Terms of Use

The present Terms of Use set forth the terms and conditions of use of the website www.handjuice.com as well as the HandJuice application, published by HandJuice SA (hereafter "HandJuice").

1. DEFINITIONS

Under the present Terms of Use the following definitions shall be used

"Account"

account that Subscribers and Advertisers are required to create as part of the registration process.

"Adult Content"

content that may be prohibited to minors in any state or country.

"Advertiser(s)"

any business entity wishing to advertise on the Platforms and that have been authorized by HandJuice to use the Platforms to that effect.

"Content"

text, comments, sounds, videos or other content published on the Platforms.

"HandJuice"

HandJuice SA, CH-550.1.107.074-3, Chemin du Crêt 7, 1025 Saint-Sulpice, Switzerland, including its existing or future affiliates or related companies.

"HandJuice's Content"

text, codes, comments, sounds, videos or other content published on the Platforms by HandJuice, except User Generated Content.

"Illegal Content"

content that may be illegal in law or in equity in any state or country, including as the case may be, Adult Content.

"Personal Data"

means, unless defined otherwise herein or by any law applicable to You, all information relating to You as defined in the Swiss Federal Act of 19 June 1992 on Data Protection (FADP, RS 235.1). Any reference to the FADP shall always also include a reference to the Ordinance to the FADP (the OFADP, RS 235.11) and any other provision of the substantive Swiss data protection law.

"Platform(s)"

HandJuice web and app advertising platforms.

"Promotional Offers"

offers to Subscribers through Vouchers, Deals, Discounts, Gift Cards inclusive of electronic versions.

"Products" "Services"

Products, Services offered by HandJuice, Subscribers on the Platforms, including but not limited to advertisement opportunities for Advertisers and Promotional Offers to Subscribers.

"Subscriber"

any user of the Platforms having completed the registration process and created an Account as Subscriber.

"Subscription Fees"

fees due by Subscribers to HandJuice for being able to get access to the Services.

"Terms of Use"

the latest version of the present terms of use available on the Website.

"User Generated Content"

text, comments, sounds, videos or other content, including Video Ads and Vouchers that Advertisers or Subscribers publish on the Platforms.

"Video Ad(s)"

an advertisement video published by an Advertiser.

"Visitor(s)"

non-registered users of the Platforms.

"Voucher"

a digital coupon containing a QR code or a promotional code that entitles the holder to a Promotional Offer proposed by the Advertiser.

"You" "Your"

as a Visitor or Subscriber. Including but not limited to other descriptions such as advertiser, purchaser, buyer, supplier, wholesaler, distributer, manufacturer, proprietor, customer, client, importer, exporter, business, vendor, consignee

"Primary Language"

English being the primary language of the HandJuice Platform.

"Primary Currency"

The primary default currency of HandJuice is CHF (Swiss francs) and the exchange rate the latest exchange rate published by www.reuters.com

Gift card

For the purposes of these terms and conditions 'Gift Cards' refers to both Gift Cards and electronic e-Gift Cards (unless otherwise stated) that are listed on the HandJuice Platform.


2.
THE PLATFORM

HandJuice Platform, available as a Website and as a Mobile Application to Subscribers and Visitors. The present Terms of Use apply to all Visitors and Subscribers of the Platforms. In case You do not agree with the present Terms of Use, You may not use or visit the Platform.

Acceptance of Terms:

These provisions (including the Privacy Policy together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the handjuice.com website (the "Platform") whether as a Visitor or Subscriber.

We may update these Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Platform.

You should review the Terms periodically for changes. By using the Platform you agree to be bound by these Terms. If you do not agree to these Terms then please do not use the Services or any part of them.

In the event of any discrepancy between the French, (or any other supported language on the Platform) and the English version of the present document(s), the English version shall prevail.

The Platform is available for individuals aged 18 years or older. If You are not 18 years or older, You should refrain from using or visiting the Platform.

3. SERVICES

HandJuice offers the Platform to Advertisers to Advertise, and Sell their Products and Services directly to Subscribers and Visitors.

  • When You decide to purchase Products/Services on the HandJuice Platform the resulting legal contract is between You and that Advertiser and such contract shall compromise of these Customer Terms, the email confirmation of Your order and the applicable details on the Product page and You agree to be bound by all such provisions.
  • You should carefully review the Terms, the email confirmation of Your order and the applicable details on the Product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of Your order or the applicable details on the product page, these Terms shall prevail to the extent of the conflict or inconsistency.
  • We cannot give any undertaking, that Products/Services You purchase from Advertisers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by Law. This disclaimer does not affect Your statutory rights against the Advertiser. When You order Products/Services and/or services through the Site we may disclose Your customer information related to that transaction to the relevant Advertiser in accordance with our Privacy Policy.
  • We do not review or control, and are not responsible in any way for, listings provided by Advertisers and at no time do we possess any items offered for sale by Advertisers through the Platform.
  • You understand and agree that You are purchasing the Product and Service directly from the Advertiser and must contact the Advertiser (via HandJuice) in order to benefit from the Products, Services, Promotional Offers that the Advertiser has listed on the HandJuice Platform and that the Advertiser is solely responsible to deliver and comply as such. You must address and resolve all disputes, claims, warranties etc. related to Your purchase of the Product/Service directly with the Advertiser.
  • HandJuice cannot be held liable for delivering the Products, Services and Promotional Offers on behalf of Advertisers. HandJuice may however decide, at its own discretion, and without any obligation to offer one gift Voucher per individual and of a fair and nominal value and as determined solely by HandJuice to be redeemed on its Platform to a Subscriber to whom the Advertiser would not have delivered and complied with its Promotional Offer, Product or Service. In such case, HandJuice hereby expressly reserves the right to claim indemnification of an equivalent value from the Advertiser that has not delivered and or complied with its obligations.
  • You, as a User of the Products /Services, understand and agree to abide by the terms and conditions on HandJuice Platform. By subscribing to the Platforms, You expressly agree to receive communications at Your nominated address provided at the time of Registration and or via e-mails, web or notifications via mobile app from HandJuice with or without Video Advertisements. You can unsubscribe to the Services any time, but HandJuice will keep Your Personal Data in compliance with HandJuice Privacy Policy and where required to do so by Law.


The Contract:

Each order You place shall be deemed to be an offer by You to purchase the Products/Services specified within it subject to the terms and the applicable details on the Product page.

No order shall be deemed to be accepted by the Advertiser until we HandJuice (acting as the commercial agent of the Advertiser) issue an email acknowledgement of order. The contract between You and an Advertiser will relate only to those Products/Services notified in the email acknowledgement of order.

We must receive payment in full for the Products/Services that You order before Your order can be accepted. Once payment has been received by us we will confirm that Your order has been accepted by sending an email to You at the email address that You provide.

Our acceptance of Your order brings into existence a legally binding contract between us.

For business or corporate purchasers with orders over Swiss Francs 5000, we may, at our discretion, allow such customers to make payment after receiving an invoice from us. This is subject to satisfactory credit references.

Payment:

Purchases for Products/Services You make with Advertisers may only be paid for using a credit card or PayPal through our payment facility (or any other payment method(s) which we may make available from time to time).

In accepting or otherwise processing Your payments related to the purchase of items from Advertisers, we act in the capacity as commercial agent of the Advertiser. The Advertiser acknowledges and agrees that the valid payment by You to us for the purchase of item(s) between You and the Advertiser will satisfy Your obligation to pay the Advertiser for the relevant item(s) and consequently, any debt obligations owed by You to the Advertiser for the purchase of such items shall be extinguished at that time.

The Advertiser further agrees that it will not seek recourse (legal or otherwise) against You for payment of items if You have validly paid us.

All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge You an additional fee for certain transactions (for example, international transactions).

You accept that item prices in the currencies displayed may vary according to Your location; delivery charges will vary depending on the destination. Prices quoted include any applicable VAT.

Refusal of transaction:

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to You or any third party by reason of so refusing or by reason of unwinding or by reason of suspending any transaction after processing has begun.

Delivery:

Your shopping basket on the Platform displays the items You have chosen, the Advertiser who shall provide them and details of postage and packing. The delivery costs for each Advertiser vary according to the delivery locations and methods they offer. Any delivery times quoted are in working days. Every order is sent to You directly by the Advertiser. If you order items from more than one Advertiser you will receive more than one delivery.

The Advertiser will deliver the Products You ordered on our Platform to the address You give us for delivery at the time You make your order. It is, however, Your responsibility to provide us with accurate delivery address details. We will not check or verify addresses and messages supplied by You. If You fail to accept the delivery and the package is returned to the Shipper You will be charged for all the related expenses incurred as a consequence.

You will become the owner of the Products/Services You have ordered when they have been delivered to You. Once Products/Services have been delivered to You they will be held at Your own risk and we will not be liable for their loss or destruction.

The Advertiser is liable for its Products or Services. For example if the Products the Advertiser delivers are not what You ordered, damaged, defective, shipping is delayed or any other reason whosoever HandJuice shall have no liability to You or any Party(s) as set out under our terms and conditions.

If You notify us of a problem to us our only obligation will be:

  • To inform the Advertiser and request to make good any shortage or non-delivery.
  • To inform the Advertiser to supply and deliver substitute Products if Your original choice cannot be delivered for any reason.
  • To inform the Advertiser to replace any Products that are damaged or defective or to inform the Advertiser to refund to You the amount paid by You for the Products in question.


Returns:

All Perishables and Food Products are non-returnable/ refundable.

Customized, discounted and special Products/Services are non-returnable/refundable.

In some instances You may be eligible for a return or refund for example if the Product is incorrect, received in a damaged condition, is faulty or the information provided in the Product page was inaccurate.

In accordance the returns/refunds shall be made by the Advertiser where applicable and with respect to Your Statutory Rights and the Laws. Do not discard or utilize the Product in question as this may affect your Claims. All claims must be made within 7 days, of You, receiving your Products.

Price

The prices payable for Products/Services that You order are as set out on our website.

In most instances You will be required to pay extra for delivery. The delivery charges can be found on each Product page and are calculated during the checkout process.

Re-Sale

You are not permitted to sell and must not offer for sale or re-sell any of the products/services listed on the HandJuice platform without written authorization.

Products and Nuts/Allergens

Products listed on the Platform may contain nuts so we cannot guarantee they are free from nut traces and or other allergens.

Custom Business Orders

For corporate purchasers of customized Products/Services the following shall apply:

  • All necessary approvals and artwork must be received by us at least 28 days before the intended delivery date of the products.
  • You will be required to pay for any artwork and associated costs at the rates quoted for each Product on our website.
  • We have Your permission to use Your media such as artwork and logos, for the purposes of printing and fulfilling the order.
  • The design, lay out of the artwork must be approved by an authorized person within Your business prior to any work being carried out.
  • Where custom order has been requested and approved and the order is subsequently cancelled by the corporate purchaser, a payment of 60% of the invoice value of the Products must be paid to HandJuice.


4.
PROMOTIONAL OFFERS

Promotional Offers may be in various forms including digital versions of Vouchers, Deals, Discounts, Promotional Gift Cards that are offered by the Advertiser on the HandJuice Platform.

  • Vouchers shall be published on the HandJuice Platform. HandJuice will offer the Vouchers for sale on and or within the Dates in its discretion. The Advertiser and Subscriber will comply with all the conditions and special instructions if any.
  • All Promotional Offers listed by the Advertiser on the HandJuice Platform can only be redeemed on the HandJuice Platform. The Promotional Offers cannot be redeemed on the Advertisers website or in any other digital or physical store anywhere other than HandJuice.
  • Some promotional offers when applicable are not valid in conjunction with any other offer. Offers can only be redeemed with a valid offer code on the HandJuice Platform.
  • All Offers including free delivery offers wherever applicable apply to one person and one address per order with a standard delivery and the code is valid for one order per registered customer.
  • HandJuice will deliver the Voucher to the Purchaser. Once a Voucher is Activated and delivered to the Purchaser, Advertiser shall be solely responsible for all customer Service in connection with the Voucher and for supplying all Products and Services specified in the Voucher.
  • Each Voucher will be subject to no restrictions other than as provided herein. Each Voucher will expire on the Voucher Expiration Date. However, after the Voucher Expiration Date, Advertiser shall, for the amount of time required by applicable law: (a) continue to allow unredeemed Vouchers to be redeemed for the Product /Service specified on the Voucher or (b) allow the Voucher to be redeemed to purchase Products/ Services from Advertiser for up to the amount the Purchaser paid for the Voucher.
  • If the Voucher is redeemed for less than its face value, the Advertiser will be responsible for issuing a credit or cash equal to the difference between the face value and the amount redeemed.
  • HandJuice further reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue publishing any Voucher and to require the Advertiser to edit or modify the same for any reason, including, without limitation, to conform the Voucher to HandJuice specifications or applicable Laws.


Gift Cards:

  • For the purposes of these terms and conditions 'Gift Cards' refers to both Gift Cards and electronic e-Gift Cards (unless otherwise stated) that are listed on the HandJuice Platform.
  • The Gift Card that You purchase on the Platform is not a cheque guarantee, credit, debit or charge card and cannot be exchanged for cash, returned or refunded, except in accordance with Your legal rights.
  • Gift Cards that You Purchase on the HandJuice Platform are accepted on handjuice.com as a method of payment and are exempt from all offers online and cannot be discounted.
  • They can be activated with a minimum value of CHF 5.00 and have a maximum value limit of CHF 500. - or supported countries/currency equivalent.
  • Gift Cards must be redeemed on the HandJuice Platform and cannot be used for payment in any physical or digital store anywhere including the Advertiser Stores, Online stores, franchises, and concessions, in third party department stores or independent retail outlets.
  • To use Your Gift Card online at handjuice.com simply enter the number on the Gift Card and PIN number at the checkout page to redeem the credit towards Your purchase. Any balance remaining after Your transaction will remain on the Gift Card. The value on the Gift Card will expire if not used, credit redeemed or credit topped up within 24 consecutive months from the date of activity.
  • You can credit and top-up stored value on Your Gift Card by credit card only on the HandJuice Platform. The minimum value You can credit Your Gift Card with each time is CHF 5.00; the maximum amount is CHF 500. - The maximum credit value You can store on Your Gift Card at any time is CHF 500. -
  • A Gift Card is intended for Your personal use and, as such, You are not entitled to sell, distribute or otherwise make any commercial use of Your Gift Card. For the avoidance of doubt, this shall not prevent You from giving a Gift Card as a gift, provided that such gifting is not part of or connected to any commercial activity, unless otherwise agreed in writing with HandJuice.
  • You may obtain information about the remaining balance on the card at any time online by registering on our website or contacting us via e-mail info@handjuice.com
  • We reserve the right to amend these terms & conditions in relation to our Products and the purchase of them, where we consider it reasonable and necessary to do so.


5.
AGREEMENT

By using/visiting the Platforms as an Advertiser, as a Subscriber or as a Visitor, You expressly agree to the present Terms of Use - including all updates, revisions and modifications - as well as to HandJuice's Privacy Policy.

In case You are not an individual, You warrant that You dispose of all necessary corporate or equivalent authority and powers to agree to the present Terms of Use, which shall be binding upon the corporation, partnership or other entity in whose name You have registered as a Subscriber.

HandJuice may, in its sole discretion and without notice, modify or revise the present Terms of Use at any time, and You agree to be bound by such modifications or revisions. Any modification, update or revision of the present Terms of Use shall become automatically effective and binding as from the date of their publication on the Platforms. It is Your responsibility to consult and revert to the last available version of the present Terms of Use as posted on the Platforms.

The Platforms are available for individuals aged 18 years or older. If You are not 18 years or older, You should refrain from using or visiting the Platforms.

The present Terms of Use apply to Advertisers, Visitors and all Subscribers of the Platforms.

In case You do not agree with the present Terms of Use, You may not use or visit the Platforms.

6. REGISTERING WITH HANDJUICE

6.1. Functionalities requiring the creation of an Account

Visitors are only allowed to access the Platforms and to consult their content. The use of all others functionalities of the Platforms and posting comments requires a successful registration with HandJuice as a Subscriber and the creation of an Account.

6.2. Opening of an Account

In order to register with HandJuice and open an Account, You will be required to provide HandJuice with the following information:

  • Name
  • Year of birth
  • Postal address
  • User name.
  • Country of residence;
  • Email address;
  • Phone numbers;
  • Payment details
  • For Advertisers: Company details including VAT number
  • Other necessary information as requested in the sign-up process.

HandJuice will only use Your Personal Data in accordance with HandJuice's Privacy policy and in compliance with the FDAP (RS, 235.1).

When creating Your Account, You must provide HandJuice with accurate and complete information only. You are solely responsible for the activity that occurs on Your Account and for maintaining the confidentiality and security of Your Account. You must keep Your Account password secure and not reveal Your Account information to anyone else or use anyone else's Account. It is also Your responsibility to notify HandJuice immediately of any breach of security or unauthorized use of Your Account.

HandJuice disclaims all liability for losses caused by any unauthorized use of or Access to Your Account. HOWEVER, YOU may be HELD liable for the losses of HandJuice or others due to such unauthorized use.

By providing HandJuice with Personal Data in relation with the creation of an Account, You expressly authorize HandJuice to collect and process such information for the purpose of management of the Platforms. At all times, HandJuice will respect all requirements of applicable data protection laws and in particular, HandJuice undertakes not to transfer any of Your Personal Data to any third party without Your express consent.

HandJuice's Privacy Policy is further applicable and is by this reference fully part of the present Terms of Use.

Please also note the following:

  • HandJuice reserves the right to suspend or terminate Your Account at any time, in case HandJuice determines, in its sole discretion, that such measure is necessary as a consequence of Your violation of the present Terms of Use or any other HandJuice policy;
  • As part of the registration process and creation of an Account, You may be required to transmit evidence of Your identity (resp. of corporate identity) and domiciliation to HandJuice;
  • HandJuice reserves at all times its right to decline Subscribers' registration. You agree and acknowledge that the present Terms of Use does not grant You any right to register with HandJuice. In particular, HandJuice may restrict the availability of all or part of the Services to certain geographic areas or interrupt the Services at all times if it deems appropriate.


7.
PAYMENTS CONDITIONS

You agree that HandJuice may charge Your credit card or PayPal account for any Service purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with Your Account.

The currency is CHF (Swiss francs) and the exchange rate the latest exchange rate published by www.reuters.com.

For Subscribers only:

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SUBSCRIPTION FEES AND FOR PROVIDING HANDJUICE WITH VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF SERVICES.

All Subscription Fees will be billed to the credit card or PayPal account designated during the registration process. If You want to designate a different credit card or PayPal Account or if there is a change in Your credit card or PayPal account status, You must notify HandJuice and change Your Account information.

For further details regarding payment and Subscription Fees: please go to www.handjuice.com

8. YOUR USE OF THE PLATFORMS

8.1. General conditions

Pursuant to the present Terms of Use, HandJuice grants You the permission to access the Platforms and to use its different functionalities, under the following conditions:

a. You may not, under any circumstance, alter or modify any part of the Platforms, except by submitting User Generated Content in the respect of the rules set forth in the present Terms of Use;

b. You may not launch any automated system, including without limitation, "robots," "spiders," or "offline readers," "virus", "worms", "Trojan horse", having the purpose or effect to detrimentally affect the Platforms;

c. You may not collect any Personal Data, including account names, or Content from the Platforms, including User Generated Content, nor use the communication systems provided by HandJuice to its Subscribers for any commercial solicitation purposes;

d.Your use of the Platforms requires one or more compatible electronic devices, internet access and certain software and may require obtaining updates or upgrades from time to time. As the use of the Platforms involves hardware, software, and Internet access, Your ability to use the Platforms may be affected by the performance of such materials. You agree that such system requirements, as modified from time to time, are under Your responsibility;

e. You shall be solely responsible for User Generated Content and the consequences of posting such content. HandJuice does not guarantee any confidentiality in relation with User Generated Content;

f. You are aware that by using the Platforms, You may encounter Content that You may find offensive, indecent, or objectionable. Nevertheless, You agree to use the Platforms at Your sole risk. You agree that HandJuice. shall assume no liability for content that You may find to be offensive, indecent, or objectionable. In case You find something on the Platforms to be offensive, indecent, or objectionable, please contact HandJuice and report the problem;

g. You agree that You will not attempt to, or encourage or assist any other person to, circumvent or modify any component of the Platforms;

HandJuice reserves the right to discontinue any aspect of the Platforms at any time.

9. PUBLISHING CONTENT ON THE PLATFORMS

HandJuice allows Advertisers and Subscribers to post User Generated Content at the conditions and in the form set forth in the present Terms of Use.

9.1. User Generated Content

a. You represent and warrant that You dispose of the necessary rights and authorizations to use and upload User Generated Content.

b. You agree not to upload on the Platforms Adult Content, Illegal Content or any form of violent, hatred, offensive content or content that relates directly or indirectly to gambling, betting, tobacco, cigars, cigarettes, including e-cigarettes, alcohol (to the exclusion of wine and champagne advertised to Subscribers over 18 only), sex, drug, weapons or any regulated or prohibited business;

c. You agree not to upload on the Platforms any political or religious content;

d. You agree not to upload on the Platforms content that is copyrighted, protected by trademarks, trade secrets, privacy law or otherwise subject to third party proprietary rights unless You are the owner of such rights or have permission from their owner to display and distribute such content;

e. You agree not to upload on the Platforms content which includes pornography, dangerous or illegal acts, unlawful, obscene, defamatory, racist or libelous material, or sexually explicit content;

f. You agree not to threaten, harass or misbehave in any way with regard to any other user of the Platforms;

g. You agree not to upload on the Platforms content which is contrary to public policy, or any applicable laws, regulations or bona mores.

HandJuice shall determine in its sole discretion whether User Content is appropriate and complies with the present Terms of Use. You agree that HandJuice may at any time, without prior notice and in its sole discretion, remove any of User Generated Content and/or terminate Your Account if HandJuice suspects that such Content was uploaded in violation of the present Terms of Use. You acknowledge that HandJuice is under a legal obligation to remove or to block the access to any clearly Illegal Content, which has been effectively brought to HandJuice's attention. You acknowledge and accept that Your failure to comply with the present Terms of Use may result in User Generated Content being removed, perpetually deleted and/or Your Account being deactivated without prior notice.

9.2. HandJuice's Content

"HandJuice" is a registered trademark of HandJuice. More generally, all HandJuice Content is the exclusive property of HandJuice and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights.

HandJuice grants You a personal, non-exclusive, non-transferable and revocable right to access and use the Platforms, under the condition that You strictly comply with the present Terms of Use.

HandJuice's Content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited without the prior written consent of HandJuice.

You agree not to use or exploit the HandJuice's Content in any manner inconsistent with the present Terms of Use and in particular, You shall always respect all rights granted or restrictions set forth herein. You are not allowed to modify, edit, translate, adapt, or disassemble HandJuice's Content or to create derivative works based upon HandJuice's Content.

All rights not expressly granted in the present Terms of Use are reserved to HandJuice and its licensors.

10. INTELLECTUAL PROPERTY

10.1. User Generated Content

HandJuice does not claim any ownership rights in relation with any of User Generated Content. You shall retain all ownership rights on User Generated Content and shall continue to have the right to freely use such material even after submitting User Generated Content to the Platforms.

HandJuice IS SOLELY A PLATFORM MADE AVAILABLE TO USERS "AS IS" WITHOUT ANY WARRANTY. HandJuice expressly disclaims any and all liability in connection with USER GENERATED Content. HandJuice does not permit and will not tolerate any infringement of intellectual property rights on the Platforms. HandJuice may remove, without prior notice, all User Generated Content if notified that such content infringes on another's intellectual property rights.

By submitting User Generated Content to the Platforms, You agree to allow other Subscribers to use User Generated Content in conformity with the present Terms of Use for the entire period in which User Generated Content is hosted on the Platforms.

While HandJuice makes its best efforts to protect User Generated Content against such risks, HandJuice shall NOT assume ANY liability in casE User Generated Content is SUbject TO BREACH OF LAW, MISAPPROPRIATION AND/OR PIRACY. YOU are responsible for taking all appropriate MEASURES to protect User Generated Content AND ENSURE THAT IT DOES NOT BREACH ANY LAW.

You grant HandJuice the non-exclusive, royalty-free license to reproduce, use, display and distribute User Generated Content You post on the Platforms, in whole or in part, through any media and telecommunications technology providing access to the Platforms. You grant such license to HandJuice for as long as User Generated Content remains hosted on the Platforms.

You may access other's User Generated Content solely for Your personal and non-commercial use and in the respect of the present Terms of Use. In particular, You must not attempt to distribute, commercialize, transmit, license, copy or lease any other User's Content without such User prior authorization.

10.2. Intellectual property rights' notification

In case You consider that Content is displayed on the Platforms in violation of Your intellectual property rights, You shall contact HandJuice with all necessary information at info@handjuice.com. HandJuice will address Your claim without delay and, to its discretion, remove the said Content from the Platforms.

11. LIABILITY

11.1. General warranty - Disclaimer

YOU AGREE THAT YOUR USE OF THE PLATFORMS SHALL BE AT YOUR SOLE RISK AND LIABILITY. YOU ACKNOWLEDGE THAT THE PLATFORMS, THE CONTENT AVAILABLE ON THE PLATFORMS, INCLUDING USER GENERATED CONTENT, AND THE SERVICES ARE PROVIDED TO YOU "AS IS" AND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANDJUICE, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORMS AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY APPLICABLE LAW OR REGULATIONS.

FURTHERMORE, HANDJUICE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY FOR THE ACCURACY, LEGALITY OR COMPLETENESS OF THE CONTENT AVAILABLE ON THE PLATFORMS, INCLUDING USER GENERATED CONTENT OR THE CONTENT OF ANY WEBSITE OR APP LINKED TO THE PLATFORMS, INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES, INACCURACIES OF CONTENT, AS WELL AS ITS TIMELY AND PROPER, DELIVERY, OR LIMITATIONS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORMS, ANY UNAUTHORIZED ACCESS TO OR USE OF HANDJUICE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM HANDJUICE'S PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, UPLOADED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORMS. HANDJUICE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORMS OR ANY HYPERLINKED WEBSITE, APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. IN NO EVENT SHALL HANDJUICE BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11.2. Specific Disclaimer

Subscribers are fully aware and accept that HandJuice IS not part - and SHALL UNDER NO CIRCUMSTANCE BECOME PART - of any contractual relationship entered into by and BETWEEN Subscribers AND AVERTISERS As a result of THEIR USE OF THE PLATFORMS.

Accordingly, in no event will HandJuice be liable to visitors, SUBSCRIBERS or advertisers for any consequential, indirect, exemplary, incidental, punitive damages OR DAMAGES OF ANY OTHER KIND arising from, oR in RELATION with, the SERVICES or any voucher or commercial relationship that SUBSCRIBERS and advertisers may enter into as a result of the use of the services.

In particular, the advertisers are exclusively liable to Subscribers for the PROMOTIONAL OFFERS and HandJuice shall bear no liability whatsoever for the promotionAL OFFERS MADE by Advertisers to Subscribers. You waive all right to engage in civil or criminal proceedings towards HandJuice for the CONTENT PUBLISHED by Advertisers on the platforms as well as for promotionAL OFFERS MADE by avertisers to subscribers.

11.3. Limitation of liability

YOU AGREE THAT HANDJUICE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGES OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE PLATFORMS, REGARDLESS OF WHETHER SUCH DAMAGE IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RESULTING FROM OR IN CONNECTION WITH THE PLATFORMS AND THE CONTENT OF THE PLATFORMS, INCLUDING User Generated CONTENT, HANDJUICE CONTENT OR THE CONTENT OF ANY WEBSITES OR APPS LINKED TO THE PLATFORMS, INCLUDING BUT NOT LIMITED TO ERRORS OR INACURRACIES IN SUCH CONTENT, DELAYS, INTERRUPTIONS, FAILURE, POOR QUALITY OR LIMITATIONS OF ANY KIND IN ITS DELIVERY OR IN THE PERFORMANCE OF SERVICES OFFERED ON THE PLATFORMS, PROMOTIONAL OFFERS; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORMS, ANY UNAUTHORIZED ACCESS TO OR USE OF HANDJUICE'S SECURE SERVERS AND/OR PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMS, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, UPLOADED, EMAILED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORMS.

YOU SPECIFICALLY ACKNOWLEDGE THAT HANDJUICE SHALL NOT BE LIABLE FOR ANY CONTENT HOSTED ON THE PLATFORMS, NOR FOR ANY CONDUCT OF ANY USER OR THIRD PARTY THAT OCCURS IN VIOLATION OF THE PRESENT TERMS OF USE AND/OR THE APPLICABLE LAWS AND REGULATIONS.

YOU ALSO ACKNOWLEDGE HEREBY THAT YOU BEAR THE ENTIRE RISK OF ANY HARM OR DAMAGE RESULTING FROM OR IN CONNECTION WITH THE FOREGOING.

The Platforms are managed and offered by HandJuice from its corporate headquarters in Switzerland. HandJuice makes no representations that the Platforms are appropriate or available for use in other locations. Those who access or use the Platforms from other jurisdictions do so under their own responsibility and are responsible for compliance with locally applicable laws.

12. INDEMNIFICATION

You agree to defend, indemnify and hold HandJuice, its affiliates, officers, directors, employees and agents harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, costs or debt, interest, award, judgment, diminution in value, fine, fee (including attorneys' fees), and penalty, or other charge (including but not limited to attorneys' fees) arising from or relating to (i) User Generated Content, (ii) Your violation of the present Terms of Use, the Privacy Policy or any other policy of HandJuice; (iii) more generally Your use of the Platforms; and (iv) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights. Or any claim that User Generated Content caused damage to a third party. This defense and indemnification will survive the present Terms of Use and Your use of the Platforms.

13. MISCELLANEOUS

Subscribers and HandJuice are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the present Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. HandJuice's failure to act with respect to a breach by Subscribers does not waive HandJuice's right to act with respect to subsequent or similar breaches. HandJuice shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond HandJuice's reasonable control.

HandJuice reserves the right to takes all steps HandJuice deems necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use. HandJuice has the right, without liability to You, to disclose any of Your Personal Data to law enforcement authorities, government officials, and/or a third party, as HandJuice believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the present Terms of Use.

The present Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HandJuice without restriction.

14. GOVERNING LAW AND JURISDICTION

The present Terms of Use shall be governed, interpreted and construed by, under and pursuant to the substantive laws of Switzerland, without reference to its conflict of laws' provisions.

You agree that any dispute, controversy or claim arising out of or in relation to the present Terms of Use, including the validity, invalidity, breach or termination thereof, shall be decided exclusively by the ordinary courts of Switzerland, the jurisdiction shall be Lausanne, Switzerland.

Date Updated [01/09/2015]