PLEASE READ THE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THE GERMAN FOR TRAVELLERS (GFT) WEBSITE (THE “WEBSITE”). ANY USE OF THIS WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF WEBSITE USE. BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE. IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE THIS WEBSITE.
GFT RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.
1. Purpose of the Website
The purpose of this is to offer GERMAN LANGUAGE TRAINING, TIPS AND INFORMATION FOR TRAVELLERS and is not intended to meet the needs of any particular user. This Website is controlled and operated by GFT from its offices within the Province of British Columbia, Canada. GFT and IDC makes no representation that the Website and Website Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Website is in compliance with local laws and the extent to which local laws are applicable.
2. Ownership of Website and Website Materials
The Website, its design, images, and content is owned, operated and is the exclusive property of GFT and contains copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Website. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. GFT shall enforce these intellectual property rights to the fullest extent of the law. 3. Right to Use Website and Website Materials
You, as a user of this Website, are entitled to use the Website and Website Materials for the sole purpose of obtaining GERMAN LANGUAGE TRAINING, TIPS AND INFORMATION FOR TRAVELLERS. The right to use the Website and Website Materials shall not constitute any transfer of any right, title or interest in and to the Website and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Website or Website Materials for any other purpose for the user’s benefit or the benefit of any third party without the express written consent of GFT.
4. Restrictions on Use
No information or material from the Website or Website Materials may be reproduced, redistributed, republished, uploaded, posted, transmitted in any manner whatsoever except for the purpose specified in 3 above.
You shall keep all trademarks, copyright and other proprietary notices or labels of the Website and Website Materials intact.
You agree that you shall not acquire any right, title or interest in the Website and Website Materials through use of the Website and agrees to abide by copyright and other proprietary notices contained therein.
You agree not to copy, transfer, transmit, sublicense or assign this license or transmit the Website or Website Materials over a network, by telephone or electronically using any other means.
You agree not to distribute to or otherwise disseminate through the Website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or solicitation for goods and services.
5. Warranties and Representations
THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USEAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE OR WEBSITE MATERIALS IS WITH YOU. GFT DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FUNCTIONS CONTAINED IN THE WEBSITE AND WEBSITE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY GFT OR BY A REPRESENTATIVE OF GFT SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. GFT DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES.
GFT DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
GFT specifically disclaims any responsibility for the accuracy, content or availability of information found on websites that link with this Website or from third parties websites.
6. Limitation of Liability
By using the Website and Website Materials, you assume all liability and risk for use and absolves GFT of any liability for use of the Website and Website Materials. GFT’s entire liability and the user’s entire remedy shall be a refund on any licence fees paid to us or to discontinue using the Website and Website Materials. In no event will GFT's liability to you extend to any lost of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Website or Website Materials, or for any claim by any other party, even if GFT has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL GFT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Indemnification
You agree to indemnify GFT from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Website and Website Materials or from your breach of the Terms and Conditions of Use. You agree to notify GFT immediately upon becoming aware of any unauthorized use of the Website or Website Materials and take all reasonable steps to prevent subsequent unauthorized use. GFT reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defence.
8. Website Information
You authorize GFT to collect information regarding your use of the Website and to retain all such information for our own purposes. GFT agrees that its use of such information shall not be for any unethical purposes, such as the trading or selling of such information to any other third party. GFT reserves the right at all times to disclose such information about you or your use of the Website and Website Materials necessary to meet any law, regulation, government request or court order. You acknowledge and agree that GFT cannot ensure or guarantee your privacy on the Website and as result any use of the Website shall be at your sole risk. 9. Survival of Obligations
Your obligations pursuant to the provisions of 2,4, 6 and 7 survive the termination of these Terms and Conditions of Use.
10. Termination
Your right to use this Website and Website Materials is subject to your continued compliance with these Terms and Conditions. This right shall terminated automatically without notice should you breach of these Terms and Conditions. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Website and any and all copies thereof.
11. General Terms
Any disputes under these Terms and Conditions of Use shall be governed by the laws of the Province of British Columbia and laws of Canada where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and the Federal Court of Canada, or any other jurisdiction or courts as may be determined by GFT.
These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Website shall constitute the entire agreement between you and GFT.
Should GFT waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.
If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect. |
