INTRODUCTION
Welcome to Drink MyMa GmbH's website. Throughout this agreement, the terms “we”, “us”, and “our” refer to Drink MyMa GmbH. By accessing or using our website, you engage in our services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). Please read these terms carefully before proceeding. If you do not agree to all these terms, then you may not access the website or use any services.
Any new features or tools added to our store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., providing the e-commerce platform for us to sell our products and services to you.
GENERAL CONDITIONS
Your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
The headings used in this agreement are for convenience only and do not limit or affect these Terms.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or have given consent for any minor dependents to use this site.
You agree not to use our products for any unlawful purpose and to comply with the laws in your jurisdiction, including copyright laws.
You must not transmit any worms, viruses, or any code that could harm the functionality of the Service.
Any breach of these Terms will result in immediate termination of the Service
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee the accuracy, completeness, or timeliness of information on this site. You use the material provided at your own risk. Historical information on this site may not be current and should be used for reference only. We reserve the right to modify the contents of this site at any time without obligation to update information.
PRODUCTS OR SERVICES
Some products or services may be exclusively available online with limited quantities subject to our Return Policy. We aim to accurately display product colours and images, though we cannot guarantee your computer monitor's display accuracy.
We reserve the right to limit sales of our products or Services and to change product descriptions and pricing at any time.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us and may limit or cancel quantities purchased per person or per order.
You agree to provide current, complete, and accurate purchase and account information for all transactions.
CHANGES TO TERMS & SERVICES AND PRICE
Prices for our products are subject to change without notice. We may modify or discontinue the Service (or any part of it) without notice at any time.
We shall not be liable for any modification, price change, suspension, or discontinuance of the Service. You agree to review the Terms periodically for changes. Continued use of the Service constitutes acceptance of any changes.
OPTIONAL TOOLS
We provide access to third-party tools without warranties, representations, or conditions and assume no liability for their use. Your use of optional tools is at your own risk, and you should ensure you agree to the terms provided by third-party providers.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
We are not responsible for third-party content, products, or services linked on our site.
Any transactions or interactions with third-party websites are at your own risk, and you should review their policies before engaging.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Comments or submissions may be used by us without restriction and are subject to monitoring and removal at our discretion.
You agree not to submit unlawful, abusive, or misleading content and to be responsible for the accuracy of your submissions.
PRIVACY POLICY
Your personal information is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
At times, there might be instances of typographical errors, inaccuracies, or omissions in the information provided on our site or within our Service, particularly concerning product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information, or even cancel orders, if any information within the Service or on our associated website is found to be inaccurate, at any time and without prior notice (even after an order has been placed).
We are not obligated to routinely update, amend, or clarify information within the Service or on our website, including pricing information, except where mandated by law. The absence of a specified update or refresh date within the Service or on our website should not be construed to mean that all information therein has been altered or updated.
PROHIBITED USES
Alongside the prohibitions outlined in the Terms of Service, you are expressly prohibited from utilising the site or its content in the following ways:
(1) For any unlawful purpose;
(2) To solicit or encourage others to engage in unlawful activities;
(3) To contravene international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(4) To infringe upon our intellectual property rights or those of others;
(5) To engage in behaviours such as harassment, abuse, insult, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(6) To submit false or misleading information;
(7) To upload or transmit viruses or any form of malicious code that may impact the functionality or operation of the Service, related websites, or the Internet;
(8) To collect or track the personal information of others;
(9) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities;
(10) For any obscene or immoral purpose; or
(11) To disrupt or bypass the security features of the Service, related websites, or the Internet.
We retain the right to terminate your access to the Service or any associated website if you are found to be in violation of any of these prohibited uses.
LIMITATION OF LIABILITY
We do not guarantee uninterrupted, secure, or error-free use of the Service.
You agree to use the Service at your own risk, and we shall not be liable for any damages arising from its use.
You expressly acknowledge that your use of, or inability to use, the service is entirely at your own risk. The service, as well as all products and services provided to you through the service, are offered on an "as is" and "as available" basis, with no representation, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless otherwise expressly stated by us.
Under no circumstances shall Drink MyMa GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any nature. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through the service. Additionally, we are not liable for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if we have been advised of the possibility of such damages.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify us from any claims arising from your breach of these Terms or violation of any law.
SEVERABILITY
If any provision of these Terms is deemed unlawful, the remaining provisions shall remain in effect.
TERMINATION
The obligations and liabilities incurred by both parties prior to the termination date shall persist beyond the termination of this agreement.
These Terms of Service remain effective unless terminated by either party. You can terminate these Terms of Service at any time by informing us of your decision to discontinue using our Services or by ceasing to use our site.
If, at our discretion, we determine that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice. In such cases, you will remain responsible for any outstanding amounts owed up to the date of termination, and we may deny you access to our Services or any part thereof.
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not waive such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the complete agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Switzerland, excluding the conflict of laws rules. Exclusive jurisdiction is Zurich, Switzerland.
CONTACT INFORMATION
Questions about these Terms of Service should be sent to hello@drinkmyma.com.