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Terms and Conditions

Last updated: September 7, 2021

Welcome to Germie!

These are the terms and conditions for:

 

The following terms and conditions apply to the Germie website. This includes the mobile and tablet versions, as well as any other version of the website that can be accessed through a desktop, mobile, tablet, social media or other device.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIAL OR INFORMATION FROM THE WEBSITE.

 

1. ACCEPTANCE OF TERMS

By visiting the website, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must leave the Germie website immediately. We may modify this Agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to this Agreement when you visit the website after such modification is posted; therefore, it is important that you review this Agreement regularly. Germie may, in its sole discretion, refuse to offer the website to any user and change its eligibility criteria at any time.

Access to the website is available to all ages. It is the responsibility of parents and legal guardians to determine whether any of the content is appropriate for their children or minors. 

By providing Germie with your email address you consent to our use of your email address to send you notices about the services, including those required by law. We may also use your email address to send you notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.

You may use the website only in compliance with these terms and all applicable local, state, national and international laws, rules and regulations. Germie reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Germie believes that you have violated any of these terms or interfered with others' use of the website or service.

 

2. DISCLAIMER

The information contained in this website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information contained on this website is for informational purposes and purposes only.

 

If you suspect that you have a medical problem or disease, consult a health care professional for proper diagnosis and treatment. It is important that you consult a health care professional to determine your health status before using any information available through the Web site. Your use or misuse of the information and content available on this website is at your own risk and responsibility.

You are advised to confirm any information obtained from or through this website with other sources. Germie makes no representations and assumes no responsibility for the accuracy of the information contained on or available through this website, and such information is subject to change without notice. This disclaimer is not intended to exclude any warranty implied by law which cannot be lawfully excluded.

 

3. LICENSE TO USE THE PLATFORM

Germie grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by Germie as part of the services. This license is for the sole purpose of allowing you to use and enjoy the services provided by Germie, in the manner permitted by these terms and conditions.

 

You may not copy, modify, distribute, sell or rent any part of our services, nor may you reverse engineer or attempt to extract the source code from the website, unless such restrictions are prohibited by law or you have our written permission. You agree not to use the website and services in a negligent, fraudulent or unlawful manner. The user also undertakes not to engage in any conduct or action that may damage the image, interests or rights of Germie or any third party. Germie reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if Germie considers that the user has breached any of these conditions or has interfered with the use of the website or services.

 

 

4. SUBSCRIPTIONS

Germie offers subscriptions with access to special content and functionalities within the website. When a user places an order for a subscription, the user agrees and declares to purchase the subscription for the price advertised on the website. Please check the price and features of each subscription before placing an order.

When a user places an order, Germie will send a confirmation email. This confirmation email will occur automatically so that the user has confirmation of the payment and the start of the subscription. If the user does not receive the email, it may have been sent to their spam folder.

Germie may cancel any sale and not provide subscriptions and may change or discontinue the availability of subscriptions at any time at its sole discretion. If a purchase is cancelled, any payment made for the subscription will be refunded in full. This does not affect your statutory rights.

Subscriptions may include automatic recurring payments. You authorize Germie to renew your subscription and to charge you on a periodic and progressive basis. The subscription billing date is the date you make your first payment. The subscription billing date will be automatically debited from your account with all applicable fees for the next subscription period. The subscription will continue until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill the recurring subscription fee to the form of payment you provide during registration.

Subscriptions will automatically renew for an additional period unless cancelled prior to the next payment. If the user wishes to reactivate the subscription, a new subscription must be purchased.

 

5. PAYMENTS

Subscriptions will be paid through the payment methods available on Germie. Subscriptions will be activated upon completion of the payment process. Your credit/debit card will be charged immediately after placing the order for the subscription you have purchased. Once the transaction is processed, we will send you an electronic receipt of the transaction to the email address you provide. 

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of the subscriptions and services. Germie reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of the subscriptions and services.

 

6. THIRD PARTIES

Germie contains content of third-party licensors to Germie, which is protected by copyright, trademark, patent, trade secret and other laws. Germie owns and retains all rights, title and interest in the content. Germie hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third-party content located on or available through Germie or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Germie and using the services.

 

Any dealings with third parties included within or on Germie involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Germie is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Germie does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Germie or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Germie is provided to you for informational purposes only. Germie encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Germie works to ensure the information on Germie is current and accurate.

 

7. COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, articles, columns, graphics, videos, photographs, illustrations and other items are protected by copyright, trademarks and/or other intellectual property rights which are owned and controlled by Germie or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited personal and non-commercial use.

 

Unless specifically stated herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the express written permission of Germie. You may not add, delete, distort or modify the material in any way. Any unauthorized attempt to modify any material, defeat or circumvent any security features, or use Germie or any part of the material for any purpose other than its intended use is strictly prohibited.

 

8. COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act)

Germie will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. Germie respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the "Germie" website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Germie can find it on the "Germie" website.  Note that providing a top-level URL is not sufficient.

  • Your name, address, telephone number and email address.

  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.

  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

 

 

9. DISCLAIMER OF WARRANTIES

Germie will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet Germie provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Germie for any loss or damage caused as a result.

Germie shall not be liable for any amount for the failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Germie excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Germie and Germie shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.

  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product or service purchased through the website.

  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Germie.

  • All representations, warranties, conditions and other terms which but for this notice would have effect.

 

 

10. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by Germie or have been licensed to Germie by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the website. In addition to the above, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, the use of any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.

  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

  • Deep-link to any part of the website for any purpose without our express written permission.

  • "Frame", "mirror" or otherwise incorporate any part of the website into any other website or service without our prior written permission.

 

 

11. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Germie for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

12. INDEMNIFICATION

You agree to defend and indemnify Germie from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.

  • Your violation of any law or the rights of a third party.

  • Your use of the website.

 

 

13. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect.

 

14. PERSONAL DATA

Any personal information you submit in connection with the use of the website, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

 

15. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Germie without restriction.

 

16. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Germie, shall constitute the entire agreement between you and Germie concerning and governs your use of the website.

 

17. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Germie, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Germie may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.

 

18. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

19. CONTACT US

If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: