provision under these Terms of Use or any of the Policies shall not be construed as a waiver by Trepup of any of its rights hereunder. A specific waiver of a term in these Terms of Use or any of the Policies shall not be deemed as a continuing waiver of such term or any other terms.
20.5
Relationship between the Parties
Use of the Platform or Trepup Services does not create any association, partnership, joint venture or relationship of principal and agent, master and servant or employer and employee between you and Trepup.
We will redress your grievances and concerns surrounding purchase of Trepup Services in accordance with applicable law.
22.1
This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.
22.2
If you have any additional questions or require further clarification regarding these Terms of Use and any of the Policies, please contact us at any time using the details below.
Trepup.com AG
Attn: Legal Operations
Dorfstrasse 16
6341 Baar
Switzerland
Email: legal@trepup.com