Terms and Conditions
TERMS AND CONDITIONS
1. Scope and definitions
1.1. In these terms and conditions « PTO Answers » means Christina Hidek d.b.a PTO Answers having its registered offices Lyndhurst, Ohio and « Customer » means you the customer. "Product" means any products offered by PTO Answers and “Service” means any chargeable or other services which PTO Answers agrees to supply to Customer on these terms and conditions.
1.2. If Customer has agreed, either electronically or via signed agreement with PTO Answers to terms and conditions applicable to this sale of Product and/or Services, then those terms and conditions (“Specific Terms and Conditions”) shall apply to this sale of Product and/or Services. In the event of a contradiction, the Specific Terms and Conditions shall prevail. If no Specific Terms and Conditions exist, then the terms and conditions contained herein – including any information made available via an hyperlink herein (together “Terms and Conditions") shall constitute a sale agreement (“Agreement”) entered into between PTO Answers and Customer, irrespective of whether Customer accepts these Terms and Conditions by a written acknowledgement, by implication, or by acceptance of Products and/or Services hereunder. The Terms and Conditions shall form part of any order placed by Customer (“Order”). Any term or condition on any Order or other document submitted by Customer shall be of no force or effect whatsoever. In particular, acceptance by PTO Answers of an Order sent by Customer shall not be deemed an acceptance of any conflicting or additional terms and conditions. PTO Answers specifically rejects any different or additional terms and conditions proposed by Customer, unless those terms and conditions are mutually agreed in writing in accordance with clause 11.4.
PTO Answers will make every effort to supply Customer with the Products and/or Services listed on the Order Confirmation, there may be occasions where PTO Answers is unable to supply these Products and/or Services because, for example, (i) such Products or Services are no longer available, or (ii) there was a pricing error. In such circumstances PTO Answers, will contact Customer and may suggest alternative Products or Services that Customer might wish to purchase (at the same or different price). In the event of a pricing error, PTO Answers will communicate the correct price to Customer. If Customer does not accept PTO Answers’s proposed substitution or the price modification, then PTO Answers will cancel the Order and refund any money that Customer may have paid to PTO Answers in respect of the Order. Subject to clause 10.5, repayment of such monies will be the extent of PTO Answers’s liability to Customer if PTO Answers is unable to deliver the Products and/or Services ordered by Customer. Once PTO Answers has sent the Order Confirmation to Customer, Customer may not cancel the Order.
3. Delivery and Shipment
Subject to these Terms and Conditions, PTO Answers will supply to Customer (but not install) the Products and/or Services indicated on the Order Confirmation.
4.1. The price for the Products and Services will be the price indicated in the Order Confirmation.
4.2. Prices do not include value added tax or other local taxes or duties (collectively “Taxes”). All Taxes, if any, due on account of purchases hereunder shall be paid by Customer.
4.3. Customer, as importer of the Products, shall be responsible for the payment of all copyright levies, and other similar duties imposed on the Products (or parts thereof) by central or local authorities, collecting societies or other institutions.
4.4 Prices are liable to change at any time, but changes will not affect orders already made.
5. Payment and Refunds
5.1. Payment for all orders must be made by using one of the payment options available on the check out page. Payment must be made in full before the Products will be shipped to Customer or Services rendered to Customer.
5.2. Refunds will not be provided, as due to the digital nature of the Products, they cannot be returned.
6. Data protection
6.2. PTO Answers works with other companies that help PTO Answers provide Products and services to Customer. For more information regarding how PTO Answers may share your information with these companies please click here.
6.3. If Customer wishes to have access to the information that PTO Answers holds concerning Customer, or wants to make any change, or does not want to receive information from PTO Answers or third party companies, Customer should contact us at email@example.com.
7. Proprietary rights
Customer shall not use PTO Answers’s name, logo, trademarks, trade names, trade dress, design, look and feel or other proprietary rights (together “Proprietary Rights”) in any of it’s advertising, communications, publications or other work without the prior written permission of PTO Answers. Customer must not remove, obfuscate, deface, cover or alter any PTO Answers mark or other mark nor add any PTO Answers mark or other mark to any materials provided by PTO Answers nor to any Product. Neither Customer nor its agents will register or use any trademark that may cause confusion with PTO Answers Proprietary Rights.
8.1 Customer agrees that by purchasing a Product, Customer is given a non-transferrable license to use said Product.
8.2. Customer shall be responsible for ensuring that any Product solution ordered by Customer is suitable for Customer’s requirements and is compatible with Customer’s existing systems (hardware and software) and practices.
8.3. Customer shall not copy Products except for back up or for archival purposes, and Customer shall promptly affix to any such copy the same proprietary and copyright notices as were affixed to the original. Except to the extent permitted by law, Customer shall not duplicate, disassemble, de-compile, reverse engineer, modify, create derivative works, or otherwise change a Product or its form.
PTO Answers makes no warranty to customer, either express or implied, with the respect to the Products and Services. To the fullest extent permitted by law, PTO Answers specifically disclaims the implied warranties of merchantability and fitness for a particular purpose as well as any statutory warranty on hidden defects.
10. Limitation of Liability
10.1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of any Services.
10.2. There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.
10.3. Subject to clause 10.5, the maximum aggregate liability of either party to the other on all claims of any kind under or related to this Agreement, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO PTO ANSWERS FOR THE PRODUCT OR SERVICE IN QUESTION. IN NO EVENT SHALL ALL RECOVERIES, WHETER BASED ON A SINGLE CLAIM OR ON SEVERAL CLAIMS, EXCEED ONE HUNDRED THOUSAND EURO (€100,000).
10.4. Subject to clause 10.5, IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING LOST BUSINESS PROFITS OR REVENUE, LOSS OF CONTRACTS, LOSS OF DATA, INTERRUPTION IN USE, UNAVAILABILITY OF DATA, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES. The limitations set forth in clauses 10.3 and 10.4 shall not apply to (i) any claim by PTO Answers against Customer for violation of intellectual property rights, or (ii) for payment of the amount due to PTO Answers by Customer for Products and Services purchased under the Agreement. THE REMEDIES SET FORTH IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM AGAINST APPLE UNDER OR RELATED TO THIS AGREEMENT. Customer waives and relinquishes any right or claim that might arise out of PTO Answers’s refusal to accept Customer’s Order.
10.5. Nothing in the Agreement shall limit or exclude PTO Answers’s liability (i) for death or personal injury caused by PTO Answers’s negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law. In particular, if this Agreement is held to constitute a supply of goods or services to a “consumer” by a competent judge in Customer’s jurisdiction by application of mandatory principles of consumer law in that jurisdiction (“Mandatory Consumer Law”), nothing contained in this Agreement shall exclude or restrict Customer’s rights in relation to the Products and Services to be supplied under the Agreement where to do so is unlawful pursuant to Mandatory Consumer Law.
10.6. Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where Customer purchases the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) are hereby expressly excluded to the maximum extent permitted by law.
11. Governing law / Jurisdiction
11. General Terms
11.1. No waiver – The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind.
11.2. Severability – If any of the provisions, either in part or in full, of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable or invalid, such provision shall be enforced to the maximum extent possible or permissible and this Agreement will be adjusted, if possible, so as to give maximum effect to the original intent and economic effect of the parties with respect to the unenforceable provision and the remaining portions of this Agreement shall remain in full force and effect.
11.3. No assignment – Customer may not assign this Agreement nor any Order related thereto and Customer may not delegate its duties under the Agreement without PTO Answers’s prior written consent which shall not be unreasonably withheld. PTO Answers may assign the Agreement without Customer’s consent provided that such assignment is to an affiliated company forming part of the PTO Answers group of companies.
11.4. Modification – No modification to this Agreement shall be binding unless in writing and signed by an authorized representative of each party.