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Terms and Conditions of Malogica Media

These Terms govern

  • The use of Malogica Media, and,
  • Any other related Agreement or legal relationship with the Owner
  • In a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Malogica Media is provided by:


Malogica Solutions Soc. Uni., Lda.

StartUp Madeira - EV 193

Campus da Penteada

9020-105 Funchal, Madeira

Portugal


"Malogica Media" refers to


  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;

What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Malogica Media. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. By using Malogica Media, Users confirm to meet the following requirements:


  • There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.


Failure to do so will cause unavailability of the Service.


Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Malogica Media.


By registering, Users agree to be fully responsible for all activities that occur under their username and password.


Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:


  • By using the tools provided for account termination on Malogica Media.

Account suspension and deletion

The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:


  • User has violated these Terms; and/or User's access or use of Malogica Media may cause injury to the Owner, other Users or third parties; and/or
  • the use of Malogica Media by the User may cause violation of law or regulations; and/or
  • in case of an investigation by legal action or governmental involvement; and/or
  • the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.
  • The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.


The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Malogica Media

Unless where otherwise specified or clearly recognizable, all content available on Malogica Media is owned or provided by the Owner or its licensors.


The Owner undertakes its utmost effort to ensure that the content provided on Malogica Media infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.


In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Malogica Media - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.


In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Malogica Solutions, nor allow any third party to do so through the User or their device, even without the User's knowledge.


Where explicitly stated on Malogica Media, the User may download, copy and/or share some content available through Malogica Media for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to Malogica Media. By providing content to Malogica Media, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Malogica Media they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Malogica Media as contractually required.


To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Malogica Media.


Users acknowledge, accept and confirm that all content they provide through Malogica Solutions is provided subject to the same general conditions set forth for content on Malogica Media.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Malogica Media. Users acknowledge and accept that the Owner does not filter or moderate such content . However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Malogica Media:


  • if any complaint based on such content is received;
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • where the Owner is made aware that the content, while being accessible via Malogica Media, may represent a risk for Users, third parties and/or the availability of the Service.


The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Malogica Media.

Access to external resources

Through Malogica Media Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.


Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Malogica Media and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.


Users are solely responsible for making sure that their use of Malogica Media and/or the Service violates no applicable law, regulations or third-party rights.


Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Malogica Media or the Service, terminating contracts, reporting any misconduct performed through Malogica Media or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:


  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

“Tell-a-friend”

Malogica Media gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on Malogica Media.


In order to take advantage of this offer, Users may invite others to purchase the Products on Malogica Media by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.


If upon purchase of the Products on Malogica Media any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on Malogica Media.


Tell-a-friend codes may be limited to specific Products among those offered on Malogica Media. benefit that each inviting User can receive, may be limited. The Owner reserves the right to end the offer at any time at its own discretion. While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Malogica Media are held by the Owner and/or its licensors. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Malogica Media and the Service offered.


This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.


All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to Malogica Media via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Malogica Media, is bound by these Terms and, in addition, by the following specific terms:


  • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Malogica Media, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Malogica Media.


To purchase Products, the User must register or log into Malogica Media.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Malogica Media and are subject to change without notice.


While Products on Malogica Media are presented with the greatest accuracy technically possible, representation on Malogica Media through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:


  • By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contact details and a payment method of their choice.
  • After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on Malogica Media, hereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:


  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.


All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on Malogica Media are displayed:


  • including all applicable fees, taxes and costs.

Offers and discounts


The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Malogica Media.


Offers and discounts are always granted at the Owner’s sole discretion.


Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.


Coupons


Offers or discounts can be based on Coupons. If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.


Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.


Unless otherwise stated, these rules apply to the use of Coupons:


  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the
  • Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights,
  • including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.


Methods of payment


Information related to accepted payment methods are made available during the purchasing process.


Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Malogica Media.


All payments are independently processed through third-party services. Therefore, Malogica Media does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.


If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.


Authorization for future PayPal payment


If Users authorize the PayPal feature which allows future purchases, Malogica Media will store an identification code linked to the Users’ PayPal account. This will authorize Malogica Media to automatically process payments for future purchases or recurring installments of past purchases.


This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.


Retention of Product ownership


Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.


Retention of usage rights


Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.


Delivery


Delivery of digital content


Unless otherwise stated, digital content purchased on Malogica Media is delivered via download on the device(s) chosen by Users.


Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.


Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.


Performance of services


Prices, descriptions or availability of Products are outlined in the respective sections of Malogica Media and are subject to change without notice.


While Products on Malogica Media are presented with the greatest accuracy technically possible, representation on Malogica Media through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.


Contract duration


Trial period


Users have the option to test Malogica Media or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of Malogica Solutions may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on Malogica Solutions. The trial period shall end automatically and shall not convert into any paid Product unless the User actively purchases such paid Product.


Subscriptions


Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.


Open-ended subscriptions


Paid subscriptions begin on the day the payment is received by the Owner. In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.


Terms and conditions applying to extra features


Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of Malogica Media. Prices, duration, terms of use and termination of such extras may differ from those of the main Product and, unless otherwise specified, do not influence the prices, duration, terms of use and termination of the latter.


Termination of open-ended subscriptions


Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application. Terminations shall take effect 30 days after the notice of termination has been received by the Owner.


User Rights


Right of withdrawal


Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.


Who the right of withdrawal applies to


Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.


Users that do not fit this qualification, cannot benefit from the rights described in this section.


Exercising the right of withdrawal


To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.


To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires. When does the withdrawal period expire?


  • Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
  • In case of purchase of a digital content not supplied in a tangible medium , the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.


Effects of withdrawal


Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.


However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.


Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.


…on the purchase of services


Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.


Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.


Exceptions from the right of withdrawal


The right of withdrawal does not apply to contracts:


  • for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right of withdrawal is thereby lost;
  • for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  • for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;


Liability And Indemnification


Australian Users

Product description


Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.


US Users
Disclaimer of Warranties


Malogica Media is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.


Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.


The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.


The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.


Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.


Limitations of liability


To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for


any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and


  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal
  • information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.


Indemnification


  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the
  • representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s
  • unique username, password or other security measure, if applicable, including, but not
  • limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or statutory provision by User or its affiliates, officers, directors, agents, co-bra


Common Provisions


No Waiver


The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.


Service interruption


To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.


Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.


Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).


Service reselling


Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Malogica Solutions and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.


Privacy policy


To learn more about the use of their Personal Data, Users may refer to the privacy policy of Malogica Solutions.


Intellectual property rights


Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Malogica Media are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.


All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Malogica Solutions are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.


Changes to these Terms


The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.


Such changes will only affect the relationship with the User for the future.


The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.


The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.


If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.


Assignment of contract


The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.


Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.


Contacts


All communications relating to the use of Malogica Media must be sent using the contact information stated in this document.


Severability


Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.


US Users


Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.


EU Users


Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.


In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.


Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.


Governing law


These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.


Exception for European Consumers


However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.


Venue of jurisdiction


The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.


Exception for European Consumers


The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.


Dispute Resolution


Amicable dispute resolution


Users may bring any disputes to the Owner who will try to resolve them amicably.


While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Malogica Solutions or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.


The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.


The Owner will process the complaint without undue delay and within 21 days of receiving it.


Online dispute resolution for Consumers


The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.


As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.


Definitions And Legal References


Malogica Media  (or this Application)


The property that enables the provision of the Service.


Agreement


Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.


Business User


Any User that does not qualify as a Consumer.


Coupon


Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.


European (or Europe)


Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.


Example withdrawal form


Addressed to:


Malogica Solutions Soc. Uni., Lda.

StartUp Madeira - EV 193

Campus da Penteada

9020-105 Funchal, Madeira

Portugal


I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:


(sign if this form is notified on paper)

Your Concern* Required field!
Date* Required field!
Date* Required field!
Name of Customer (s)* Required field!
Address of Customer (s)* Required field!

Owner (or We)


Indicates the natural person(s) or legal entity that provides Malogica Media and/or the Service to Users.


Product


A good or service available for purchase through Malogica Solutions, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.


Service


The service provided by Malogica Media as described in these Terms and on Malogica Media.


Terms


All provisions applicable to the use of Malogica Media and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.


User (or You)


Indicates any natural person or legal entity using Malogica Media


Consumer


Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.


Latest update: August 10, 2022

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