Vario One

TERMS AND CONDITIONS

This agreement was last amended on 28 May 2022.

I. INTRODUCTION

www. vario-one.com ("Website") and mobile application "VARIO ONE" („we„, „us" or "our") welcomes you. 

We provide you with access to our Services through our "Website" and "Mobile Application" (as defined below) subject to the following terms and conditions of this Agreement, as may be updated by us from time to time with or without notice to you. By accessing and using this Website and Mobile Application, you acknowledge that you have read, understood and agree to be legally bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, please do not use the Website and Mobile Application.

II. DEFINITIONS

  • "Agreement" refers to these Terms and Conditions and the Privacy Policy and other documents made available to you via the Website and the Mobile Application;
  • "Service“ or "Services" refers to the services defined below that are offered via the website.
  • „Users„, „You" and "Yours" refers to the person accessing this website and the mobile application in order to use a service;
  • "Member" refers to the user who makes the payment for the services offered by us via our website/mobile application;
  • „We„, „us" and "ours" are references to the Leobalo GmbH;
  • "Website" or "Platform" means and includes "https:// www. vario-one.com, mobile applications "VARIO ONE" and any successor website of the Company or any of its affiliates;
  • "User account" means an electronic account opened for the Buyer to use the services offered on the Website and the Mobile Application;

III INTERPRETATION

  • All references to the singular include the plural and vice versa, and the word "includes" is to be understood as "without limitation".
  • Words that denote one gender include all other genders.
  • The reference to a statute, regulation or other law includes all regulations and other legal acts as well as all consolidations, amendments, re-enactments or replacements that are currently in force.
  • All headings, bold type and italicised sections (if any) have been inserted for convenience of reference only and shall not limit or affect the meaning or interpretation of the provisions of this Agreement.
  •  

IV. INTRODUCTION AND SCOPE

    • Scope of application. These Terms govern your use of the Website, the Mobile Application and the Services. Unless otherwise stated, these Terms do not apply to third-party products or services, which are governed by their own terms of use.

     

    • AdmissibilityCertain services on the website and mobile application are not available to users under the age of 18 or users who have been blocked or removed from the system by us for any reason.

     

    • Electronic communication: When you use this website/mobile application or send emails and other electronic communications to us from your desktop or mobile device, you are communicating with us electronically. By sending, you agree to receive a response communication from us electronically in the same format, and you may retain copies of these communications for your records.

V. SERVICES

  • The VARIO ONE app for the Apple Watch and iPhone.

VI. CHANGES TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time (collectively, the "Changes"). We may notify you of changes by sending an email to the address specified in your account or by posting a revised version of the Terms incorporating the changes on our website and mobile application. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

VII. REGISTRATION

If you access this website/mobile application anonymously, you do not need to create a user name. However, to access certain resources, you may be asked to provide certain information and create a user ID and password to set up an account.

You agree that the information you provide in connection with setting up an account is accurate and that you will keep your information up to date. You are responsible for the security of all your usernames, passwords and registration information (such as unique account identifiers or historical billing information) and are solely responsible for any (authorised or unauthorised) use of your accounts. You agree to notify us immediately of any unauthorised activity on any of your accounts or any other breach of security. We may, in our sole discretion, suspend or terminate your usernames and passwords at any time with or without notice.

VIII. USER CONTENT

  1. Responsibility for content.

The website/mobile application allows you to submit content, feedback, etc., but you are solely responsible for the content you submit. You warrant that you have the necessary permission to use the content.

When sending content to the website/mobile application, please do not send content that:

  • contains rude, profane, offensive, racist or hateful language or expressions, pornographic or distasteful text, photographs or illustrations, inflammatory attacks of a personal, racial or religious nature;
  • is defamatory, threatening, libelous, inflammatory, false, misleading, deceptive, inaccurate, unfair, grossly exaggerated or contains unsubstantiated claims;
  • violate the personal rights of third parties, are inappropriately harmful or offensive to individuals or communities;
  • discriminates on the basis of race, religion, national origin, gender, age, marital status, sexual orientation or disability or makes reference to these aspects in a manner prohibited by law;
  • violates or inappropriately encourages the violation of any local, state, federal or international law, rule, regulation or ordinance;
  • repeatedly sends messages in reference to another user and/or makes derogatory or offensive comments about another person or repeats a previously posted message under multiple emails or topics.

Such content will be rejected by us. In the event of repeated offences, we reserve the right to block user access to the website and mobile application without prior notice.

IX PAYMENT

- All payments for products and services available on the website and mobile application are subject to our terms and conditions.
- The payment mode is managed via your App Store settings
- We may ask you to provide additional information for your transaction, including your credit card number (or other payment information), the expiry date of your credit card, and your email and postal address for billing and notification purposes (such information, "Payment Information").
- You represent and warrant that you are legally authorised to use all payment methods represented by such payment information.
- When you initiate a transaction, you authorise us to share your payment information with third parties so that we can complete your transaction and charge your payment method for the type of transaction you have chosen (plus any applicable taxes and other fees).
- Users will subscribe to our services. We use the Apple App Store for our billing solutions
- Reimbursement will be made in accordance with our reimbursement guidelines.
- We are happy to assist you if there is a problem, you can contact our back office team for any enquiry or problem.
- We take our customers' feedback very seriously and use it to constantly improve the quality of our service.

X. REIMBURSEMENT POLICY

Our general policy is that your purchase is considered final.
You can cancel your subscription at any time. Following such cancellation, you may continue to use the relevant Paid Service until the end of the term for which you have paid. Except as stated above, you will not receive a refund of any portion of the subscription fee paid for the current subscription period at the time of cancellation. You are responsible for all subscription fees (plus any applicable taxes and other fees) incurred for the current subscription period.

XI. GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity or timeliness of the information we provide.
  • If we make material changes to these Terms from time to time, we may notify you of such changes either by means of a prominent notice or by email.
  • The Website/Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis solely for use in connection with the Service for your private, personal, non-commercial use, subject to all of the terms and conditions of this Agreement as they apply to the Service.
  • We will not be liable to you for failure to provide the services you have ordered or for delays in providing them if these are caused by events or circumstances beyond our reasonable control, such as adverse weather conditions, pandemics, strikes, lockouts and other industrial disputes, system or network failures, floods, fire, explosions or accidents.
  • You acknowledge and agree that we are not responsible for addressing any claims that you or any third party may have in relation to the mobile application;
  • Leobalo GmbH reserves the right to block/terminate the use of or access to the platform or system.

XII. LIMITED WARRANTY

Through this website:

  • We offer you the opportunity to utilise the services offered via our website.

We do not warrant or guarantee that the descriptions of the Services are accurate, complete, reliable, current or error-free. If any Service offered on the Website/Mobile Application is not as described, your sole remedy is to notify us of the Services for further action

  • Disclaimer for the accuracy of the mobile application

    Our company assumes no responsibility for the accuracy and reliability of the information provided by our mobile application on the Apple Watch and on the iPhone. Despite careful development and regular maintenance, there may be deviations and technical errors that may affect the accuracy of the data provided.

  • Recommendation for using an analogue compass

    For additional security and as a supplement to our mobile app, we strongly recommend the use of an analogue compass. An analogue compass can serve as an independent and reliable navigation instrument and offers a valuable alternative, especially in situations where electronic devices may not work properly.

XIII. GEOGRAPHICAL RESTRICTION

We reserve the right, but are not obliged, to restrict the use or provision of a service to any person, geographic region or country. We may exercise this right as necessary. We reserve the right to suspend a service at any time. Any offer to provide a service made on this website/mobile application is void where prohibited.

XIV. USER REACTIONS OPTIONS

  • You are required to use the Service and the Website/Mobile Application for a lawful purpose and to comply with all applicable laws when using the Website and the Mobile Application;
  • You may not use or access the website/mobile application to conduct market research for a competing company;
  • You may not misrepresent or impersonate any natural or legal person for false or illegal purposes;
  • You will not use devices, scrapers or other automated things to access the website or mobile application without permission.
  • You will inform us of anything that is inappropriate, or you can inform us if you find something illegal;
  • You will not interfere or attempt to interfere with the proper working of the Website/Mobile Application through the use of viruses, devices, information gathering or transmission mechanisms, software or routines, or access or attempt to gain access to any data, files or passwords associated with the Website/Mobile Application through hacking, password or data mining or any other means;
  • You will not obscure, disguise, block or in any way interfere with any advertising and/or security features (e.g. the "Report Abuse" button) on the website/mobile application;
  • You will inform us of any inappropriate content of which you become aware. If you discover anything that violates any law, please let us know and we will review it.
  • You agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our website/mobile application We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to terminating your account, reporting any suspected unlawful activity to law enforcement authorities, regulators or other third parties

XV RELEASE

You release us and our successors and assigns from all losses, damages, rights, claims and causes of action of any kind, including personal injury, death and property damage, directly or indirectly related to or arising out of your use of the Services (collectively, "Claims").

XVI. CONFIDENTIALITY

All materials provided by the client/customer in the course of using our service will be kept confidential by us from third parties, unless disclosure is required by law or is made to our financial auditors or the relevant regulatory authorities. Disclosure or use of this information for any purpose beyond the scope of this agreement.

XVII. NO ADVISORY

Please note that some of the content, text, data, graphics, images, information, suggestions, instructions and other materials (collectively, "Information") available on the Site and Mobile Application (including Information provided in direct response to your questions or postings) may be for informational purposes only. In no event will we be liable to you or anyone else for any decision made or action taken by you in reliance on this Information.

If you rely on the information provided by the website/app, you do so entirely at your own risk.

XVIII. FEEDBACK POLICY

We give our users the opportunity to provide us with their feedback and testimonials.

You may provide us with ideas, opinions, testimonials, recommendations, feedback or advice in connection with your use of the Services (collectively, "Feedback" labelled).

By submitting feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully paid-up, royalty-free, worldwide licence (sublicensable through multiple tiers):

(a) use, copy, distribute, reproduce, modify, create derivative works from, adapt, publish, translate, publicly perform and publicly display this Feedback (or any modification thereto) in whole or in part in any format, medium or application now known or later developed; and

(b) use and allow others to use the Feedback in any manner and for any purpose (including, but not limited to, commercial purposes) that we, in our sole discretion, deem appropriate (including, but not limited to, incorporating the Feedback in whole or in part into any technology, product or service).

XIX. EXCLUSION OF LIABILITY

We accept no responsibility for any direct or indirect damage that may be caused by the product or service.

We accept no responsibility for delays/errors caused by circumstances beyond the company's control (force majeure). These circumstances may include, for example, labour disputes, fire, war, government decisions, etc.

  • Disclaimer for the accuracy of the mobile application

    Our company assumes no responsibility for the accuracy and reliability of the information provided by our mobile application on the Apple Watch and on the iPhone. Despite careful development and regular maintenance, there may be deviations and technical errors that may affect the accuracy of the data provided.

  • Recommendation for using an analogue compass

    For additional security and as a supplement to our mobile app, we strongly recommend the use of an analogue compass. An analogue compass can serve as an independent and reliable navigation instrument and offers a valuable alternative, especially in situations where electronic devices may not work properly.

Furthermore, we are not liable for direct or indirect consequential damages or other forms of loss or damage suffered by a user as a result of using the website. www. vario-one.com and the mobile application, including the loss of data or information or any kind of financial or physical loss or damage.

In no case are VARIO ONEnor its owners, directors, employees, partners, agents, suppliers or affiliates, shall be responsible for any indirect, incidental, special, contingent or exemplary costs, including, but not limited to, loss of revenue, numbers, use, goodwill or other intangible losses arising from (i) your use or access of, or failure to access or use, the Service; (ii) any third party conduct or content on the Service; and (iii) wrongful access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other lawful concept, whether or not we were aware of the possibility of such damage.

XX. NO RESPONSIBILITY

We are not responsible to you for:

  • any losses you suffer because the information on our mobile application or website is inaccurate or incomplete; or
  • any losses you suffer because you are unable to use our website and mobile application at any time; or
  • any errors or omissions on our website or mobile application; or
  • any losses you suffer in reliance on any comments, posts or reviews (of our services or those of our partners) on our website or mobile application; or
  • unauthorised access or loss of personal data beyond our control.

XXI. SPAM POLICY

You are strictly prohibited from using the Site or any of our services for illegal spamming activities, including harvesting email addresses and personal information from others or sending commercial bulk emails.

XXII. COPYRIGHT DIRECTIVE

If you have an intellectual property rights complaint relating to material published on the Website, you may contact our Designated Agent.
www. vario-one.com
ATTN: Legal Department (Copyright Notification)
E-Mail: info@vario-one.com
Any notice claiming that materials hosted on or distributed through the Site infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right that is infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you consider to be in breach of the Terms and where it is located on the Website;
- Your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the use of the materials on the Site about which you are complaining is not authorised by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf

XXIII. LEFT FROM THIRD

The Website and the mobile application may contain links to external websites or third-party websites ("External sites"). These links are provided solely as a convenience to you and do not imply that we endorse the content of these external sites. The content of these external sites is created and used by others. You may contact the administrator of these external sites. We are not responsible for the content provided in the links to the external sites and make no representations about the content or accuracy of the information on these external sites. You should take precautions when downloading files from any of these sites to protect your computer from viruses and other critical programmes. If you agree to access any linked external sites, you do so at your own risk

XXIV. PERSONAL INFORMATION AND DATA PROTECTION POLICY

By accessing or using this website and mobile application, you agree that we may use, store or otherwise process your personal data in accordance with our Privacy Policy.

XXV. ERRORS, INACCURACIES AND OMISSIONS

Every effort has been made to ensure that the information provided on this website and mobile application is accurate and error free. We apologise for any errors or omissions that may have occurred. We cannot guarantee that the use of the website or the mobile application will be error-free or appropriate, timely, that defects will be corrected or that the website or the server that makes it available will be free from viruses or bugs or represent the full functionality, accuracy and reliability of the website and the mobile application and we make no warranty of any kind, express or implied, as to fitness for purpose or accuracy.

XXVI. EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY

The Website, Mobile Application and Service are provided on an "as is" and "as available" basis, without warranties of any kind, including any warranty that the Website/Mobile Application will operate error-free or that the Website/Mobile Application, its servers or its content or Service are free of computer viruses or similar contamination or destructive features.

We disclaim all licences or warranties, including, but not limited to, licences or warranties of title, non-infringement and fitness for a particular purpose and any warranties arising from course of dealing, course of performance or usage of trade. In connection with warranty, contract or tort claims: (I) We shall not be liable for any unintended, incidental or consequential damages, lost profits or damages resulting from loss of data or business interruption arising out of the use or inability to access and use the Website/Mobile Application or the Content, even if we have been advised of the possibility of such damages.

The Website and Mobile Application may contain technical inaccuracies, typographical errors or omissions. Except as required by applicable law, we are not responsible for any such typographical, technical or pricing errors that may appear on the Website/Mobile Application. The Website/Mobile Application may contain information about certain services that are not available in every location. A reference to a Service on the Websites and Mobile Application does not imply that such Service is or will be available at your location. We reserve the right to make changes, corrections and/or improvements to the Website/Mobile Application at any time without notice

XXVII. COPYRIGHT AND TRADE MARKS

The Website/Mobile Application contains material such as software, text, graphics, images, designs, sound recordings, audio-visual works and other material provided by us or on our behalf (collectively, the "Content"). The Content may be owned by us or by third parties. Unauthorised use of the Content may violate copyright, trademark and other laws. You have no rights in the Content, and you will use the Content only in accordance with this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, licence or sub-licence, sell or modify the Content or reproduce, display, publicly perform, create a derivative work from, distribute or otherwise use the Content for any public or commercial purpose. The use or posting of the Content on any other website or networked computer environment for any purpose is expressly prohibited.

If you breach any part of this Agreement, your permission to access and/or use the Content and the Website/Mobile Application will automatically terminate and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks and logos used and displayed on the Website/Mobile Application are registered and unregistered trademarks or service marks of ours. Other company, product and service names on the Website/Mobile Application may be trademarks or service marks owned by others (the "Third Party Marks" and together with us, the "Marks"). Nothing contained on the Website/Mobile Application should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of the Trademarks without our prior written permission for such use. None of the content may be redistributed without our express written consent for each instance

XXVIII. COMPENSATION N

You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claim, suit or demand, including, without limitation, reasonable attorneys' fees and accounting fees, arising out of or resulting from your breach of this Agreement or your misuse of the Content or the Site/Mobile Application. We will notify you of any such claim, suit or proceeding and will assist you, at your expense, in the defence of any such claim, suit or proceeding. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification under this section. In such event, you agree to cooperate with any reasonable requests to assist in our defence of such matter.

XXIX. MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Runtime. The services provided to you may be cancelled or terminated by us. We may terminate these services at any time with or without cause by written notice. We shall have no liability to you or any third party as a result of such cancellation.

Effect of termination. Upon termination of these Terms for any reason or upon cancellation or expiration of your Services: (a) we will cease providing the Services; (b) you will not be entitled to any refunds or usage fees or other charges, pro rata or otherwise; (c) all fees owed by you to us will become immediately due and payable in full; and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide or by their nature should survive shall survive termination of the Terms, including, but not limited to, indemnity, warranty disclaimers and limitations of liability

ENTIRE AGREEMENTThis Agreement constitutes the entire agreement between the parties on the subject matter contained in this Agreement.

APPLICABLE LAW AND LEGAL REMEDIESThe terms and conditions contained herein shall be governed by and construed in accordance with German law, without giving effect to any principles of conflict of laws. The courts of Germany shall have exclusive jurisdiction over all disputes arising from the use of the website.

VIOLENCE MAJEURE
We shall not be liable to you, your users or any third party for any failure to fulfil our obligations under these Terms if such failure is due to an event beyond our reasonable control, including but not limited to acts of war or terrorism, natural disaster, power failure, riot, civil commotion or other force majeure event.

ADJUSTMENT
We have the right to assign or transfer this Agreement to third parties, including its holding company, subsidiaries, affiliates, partners and group companies, without the consent of the User.

CONTACT INFORMATION
If you have any questions about these terms and conditions, please contact us at info@vario-one.com

© Vario One 2022 all rights reserved
en_GBEnglish
de_DEGerman es_ESSpanish fr_FRFrench it_ITItalian en_GBEnglish