Disclaimer / Terms & Conditions / Data Protection
Website terms and conditionsThis site is owned and operated by Gesundziet of Dieselstr. 9, 70736 Fellbach, Germany (referred to here as “Gesundzeit” / "Willow System" / “we” / “us”).
Access to and use of www.willowsystem.com (the “Site”) is provided by Gesundziet subject to the following terms and conditions (the “Terms and Conditions”). Please read them carefully.
By using the Site, you acknowledge that you have read and understood these Terms and Conditions; use of the Site constitutes your acceptance of these Terms and Conditions which take effect on the date which you first use the Site. Gesundziet reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of the Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. If at any time you do not accept the Terms and Conditions, please do not use the Site.
General
All rights, including copyright, in the content of the Site are owned or controlled for these purposes by Gesundziet.
Save as expressly outlined herein, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Site for any other purpose whatsoever without the prior written permission of Gesundziet in each and every instance.
Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use and provided further that you neither change nor delete any author, attribution, trade-mark, legend or copyright notice. When you download materials, you do not obtain any ownership rights to any of the intellectual property in those or any other materials. Any other use requires the prior written permission of Gesundziet. You agree not to adapt, alter or create a derivative work from any of the material contained in the Site or use it for any other purpose other than for your personal non-commercial use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit (whether for commercial gain or otherwise) any content from the Site without our prior written consent and without the prior written consent of all other entities with an interest in the relevant intellectual property.
You agree to use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.
The Site and the information, names, images, pictures, logos and icons regarding or relating to Gesundziet, its products and services (or to third party products and services) is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without any guarantee and/or warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Whilst Gesundziet takes reasonable steps to ensure the quality of content and information made available on the Site in general terms (other than content and information provided by the users of the Site) neither its officers, employees, contractors or content providers assume any responsibility for the accuracy, correctness, relevance, completeness or currency of the information or other content on the Site. For the avoidance of doubt, the information and other content on the Site is for general information only and is not intended to replace or substitute for the services of trained professionals. You should always promptly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site. Gesundziet does not warrant that the functions contained in the material contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other harmful components or represents the full functionality, accuracy, reliability of the materials. You should take appropriate precautions to ensure that any content that you download is free of such viruses, bugs and other harmful content.
The names, images and logos identifying Gesundziet or third parties and their products and services are proprietary marks of Gesundziet and/or third parties. All rights reserved. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of Gesundziet or any other third party. You acknowledge that we own and/or control trade marks on the Site and you may not use any of them without our prior written permission.
The Terms and Conditions apply only to the Site and not to any of the sites which the Site hyperlinks to. We assume no responsibility whatsoever for websites that the Site either hyperlinks to or otherwise refers to. In particular, we do not assume any responsibility for any information or content on such sites (including but not limited to any views, advice, opinions, advertising or recommendations). Nor do we assume any responsibility in connection with any product or service such sites may offer. Under no circumstances will Gesundziet, its officers, employees, contractors or content providers be liable, directly or indirectly, for any loss or damage resulting from you accessing or using, or otherwise in connection with, any website either hyperlinked to or otherwise referred to on the Site. Links do not imply that Gesundziet endorses, is affiliated or associated with any linked site or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Gesundziet or any of its affiliates or subsidiaries.
We control and operate the Site from our offices in Germany. We do not represent that the content or other information provided on the Site (including any advertising, promotion or any service) are appropriate, relevant or available for use outside Germany. If you choose to access the Site from locations outside Germany, you so do on your own initiative and are responsible for compliance with local laws.
In accessing the Site, you agree not to:
(i) make available or upload any files that contain software or other material, data or information not owned or licensed to you;
(ii) interfere, disrupt access to or damage the Site and/or do anything which may restrict, inhibit or impair its operation;
(iii) threaten, stalk, harass, abuse or otherwise insult others or to collect or store personal data about others (including but not limited to names and addresses);
(iv) use the Site in any way that may damage or disrupt another person’s computer and/or for the transmission, uploading or posting of any computer visues or other harmful files or programs (including but not limited to making available, distributing or uploading by any means any material or files that contain any viruses, bugs, “trojan horses”, “worms” or other harmful software);
(v) transmit, post or upload any material which is defamatory, offensive, libellous, racist, indecent, obscene and/or of menacing character or in such a way as to cause inconvenience, annoyance or anxiety;
(vi) make any commercial or business use of the Site or resell or commercially benefit from any part or aspect of the Site;
(vii) use the Site in any way that violates and/or infringes any firm’s, person’s or company’s rights (including by not limited to copyright or confidentiality);
(viii) create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message/post;
(ix) to transmit, upload, post or otherwise make available any unauthorised or unsolicited advertising, chain letters, promotional materials, “spam” or any other unauthorised solicitation or any form of lottery or gambling;
(x) use the Site for any unlawful purpose.
Save as set out in these Terms and Conditions, we do not control the content posted by you and/or other users of the Site and as such do not guarantee the integrity, accuracy or quality of such content. By using the Site you acknowledge that you may be exposed to content that is objectionable or offensive. You acknowledge and accept that we do not generally examine or edit the use to which you or others put the Site or the nature of the content being accessed.
Your contributions
In some parts of the Site (including but not limited to the live forum discussion boards) you may send your contributions and we welcome these. However, notwithstanding anything else contained in these Terms and Conditions, when you do so you must:
(i) ensure that there is nothing in your contribution which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful;
(ii) agree that even if your contribution is published on the Site, it may be removed from the Site or edited at any time for any reason and without notice;
(iii) agree that Ministry of Sound may publish your contribution on the Site worldwide and that it may be accessed and downloaded by other visitors; and
(iv) waive all so-called moral rights (or other similar rights) in relation to your contributions.
You acknowledge that by posting, uploading or sending any materials to us you thereby grant us and our licensors and assigns an irrevocable, unconditional, perpetual, royalty free, worldwide licence to use such material(s) or any part of it both within the Site and in any other manner which we may determine in or sole discretion. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
(i) any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
(ii) any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
(iii) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
In addition to the above, you agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Site which are brought or threatened against us by any other person/company. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Site by you. You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us.
Termination
We reserve the right immediately to terminate your use of the Site if you breach or we have reasonable grounds to believe that you are likely to breach the Terms and Conditions or you otherwise engage in conduct which we determine (in our sole discretion) to be unacceptable.
Advertising and sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.
Competitions
Please ensure that you have read our general competition rules which apply to all of our competitions. When you enter a specific competition we will alert you to any specific rules and/or restrictions applicable to that competition.
Limitation of liability
Except for death and personal injury caused by our negligence, Gesundziet, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of the Site or any information, services or content on the Site.
Data Protection
In line with the German Data Protection Act, Gesundziet take the necessary security measures to safeguard your personal data that is provided to us on the Site. As such we have taken the steps to ensure that there is no unauthorized of unlawful processing or disclosure of data.
All data is:
- fairly and lawfully processed
- processed for limited purposes and not in any manner incompatible with those purposes
- adequate, relevant and not excessive
- accurate - not kept for longer than is necessary
- processed in line with the data subject's rights
- secure
- not transferred to countries without adequate protection
Your rights as an individual
As an individual you have the right to find out what information is held about you on our database. If you wish to know what details are held about you, please write to: HEAD OF DATABASE, Gesundziet, Dieselstr. 9, 70736 Fellbach, Germany. You have the right to ask for your information to be removed from the Site at any time or to ask for your data to be removed from the database. If you wish to unsubscribe at any time to any information you are receiving via any medium, click on the membership link in the navigation and change your opt-in status.
Your rights regarding third parties
Your details may be used for third party promotions and or marketing. Should you NOT wish to have your details used in this way, please write to: HEAD OF DATABASE, Gesundziet, Dieselstr. 9, 70736 Fellbach, Germany and you will be removed from all third party promotions. Alternatively registered users of the Site can opt out from third party promotions by editing their membership details.
Fairness in process
All data that is processed on your behalf will be done fairly. In order to comply with this the following information is readily available if you require it:
- our identity as the data controller
- the identity of any nominated representative controlling the data
- the purpose for which the data will be processed
The German Data Protection Act imposes further restrictions on the processing of sensitive personal data which include information about racial or ethnic origin; political opinions; religious or other beliefs; trade union membership; health, sex life; criminal allegations, proceedings or convictions.
For any further information on the German Data Protection Act, please feel free to contact: data_protection@projektfarm.de
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Gesundziet ignores this, Gesundziet will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Gesundziet shall not be responsible for any breach by it of these Terms and Conditions where such breach is caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The laws of Germany shall govern your use of the Site and you hereby agree to submit to the exclusive jurisdiction of the German courts.
If you have any queries concerning any part of these Terms and Conditions, please contact us at: info@willowsystem.com