These Terms govern
- the use of this Web Site and
- any other Agreement or legal relationship with the Owner in a binding manner.
Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Web Site is:
Hale, located at Residenzstrasse 37, 13409
Berlin (Germany) - hereinafter referred to as "Owner".
Holder's email address: hello@halecommunity.com
Hale offers digital support services for improving the mental and sexual well-being of chronic pelvic pain sufferers through guided multimedia sessions and contact with the patient community. Hale also offers free educational content on its website, social media, and related services or products.
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
Unless otherwise specified, the conditions of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using this Web Site you represent that you meet the following requirements:
- There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
Unless otherwise specified, the conditions of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated herein. By using this Web Site you represent that you meet the following requirements: there are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not permitted to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in their terms and conditions or, in their absence, by law.
This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation or the rights of any third party. Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities - e.g. e.g., the judicial or administrative authorities - whenever the User engages in or is suspected of engaging in:
● violations of laws, regulations and/or the Terms;
● infringement of third party rights;
● acts that may considerably prejudice the legitimate interests of
Holder;
● offenses against the Holder or a third party.
No Implied Waiver
The failure of the Owner to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to any specific right or claim.
Discontinuation of the Service
In order to ensure the best possible level of service, the Owner reserves the right to discontinue the Service for purposes of maintenance, system upgrades or any other changes, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will endeavor to ensure that Users can extract their Personal Data and information in accordance with legal requirements.
In addition, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Information on the processing of Personal Data is contained in the privacy policy of this Web Site.
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks - whether denominative or figurative - and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with this Web Site are and shall remain the exclusive property of the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users.
Changes will affect the relationship with the User only in the future.
Continued use of the Service implies User's acceptance of the updated Terms.
If the User does not wish to accept the changes, the User must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement. The previous applicable version continues to govern the relationship until User's acceptance. Such version may be requested from the Owner. If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.
Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably identify a valid and effective substitute provision for the void, invalid, or ineffective provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision.
Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on either party.
The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth in the relevant section of this document.
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
This Web Site (or this Application)
The facility that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of a Consumer.
European (or Europe)
Defines a User physically present or legally based in the European Union, regardless of nationality.
Owner (or Us)
Means the natural or legal person who provides this Web Site and/or offers the Service to
Users.
Service
The service offered through this Web Site as described in the Terms and on this Web Site.
Terms
All conditions applicable to the use of this Web Site and/or the provision of the Service as described in this document as well as in any other document or agreement related thereto, in its most current version respectively.
User (or You)
Means any natural person who uses this Web Site.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.
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