Terms and Conditions – Halexo Digital

1. The Foreword.

1.1 Thank you for choosing Halexo. The following actions shall constitute that you have read, understood and agree to be bound by these Terms and Conditions (hereinafter the “Terms”): (i) your use of this website https://halexodigital.com/ (hereinafter the “Website”); (ii) purchase of goods available for sale via the Website (individually: “Good”, collectively: the “Goods”); (iii) ordering services offered via the Website (hereinafter the “Services”). These Terms lay down the terms and conditions of your use of the Website and provision to you Services and Goods. The Website is owned, maintained and operated by, and the Services and Goods are provided by Halexo Limited, a company incorporated and registered under the laws of the Republic of Cyprus, with its registration number HE 387919, with its registered address at K. Misiaouli & Nt. Kavazoglou, 11, Anthoupoli, 2350, Nicosia, Cyprus (the “Company”, “We”, “Us”, “Our”). You can always contact us via e-mail address [email protected]. Please note that these Terms are applicable to the business relationships between the Company and natural persons. If you represent a legal entity/legal person, please contact us via available means of communication.

2. Website Terms.

2.1. Intellectual property.

2.1.1. All visual interface, texts, images, animations, visuals, computer code, music, trademarks, ideas, design, expressions, patents available on the Website (hereinafter the “Company`s Content”) are legally owned, controlled, or licensed for use by the Company. The Company reserves all rights not expressly granted herein or in the Website or the Company`s Content.

2.1.2. Except as permitted through the Website, or permitted by these Terms, or as otherwise permitted by the Company in writing, you are not allowed to:

License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
Download, copy, broadcast, distribute or make otherwise available the Website and the Company`s Content;
Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Website or the Company`s Content;
Access the Website or the Company`s Content in order to build a similar or competitive website, product, or service.

2.2. Conditions of use.

You agree that you will only use the Website in strict compliance with applicable law and these Terms.

2.2.1 The following actions, activities, and use will be considered as a violation of these Terms:

2.2.2 Use of the Website in a manner which is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;

a. Use of the Website in a manner which is fraudulent, criminal or unlawful;

b. Use of the Website in a manner which is inaccurate or out-of-date;

c. Use of the Website in a manner which is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;

d. Use of the Website in a manner which may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of the Company or any third party;

e. Use of the Website in a manner which is contrary to the interests of the Company;

f. Use of the Website in a manner which consists in impersonation of any other person or body or misrepresents the relationships with any person or body;

g. Posting any materials which contain unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;

h. The exploitation of errors and bugs in the Website to gain access that would otherwise not be available;

i. Use of the Website in a manner which is contrary to any specific rule or requirement which we stipulate on the Website in relation to a particular part of the Website or the Website generally;

j. Use of the Website in a manner which involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines which are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

i. Any attempt to interfere with the functioning of the Website.

3. Contract for the provision of Goods and Services.

3.1 This Contract for the provision of Goods and Services (hereinafter the “Contract”) shall govern the terms of these Terms which relate to the provision to you Goods and Services. This Contract is an integral part of the Terms. Provisions which are not governed by this Contract are governed by the Terms.

3.2 Eligibility.

3.2.1 In order to purchase Goods and/or order Services, you shall be at least 18 (eighteen) years old.

3.3 License to Goods.

3.3.1 When your purchase Goods on the Website, the Company grants you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use and modify Goods for an unlimited number of times under the conditions of these Terms. All the intellectual property rights to Goods are reserved by the Company.

3.3.2 You cannot use Goods in the following manner:

3.3.2.1 Make Goods available for free download for the purpose of exchanging, transferring or distributing;

3.3.2.2 Transfer, resell, sublicense, rent, redistribute, provide access to, share or transfer Goods and/or the rights to Goods to third parties;

3.3.2.3 Use Goods in the manner which violates intellectual property rights of the Company. Examples include, but not limited to:

a. Falsely represent that any Good was created by you or a person/entity other than the Company;

b. Any attempt to patent Goods or attempt to obtain any intellectual property rights to Goods;

3.3.2.4 Use Goods in a way that competes with the Company`s business;

3.3.2.5 Use Goods for illegal purposes.

3.3.3 Clause 3.3 including all subclauses included shall survive the termination of this Contract.

3.4 The Prices.

3.4.1 The prices for Goods and Services are final and include all applicable taxes, fees and charges.

3.5 Delivery, Provision, Performance, and Withdrawals.

3.5.1 For Services.

3.5.1.1 After you place an order for any of Services on the Website, the Company will evaluate whether it is capable, with regard to its own resources, of starting provision to you with any of Services at the moment of placing an order;

3.5.1.2 If the Company is capable of starting provision you with Services within a reasonable time period after placing an order by you, you will be notified by e-mail about this fact and, in this case, you will be contacted by the representative of the Company about the details of your order;

3.5.1.3 In case if the Company is incapable of starting provision you with Services within a reasonable time period after placing an order by you, due to its own reasons, you will be provided with two options: a) wait until the Company will be capable of providing Services to you – in this case, the date of staring provision you with Services and details of your order will be discussed between you and the representative of the Company via email correspondence; or b) terminate the Contract with the Company: in this case, your funds will be refunded by the Company in full amount as soon as possible (but no later than 14 days after the notification from you that you have opted the termination of the Contract);

3.5.1.4 The date of the start of provision to you Services as well as the due date shall be determined between you and the Company via email correspondence.

3.5.1.5 Withdrawal (Refund).

3.5.1.5.1 You have the right to withdraw from the Contract within 14 (fourteen) days starting from the date of the start of the provision to you Services. It means that the Company will reimburse the payment(s) received from you from the Services within 14 days from the day on which the Company has been informed about your decision to terminate the Contract with us;

3.5.1.5.2 In the case of the withdrawal, the Company will reimburse all the sum of your payment for Services if you had made a withdrawal request before the provision of Services was started. In case if you make a withdrawal request within 14 days period from the start of the provision to you Services, you shall pay to the Company an amount which is in proportion to what has been provided until the time you have informed the Company about your decision to withdraw from the Contract; it means that this amount shall be deducted from the sum of reimbursement.

3.5.1.5.3 In order to exercise your withdrawal request, you shall do either:

3.5.1.5.3.1 Send the Company an email with your intention to withdraw from the Contract; or

3.5.1.5.3.2 Use this withdrawal form:

To Halexo Limited, K. Misiaouli & Nt. Kavazoglou, 11, Anthoupoli, 2350, Nicosia, Cyprus, [email protected]:

I hereby give notice that I withdraw from my contract for the provision of the following Service: [identify Services you have ordered],

Ordered on [insert date of purchase] / provision has started on [insert date of the start of the provision],

[Insert your name],

[Insert your address as well as your email address],

Your signature (only if this form is notified on paper),

[Insert date].

3.5.1.5.4 The reimbursement specified above shall be made to the same payment instrument which you used for the initial transaction unless you have expressly agreed otherwise.

3.5.1.5.5 You acknowledge that if Services are fully provided within 14 days from the start of the provision, you will lose your right to withdraw from the Contract.

3.5.2 For Goods.

3.5.2.1 Good(s) you have ordered on the Website shall be delivered to you within 30 (thirty) days starting from the date you have paid for Good(s). The Good(s) shall be considered as delivered either when: a) you have received an email with attached Good(s); or b) when you have been provided with the link to our server by using of which Good(s) can be downloaded;

3.5.2.2 You acknowledge that you lose your right of withdrawal in application to the provision of Goods because the digital content which is not supplied on a tangible medium (for example, in boxes, DVD/CD or other similar means) cannot be returned as prescribed in article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council.

3.5.2.3 Please note that Goods provided to you by the Company shall be compliant with Subjective requirements for conformity and Objective requirements for conformity as provided on articles 7 and 9 of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. In case if Goods are incompliant with Subjective requirements for conformity and Objective requirements for conformity within two years starting from the date of the delivery, the Company shall bring these Goods into conformity. If you have discovered that any Good that you have received from us under this Contract is incompliant with requirements for conformity, please send us an email with the full description of your issue to [email protected]. This clause shall survive the termination of this Contract for a period of two years.

3.6 Term of the Contract.

3.6.1 This Contract shall commence when you have ordered and paid for any Goods and Services on the Website.

3.6.2 This Contract shall be terminated when:

a. If you have ordered Goods: when Goods are delivered to you as prescribed herein;

b. If you have ordered Services: when Services are provided in full and you get an email with a report with the description of Services which have been provided;

c. You have withdrawn from this Contract in accordance with your right to withdraw;

d. You or the Company has terminated this Contract in accordance with another provision of the Contract;

e. You have violated the Terms.

3.7 Consumer dispute resolution and ODR platform.

3.7.1 You can always contact us with any issue concerning the provision to you our Goods or Services, including complaints. Nevertheless, if you deem that your rights under applicable consumer protection rights law are violated, you can follow the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/ and find a solution to your problem.

4. Miscellaneous.

4.1 These Terms constitute the entire agreement between you and us regarding your access to and use of the Website, and provision to you Goods and/or Services.

4.2 Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

4.3 If any provision, clause, phrase, word or application of these Terms is held to be or becomes invalid or unenforceable, such provision, clause, phrase, word shall be struck out and the remaining provisions, clauses, phrases, words shall remain enforceable.

5. Assignment.

5.1 You have no rights to assign these Terms without the prior written consent of the Company. Any assignment without our consent shall be considered as void. The Company reserves the right to assign any part of these Terms or any rights, specified in these Terms without your consent.

6. Privacy Policy.

6.1 All issues relating to the processing of your personal data are covered by the Privacy Policy of the Website. Please read our Privacy Policy prior to use of the Website and placing an order for the Goods and/or Services.

7. Limitation of liability.

7.1 In no event shall the Company, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to you or any third party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from:

a. your use of or access to the Website, or any Company`s Content, Goods or Services distributed on or provided through the Website;

b. for any failure or interruption of the Website; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if the Company or its suppliers have been expressly advised of the possibility of such damages.

7.2 In any event, and without prejudice to the above, the Company’s total maximum aggregate liability under these Terms to you shall not exceed the amount that you have paid the Company for Good(s) and/or Service(s) unless another is prescribed by law.

8. Disclaimer. No Warranties.

8.1 THE WEBSITE, GOODS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES CONTAINED IN THE WEBSITE WILL BE SECURE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, GOODS AND SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, GOODS AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE COMPANY`S WEBSITE, GOODS AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE FOREGOING EXCLUSION DOES NOT AFFECT ANY IMPLIED WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification.

9.1 Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Company, its employees, agents, directors, officers, subcontractors, licensors and suppliers, and any affiliated entities and any successor, assigns and licenses may be harmless including costs and attorneys’ fees, from any claim or demand made by arising directly or indirectly from/or relating to:

a. Your use of the Website, Goods or/and Services;

b. Violation of these Terms by you or anyone using your computer or electronic device;

c. Any claim, loss or damage, which shall be the consequence of your use of the Website, Goods or/and Services;

d. Your violation of any law, statute or regulation while using the Website, Goods or/and Services;

e. Any other matter you are responsible by these Terms or under applicable law.

10. Termination.

10.1 Termination of the Contract shall be done in accordance with the provisions stipulated by the terms of the Contract.

10.2 The following sections and clauses will survive any termination of the Contract: “2.1 Intellectual property.”, “2.2. Conditions of use.”, “3.3. License to Goods.”, “3.5.2.3.”, “3.7.1.”, “4. Miscellaneous.”, “5. Assignment.”, “7. Limitation of Liability.”, “8. Disclaimer. No Warranties.”, “9. Indemnification.”, “11. Governing law.”, “12. Third-Party Websites”.

11. Governing law.

11.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, and any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.

12. Third-party Websites.

12.1 The Website may contain links to the websites, services or resources which are owned and operated by third parties (hereinafter “external resources”). You follow these links/hyperlinks to the external resources at your own risk. We bear no liability for the content of any external resources and bears no responsibility for anything that can happen as a result of your visit to external resources. The Company highly recommend you to consult the “legal” section of the external resource (which include “terms” document) prior to its use.

13. Changes to the Terms.

13.1 The Company may change, amend, modify, or correct these Terms for any reason. In case of any changes, amendments, modifications, or corrections, the Company will post the revised Terms on the Website, change the date of the last revision of the Terms. Your continued use of the Resources after the revised Terms have entered into force shall be considered as a fact that you have read, understood and agree to be bound by the revised Terms.

13.2 Notwithstanding clause 13.1, If you had concluded the Contract with the Company before the new Terms came into force, your relationships with the Company within the frame of the provision to you the ordered Goods and Services shall be governed by the copy of the Contract which you have received to your email address after the confirmation of your order.