This Agreement and all policies and additional terms posted on and in our website schluesseldienst-jetzt.de set out the terms on which FW MARKETING LTD offers you access to and use our website services.
You agree that by clicking "  , , , , , , , , , , , " or similar button, accessing and using our services (described below), you agree to enter into a legally binding contract with FW MARKETING LTD, a company incorporated and existing under the laws of Cyprus , registered number HE 381648 with its registered office at Makedonias, 5, SUNRISE COMPLEX, BLOCK 2, flat/office 102, Pila, 7080, Larnaca, Cyprus (even if you are using our web-site on behalf of a company). If you do not agree to this agreement, do not click "  , , , , , , , , , , , , " (or similar) and do not access or otherwise use our web-site. If you wish to terminate this agreement, you may do so at any time by no longer accessing, accessing or using our web-site.
ABOUT SCHLUESSELDIENST-JETZT.DE AND OUR SERVICES
SCHLUESSELDIENST-JETZT.DE (hereinafter “the website” or “our website”) is an online platform for finding a locksmith. We do NOT provide locksmith services. We help Users find a near locksmith by identifying the User's location during User ’s call and connecting the User to the nearest Locksmith
from those who entered into a marketing agreement with FW MARKETING LTD, if any.
Locksmiths provide services on their own behalf and are solely responsible for the services provided. The relationship between Locksmiths and FW MARKETING LTD is subject solely to marketing services and is entirely exclusive of any employment, partnership, joint venture or agency relationship between FW MARKETING LTD and Locksmiths.
We use the information and data that you provide and that we have about Users to connect you with a locksmith who may be useful to you. For example, we transfer your call to a locksmith so that you can place an order for locksmith services.
FW MARKETING LTD reserves all of its intellectual property rights on the website. Trademarks and logos used in connection with the services of our website are the trademarks of their respective owners. Logos, trademarks, service marks and graphics used for our services are trademarks of FW MARKETING LTD.
The website is not for use by anyone under the age of 18 years old ( “Minimum Age”).
To use the website, you agree that: '(1) you must be the "Minimum Age"(described above or older', and
(2) you have a real intense to order locksmith services.
In connection with using or accessing to our website you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
breach or circumvent any laws, regulations, third-party rights or our systems and policies',
use our website if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our website',
fail to pay for locksmith services provided to you',
distribute spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes',
distribute viruses or any other technologies that may harm our website or the interests or property of Users',
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our website for any purpose',
circumvent any technical measures used to provide our services',
interfere with the functioning of our website, such as by imposing an unreasonable or disproportionately large load on our infrastructure',
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to FW MARKETING LTD. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to FW MARKETING LTD or someone else.
Violation of this agreement
If we believe you are violating this User Agreement or any of our policies or abusing our website and/ or our services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your access to our website or services and take technical and/or legal steps to prevent you from using our services.
DISCLAIMER AND LIMIT OF LIABILITY
FW MARKETING LTD MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING
CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, FW MARKETING LTD DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of liability
FW MARKETING LTD IS NOT LIABLE FOR THE ACTS OMISSIONS OF LOCKSMITHS, FOR THE QUALITY OF THEIR SERVICES AND FOR ANY DAMAGE CAUSED BY THEM.
TO THE FULLEST EXTENT PERMITTED BY LAW, FW MARKETING LTD WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
FW MARKETING LTD WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO FW MARKETING LTD FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT, IF ANY, OR (B) US $1000.
Basis of the bargain
The limitations of liability in this Section 4 are part of the basis of the bargain between you and FW MARKETING LTD and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if FW MARKETING LTD has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
You will indemnify and hold us (including our our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of our services or your breach of any law or the rights of a third party.
Both you and FW MARKETING LTD may terminate this Agreement at any time. On termination, you lose the right to access or use the website. The following shall survive termination:
our rights to use and disclose your feedback', sections 4, 5, 7, 8, and 3.2 of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by and construed in accordance with the laws of Cyprus. Any claims or disputes arising out of or in connection with the services provided by our website shall be subject to the exclusive jurisdiction of the courts of Cyprus.
Notwithstanding the above, the choice of Cyprus law and jurisdiction shall not deprive you of any mandatory consumer protections granted by the laws of the country in which you have habitual residence (and to which we direct our services), to the extent such protections cannot be excluded or modified by agreement.
If a court with authority over this Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
This Agreement is the only agreement between us regarding the Services and supersedes all prior agreements for services of the website.
This Agreement is drawn up in English. For information purposes this Agreement may be translated on other languages. If there are any contradictions between this Agreement and any of its translation, the English version of this Agreement shall govern.
If we don't act to enforce a breach of this Agreement, that does not mean that FW MARKETING LTD has waived its right to enforce this Agreement. You may not assign or transfer this Agreement to anyone. However, you agree that FW MARKETING LTD may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses provided on the website.