TERMS AND CONDICTIONS
1. Thalamus S.A. hereinafter referred to as “Thalamus”, offers a portal (hereinafter “Platform”) to request non-binding quotes, to book Thalamus its Marketing Software as a Service platform and further services as simple as possible by using the functions provided in the Platform (all together “Functions”).
2. These terms shall apply in relation to your use of the Platform and its Functions.
3. The quotes generated in the Platform are not binding and do not constitute a contract about for the use of the Marketing Software as Service platform (hereinafter “Marketing Software as Service”). The conclusion of a contract about for the Marketing Software as Service requires the acceptance of a binding offer by the respective Thalamus entity, which you can submit by selecting and booking a service in the Platform. The Marketing Software as Service is subject to the respective Terms and Conditions which will be accepted separately by you in the booking process.
4. You shall use the Platform only for Thalamus related purposes set out in paragraph 1. You are not allowed to (a) modify, interfere with, disable any features, functionality or security controls of the Platform and its functions; (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms of the Platform and its functions, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of the Platform and its functions.
5. You accept that Thalamus is free to modify the Functions of the Platform or replace it with another IT-Solution at its sole discretion at any time.
7. You are responsible for all activities conducted via the Platform including but not limited to other notification functionalities in accordance with the applicable competition and data protection laws. In particular you shall obtain the consent of the addressee before you use the “Call Me” or the “Send It” functions. On request of Thalamus you shall provide Thalamus with evidence of the consent. You shall not forward any quotes to Competitors of Thalamus or its affiliates. Competitors of Thalamus are defined as any Company that offers marketing services and related services.
8. You shall take all necessary steps to ensure that you do not transmit or receive any computer viruses, worms or other programs whatsoever that may or are intended to damage, interfere with, intercept or expropriate any system, data or information whatsoever of Thalamus.
9. You shall ensure that all information which you provide to Thalamus via the Platform is complete, correct and accurate. You will be solely responsible for any damage or consequence that may arise from the use of false or incorrect or incomplete information.
11. The services and the information in the Platform are provided on an “as is”; basis. Thalamus, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Thalamus, its affiliates or agents make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Tool. No information obtained via the Platform shall create any warranty not expressly stated by Thalamus in these terms.
12. Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply in the respective countries.
13. To the extent permitted by law, in no event shall Thalamus, its affiliates or agents be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption or otherwise resulting from the use of or inability to use Thalamus, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Thalamus is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, in no event shall Thalamus’ total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed US$100. To the extent permitted by law, the remedies stated in these terms are exclusive and are limited to those expressly provided for in these terms.
15. Thalamus may suspend your use of the Platform at any time at its sole discretion. Upon such suspension, you must (a) immediately discontinue your current use of the Platform and (b) not use the Platform and its functions in future. You agree that Thalamus shall not be liable to him or to any third party for any suspension of your access to the Platform.