Terms and conditions (AGBs)

Terms and conditions

These Terms and Conditions ("Agreement") set forth the general terms and conditions for the use of the website baubob.com ("Website"), the mobile application "bauBob" ("Mobile Application") and all related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and BI Netzwerk GmbH ("BI Netzwerk GmbH", "we", "us" or "our"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such person to this Agreement, in which case the terms "User", "you" or "your" will refer to such person. If you do not
have such authority or do not agree to the terms of this Agreement, you do not have to accept this Agreement and you may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement constitutes a contract between you and BI Netzwerk GmbH, even if it is electronic and not physically signed by you, and that it governs your use of the Services.

Table of contents

1. Accounts and membership
2. User content
3. Invoicing and payments
4. Accuracy of the information
5. Third-party services
6. Backups
7. Links to other resources
8. Prohibited uses
9. Intellectual property rights
10. Exclusion of warranty
11. Limitation of liability
12. Compensation
13. Separability
14. Settlement of disputes
15. Allocation
16. Changes and additions
17. Acceptance of these conditions
18. Contact us

Accounts and membership

If you create an account on the Services, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. We may, but are not obligated to, monitor and verify new accounts before you can sign up and begin using the Services. Providing false contact information of any kind may result in termination of your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, deactivate or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content may harm our reputation and goodwill. If we delete your account for the aforementioned reasons, you may not re-register for our services. We may block your e-mail address and Internet Protocol address to prevent further registration.

User content

We do not own any data, information or materials (collectively, "Content") that you submit to the Services in the course of using the Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property or right to use all Content submitted. We have the right to monitor and review the content you submit or create using our services. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the content in your account as necessary to provide the Services to you. Without limiting these representations or warranties, we have the right, but not the obligation, in our sole discretion, to refuse or remove any content that, in our reasonable opinion, violates our policies or is in any way harmful or objectionable. Unless you have expressly agreed, your use of the Services does not grant us a license to use, reproduce, adapt, modify, publish or distribute any Content created by you or stored in your user account for any commercial, marketing or similar purpose.

Invoicing and payments

You are obligated to pay all fees or charges for your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due. If Services are offered on a free trial basis, payment may be required at the end of the free trial period and not when you enter your billing information (which may be required prior to the start of the free trial period). If auto-renewal is enabled for the services you subscribe to, you will be automatically charged according to the term you select. Sensitive and private data is exchanged via an SSL-secured communication channel and is encrypted and protected with digital signatures. The services also comply with PCI security standards to create the safest possible environment for users. Malware scans are performed regularly for added security and protection. If we believe that your purchase constitutes a high-risk transaction, we will ask you to provide us with a copy of your valid government-issued photo ID and possibly a copy of a recent bank statement for the credit or debit card used to make the purchase. We reserve the right to change products and product prices at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may also apply to orders placed from the same customer account or with the same credit card, and/or to orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed.

Accuracy of the information

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have placed your order). We are under no obligation to update, change or clarify any information on the Services, including, without limitation, pricing information, except as required by law. No update or refresh date indicated on the Services should be taken to indicate that all information on the Services has been modified or updated.

Third-party services

If you choose to enable, access or use any third party services, please note that your access and use of such other services is governed solely by the terms and conditions of such other services, and that we do not endorse, are not responsible or liable for, and make no representations regarding any aspect of such other services, including, but not limited to, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claims against BI Netzwerk GmbH in relation to such other services. BI Netzwerk GmbH shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your enabling, accessing or using such other services or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register or sign up for such other services on their respective platforms. By activating other services, you expressly authorize BI Netzwerk GmbH to share your data to the extent necessary to enable the use or activation of such other service.

Backups

We make regular backups of the website and its content and do our best to ensure the completeness and accuracy of these backups. In the event of hardware failure or data loss, we will automatically restore the backups to minimize the impact and downtime.

Links to other resources

Although the Services may be linked to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any approval, affiliation, sponsorship, endorsement or affiliation with any linked resource unless specifically stated herein. We are not responsible for examining or evaluating the offerings of companies or individuals or the content of their resources, and we make no warranties about them. We assume no responsibility or liability for the actions, products, services and content of other third parties. You should carefully review the legal notices and other terms of use of any resource you access through a link on the Services. Linking to other resources outside the Website is at your own risk.

Prohibited uses

In addition to any other terms and conditions set forth in the Agreement, you are prohibited from using the Services or Content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, violate, defame, libel, slander, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmitting false or misleading information; (g) uploading or transmitting viruses or other types of malicious code that interfere or may interfere with the functionality or operation of the Services, Third Party Products and Services or the Internet; (h) spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (i) using for obscene or immoral purposes; or (j) interfering with or circumventing the security features of the Services, Third Party Products and Services or the Internet. We reserve the right to terminate your use of the Services if you violate any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights granted by statute, common law or equity in respect of copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights in inventions, rights of use and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted, rights to claim priority of such rights and all similar or equivalent rights or forms of protection and all other results of intellectual activity which exist or will exist now or in the future in any part of the world. This Agreement does not transfer from BI Netzwerk GmbH to you any BI Netzwerk GmbH or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BI Netzwerk GmbH. All trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of BI Netzwerk GmbH or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any BI Netzwerk GmbH or third-party trademarks.

Exclusion of warranty

You agree that this service is provided "as is" and "as available" and that use of the services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure or error-free, nor do we warrant the results that may be obtained from the use of the Services or the accuracy or reliability of any information obtained through the Services or that any errors in the Services will be corrected. You acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of any such material and/or data. We do not warrant any goods or services purchased or obtained through the Service or any transactions entered into through the Service, unless otherwise specified. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall BI Netzwerk GmbH, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen such damages. To the extent permitted by applicable law, the aggregate liability of BI Netzwerk GmbH and its affiliates, officers, employees, agents, suppliers and licensors with respect to the Services shall be limited to an amount not to exceed the greater of one dollar or the amounts actually paid by you in cash to BI Netzwerk GmbH for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for losses or fails of its essential purpose.

Compensation

You agree to indemnify and hold BI Netzwerk GmbH and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from any liability, loss, damage or expense, including reasonable attorneys' fees, incurred in connection with or arising out of any allegation, claim, action, dispute or demand made by any third party against any of them as a result of or in connection with your Content, your use of the Services or any willful misconduct by you.

Separability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate applicable law and shall be limited to the extent necessary so that they do not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter of this Agreement and all such remaining provisions or portions thereof shall remain in full force and effect.

Settlement of disputes

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Switzerland, without regard to its conflict or choice of law rules, and, to the extent applicable, the laws of Switzerland. The courts of Switzerland shall have exclusive jurisdiction and venue over any action relating to the subject matter of this Agreement, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any action arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Allocation

You may not assign, resell, sublicense or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which consent shall be at our sole discretion and without obligation, and any such assignment or transfer shall be null and void. We shall be free to assign any rights or obligations under this Agreement, in whole or in part, to any third party as part of the sale of all or substantially all of the assets or shares or as part of a merger.

Changes and additions

We reserve the right to change this Agreement or its terms relating to the Services at any time at our discretion. If we do so, we will revise the updated date at the bottom of this page and send you an email to notify you. We may also notify you by other means at our discretion, such as through the contact information you provide to us.

An updated version of this Agreement will be effective immediately upon posting of the revised Agreement, unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or any other action specified at that time) will constitute your acceptance of such changes.

Acceptance of these conditions

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to access or use the Services.

Contact us

If you have any questions, concerns or complaints regarding this agreement, please contact us using the details below:

https://baubob.com contact@baubob.com

This document was last updated on March 4, 2024.