Terms & Conditions

The present terms and conditions (hereinafter “Terms and Conditions”) regulate the legal relationship concluded between the trader Tagpeak Limited with its registered seat at Kemp House 160 City Road London, EC1V 2NX, United Kingdom, and the users of www.tagpeak.com trading platform in possession.

The present Terms and Conditions describe the terms and conditions applicable to your access and use of the web site. This document is a legally binding agreement between you as the user of the web site (referred to as “you”, “your” or “User” hereinafter) and Tagpeak (referred to as Seller).

Please review the following basic rules that govern your use and access to the web site. Please also note that your use or access of the web site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions, although you may “bookmark” a particular portion of this web site and thereby bypass this agreement.

By using this web site, you agree to these terms and conditions. If you do not agree, do not use this web site

Seller reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time, without prior notice, by updating this posting. Any posted changes are effective immediately and your continued use of Tagpeak contents and services constitutes your agreement that you’ve read these entire Terms and Conditions acceptance that you respect them in their entirety. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Tagpeak grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

I APPLICATION OF TERMS AND CONDITIONS

Your use and access of this web site and making a purchase, placing an order or otherwise shopping on the web site (collectively, the “Site”) are governed by all terms related to these Terms and Conditions as well as the Privacy Policy, and any other rules and policies of the Site that Tagpeak Limited may publish from time to time. Meanwhile, with regard to your purchases and transactions on the Site, the Terms and Conditions between you as a buyer and Tagpeak will be binding upon you. Therefore, we recommend that you read these Terms and Conditions and all relevant additional terms, conditions and information, including, but not limited to, the Privacy Policy, carefully.

If Tagpeak has posted or provided a translation of the English language version of the Terms and Conditions, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Site.

II THE USE OF THE SITE

By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefor you are bound by these Terms and Conditions and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.

All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to Tagpeak or to any other User or to any other third party.

All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Tagpeak, is strictly prohibited.

Tagpeak can stop the operation of the Site or its part any time, can change the Content of the Site or its parts without any prior notice. The Site does not have to be available all the time. Tagpeak has the right to maintain the Site and the User does not have any right for any compensation.

While accessing the Site, or using its services, you should not:

  • Post or transmit false, inaccurate, misleading, defamatory, or libelous Content (including but not limited to during the registration process and in Tagpeak blog);
  • Violate any laws, regulations, good manners, third party rights, this Terms and Conditions or our policies, such as third party’s intellectual property rights;
  • Fail to deliver payment for the products and items purchased by you;
  • Manipulate the billing process of Tagpeak, or fail to deliver the payment or fee owed to Tagpeak;
  • Undermine the feedback or ratings systems;
  • Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
  • Distribute viruses or any other technologies that may harm Tagpeak and the Site, or the interests or property of other users;
  • use any automated means to access Site and collect any data from Site through automated means (included but not limited to harvesting bots, robots, spiders, scripts or other automatic devices or programs) or and you cannot use framing techniques to enclose any of the data or content to the Site or otherwise affect the Site.
  • Otherwise incur any liability to the Site or Tagpeak.

Tagpeak reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of Tagpeak in any means and/or incurring any liability to Tagpeak. Each User hereby also agrees that in no event shall Tagpeak be liable to any User or any third party for any User’s inability to use or access the Site.

III ACCOUNTS, PASSWORDS AND SECURITY

In order to make purchases on the Site may require you to open an account (including setting up a Tagpeak ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Tagpeak immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Tagpeak or any other user of or visitor to the Site due to someone else using your Tagpeak ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Tagpeak ID, password or account at any time without the express permission and consent of the holder of that Tagpeak ID, password or account. Tagpeak cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Each User represents warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information to keep it true, accurate, current and complete.

IV REVIEWS, COMMENTS, COMMUNICATION AND OTHER CONTENT

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Tagpeak reserves the right (but not the obligation) to remove or edit any content.

In case that the User writes his own text or adds other Content to the Site he shall not violate or encourage violation of any laws, rights and / or legitimate interests of third parties; he cannot induce the activity in any way dangerous or life-threatening and / or health threatening; he cannot circumvent and / or be contrary to the rules of decency, and good manners; must not contain vulgar, violent, racist or other generally unacceptable content and not unduly interfere with the rights or legitimate interests of any third party.

Tagpeak reserves the right, without prior notice and without any refund of applications to eliminate the Content that even a marginally or partially does not fulfill the provisions set out in these Terms and Conditions, which may damage the good reputation of Tagpeak, its products and / or services and / or which publication and / or dissemination within the application could be compromised and / or violated Tagpeak imposed by law and / or contractual obligations, rights and / or legitimate interests. Tagpeak also reserves the right, without any compensation to request the removal of such posts that even a marginally or partially break the provisions set out in these Terms and Conditions, which may damage the good reputation of Tagpeak, its products and / or services and / or the publication and / or dissemination by could be at risk and / or violated Tagpeak imposed by law and / or contractual obligations, rights and / or legitimate interests.

You are fully responsible for all Content added to the Site for their compliance with laws, rights and legitimate interests of third parties and the provisions hereof. Tagpeak is not responsible for such Content.

V PURCHASING ON THE SITE

User agrees that all activities that occur under your Tagpeak ID (including, without limitation, clicking to accept any additional agreements or rules, subscribing to or making any payment for any products, sending e-mails using the latest e-mail account or sending SMS messages) will be deemed to have been authorized by you.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.

Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Tagpeak. All prices shown at the online store exclude VAT. VAT is only included in the “Check Out” process, depending on the country to where the product is being shipped.

Tagpeak has the right to correct the mistakes on the page, including the mistakes in the price. In case there was a mistake in writing in the price the Tagpeak cancels the order and notifies the cancellation to the User. In case the payment was already transferred by the User, Tagpeak returns the payment within 30 business days. In this case the User has the right to place a new order on the Site.

Tagpeak reserves the rights to change its prices according to the law and business practice. The prices are basically in EURO (EUR). The price can be shown for information purposes in other currencies than EURO. Tagpeak cannot be held responsible for any exchange rate fluctuation. The price in EURO is the price of the product; other currencies are only for the information of the User. Please pay attention to the details of the transaction because your total price may include insurance, shipping costs and other expenses, which you are responsible for paying.

VI TERMS OF PAYMENTS

When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction.

If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.

Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you do not receive an ownership interest in those items.

In addition, any order whose amount exceeds certain amount set by Tagpeak, Tagpeak can request additional identification and evidence of delivery address by email or by other means. These security measures are a testament to our willingness to protect customers against potential fraud. Until the additional identification requirements are fulfill the Tagpeak does not have the duty to send the order. In case the condition of additional identification of the User is not fulfilled within next 15 business days the Tagpeak is entitles to cancel the order. Terms of payments to Tagpeak are the following: (Unless special terms of payments are not made in writing)

Bank transfer

Payment through PayPal

Credit Card

Not all payment methods are available for all products that are sold on our website.

If you choose Bank Transfer as your payment method, Tagpeak gives you unique payment instructions for your order. Once we receive the payment, which typically takes two to three business days from the time you place the order, the order is approved. If your payment takes more time than three business days, you are obliged to send as a proof of the payment, so your order does not get cancelled for not providing the payment. Also, the product can be sold out during the time between placing the order and receiving the payment by Tagpeak.

In case the payment (when choosing Bank transfer, PayPal or Credit Card) is not at the bank account of the Tagpeak within next 5 business days after placing the order, it means that the User cancelled the order and does not want anymore the order to be delivered.

The goods will be delivered up to 45 business days after the payment is received by Tagpeak. Tagpeak is not responsible for delays of the transportation or for delays due to the not correct address of the User.

VII LIST OF AVAILABLE PRODUCTS

Current list of available products on the Site is consistent with the quantitative status of products in our wholesaler.

Current wholesaler availability for a particular product buyer will be able to check in the moment of placing an order (this will be the most recent information – quantities will be updated on weekly basis).

For any changes or mistakes that can occur outside of our influence and knowledge, Tagpeak will not be considered responsible.

If it happens that the ordered product is not available in the moment when customer places his order, the customer will be informed of this by phone or email. If ordered product is still not available customer has the right to request cancelation of an order.

Tagpeak has the right to cancel the order in case when the goods are not any more at the wholesaler warehouse.

 

VIII SHIPPING – DELIVERY – DELIVERY EXPENSES

The shipments will be charged according to the current and valid charges and fees of professional Courier companies.

Upon receiving the product, the supervision whether the delivered product fully corresponds with the ordering it is solely your responsibility. Tagpeak is highly recommending you check the condition of a package, if there are any damages or shortages in the shipment in general.

The Buyer is obliged to check the content of the package and the condition of the goods on delivery, in order to report possible faults or damages of the ordered products and the packaging itself to the courier. In case the Buyer has any comments or thinks the content was damaged during the transportation he is obliged to report this to the courier immediately when signing the transport document. Tagpeak is not responsible for any damage caused by the transporter. The Buyer is obliged to enforce the potential damage from the transporter and/or Courier writing the note in the transport documents signed right after the delivery. Further complaints will not be taken into consideration.

In case of any damages, missing content or a part of an order, you are obliged to write everything clearly in email and send to contact@tagpeak.com within 3 calendar days after the delivery.

Shipping and delivery of our products, delivery expenses and a risk during this period is on you.

From the moment the parcel leaves our warehouse, Tagpeak cannot be held responsible for the delivery time, damages and/or other circumstances that may occur during the transport process. However, we can support you with any claims you may need to make.

Information about the estimated delivery time can be found on the Site when ordering. The estimated delivery time is only informative and not binding. Tagpeak delivers all orders within 45 business days after Tagpeak received the payment.

Tagpeak will in cases when the payment gets confirmed until CET 12 AM try to process the order the same day if the product is available in the warehouse. Estimated delivery time of ordered products is calculated from the moment when the preparation of the package starts. Preparation of orders is conducted on business days.

In case that the ordered product is out of stock, delivery time is extended and Tagpeak gives the Buyer the possibility to delete or cancel their order.

Every shipment is delivered to the address specified by you when placing an order, Tagpeak is keeping the right to ask for proof of address in order to prevent frauds or abuses of any type. Before sending the relevant proof, Tagpeak will not start with the preparation of the Order and in case when the relevant proof is not provided within 5 calendar days after the request, the order will be automatically cancelled.

Upon reception of the package you are obligated to make sure that there are no damages on the package. Otherwise, you are responsible to make a written record with your complain at the transportation company office within the time defined by law.

From the moment a product leaves the warehouse, the risk is transferred to the other party defined with this contract. Tagpeak is not responsible for any delays occurred during the delivery of products. In this case, you have the right to terminate or cancel your order, however you may accept the new terms of delivery, but in no case you have the right to demand compensation or interests or money refund for any delays.

In the case that the ordered product is not delivered within the specified time period, Tagpeak has to start an investigation with the carrier company that was responsible for delivering the shipment. During this period Tagpeak will not make any decisions regarding to this specific customer order.

IX RECLAMATION POLICY

DOA reclamation

In case of dead on arrival (DOA) you have the right to return goods within a period of 5 business days. Product is considered as DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use after unpacking the product from the box. If you believe that your product is DOA, please contact Tagpeak support (contact@tagpeak.com) within 24 hours of the delivery of the package. Tagpeak support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own risk but we support the cost. Note: If you do not send within the deadline set for you by Tagpeak support centre, you will lose the right to return the device to us. After receiving back the item, Tagpeak will determine whether the product is DOA and offer you one of the following options:

  1. Replacement: The same product that you ordered will be shipped to you at Tagpeak expense. Also, Tagpeak will cover customers returning shipping costs up to 20 euros.
  2. Refund: you will be fully refunded, including return shipping. Return shipping costs are refundable up to 20 euros.

Quality of product reclamation:

If you are making a reclamation concerning the quality of the product (problems with display, slots, hardware buttons, etc.) within 3 calendar days after the delivery of the Product, you are obliged to contact Tagpeak support centre in written form (contact@tagpeak.com). Tagpeak support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own risk but we support the cost. Note: If you do not send within the deadline set for you by Tagpeak support centre, you will lose the right to return the device to us. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. After receiving the Product Tagpeak will determine condition of the product and offer you one of the following options:

  1. Replacement: The same product that you ordered will be shipped to you at Tagpeak expense, up to 20 euros.
  2. Refund: you will be refunded excluding insurance costs.

Delivered product reclamation:

If you are making reclamation for receiving different product model than ordered, do not open nor use the delivered product. In that case contact Tagpeak support centre (contact@tagpeak.com) within 3 calendar days from delivery of the product. You are obliged to contact Tagpeak support centre in written form. Tagpeak support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own risk but we cover the cost. Note: If you do not send within the deadline set for you by Tagpeak support centre, you will lose the right to return the device to us. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. Tagpeak support centre after receiving will offer you the following options:

  1. Replacement: The product that you ordered will be shipped to you at Tagpeak expense, up to 20 euros
  2. Refund: you will be refund completely including return shipping costs (excluding insurance). Return shipping costs are refundable up to 20 euros.

This policy is not applicable in case the customer is responsible for misinterpretation of official information or when package is opened and used despite obvious misplacement. In this case, customer will be treated by Return policy.

If all these conditions are not fulfilled, Tagpeak will not accept your reclamation.

X RETURN POLICY

In the case of returns, customer is responsible for returning the product to us in its original condition and for postal costs or other costs incurred when returning the product.

You are obliged to return the goods to us in the same condition, not used, sealed, and original package as they arrived (for example: headphones, cables, instructions etc.) without changed references and product serial numbers, and to take reasonable care ensuring that the goods are received by us and are not damaged in transit. Labels and all text on the labels as well as stamps from producers must be intact. You are responsible for all damages which occur on the product until the product is received by Tagpeak. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Tagpeak reserves the right to make refunds after 30 business days from receiving the returned item on his own expense.

According to EU law, you have the right to return the goods or replace it with another product for any reason within 14 calendar days from the delivery of the product. If the ordered product is returned in identical (undamaged condition and sealed as originally delivered) Tagpeak will refund a full amount of the purchase price to you. Open, used or products in impaired condition will be not be refunded.

If you purchased a product and it still deviates from desired, you can return the product in unused condition with all complete documentation provided with the device. In this case Tagpeak will refund money to all its customers in the value of returned equipment but without shipping costs in both ways – this is customer’s responsibility.

Return Postal Address:

Please get in touch with contact@tagpeak.com to get the return shipping label.

XI WARRANTY AND SERVICE AFTER PURCHASE

Products sold through the Site have the standard EU-Warranty of each manufacturer.

EU-WARRANTY – 12-24 months of “manufacturer warranty” (depending on manufacturer).

For information regarding warranty and service after purchase, please contact our Customer Support.

EU WARRANTY DOES NOT COVER:

  • Replacements of accessories (batteries, headphones, charger, cables, CDs, memory cards etc.).
  • Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are advised to take their time and carefully read the instructions for proper use of all products.
  • If products are stored improperly, and not according to manufacturer instructions.
  • Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service centre.
  • Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).
  • Damages of waterproof devices caused by submergence in salt or chlorinated water.
  • Mechanical damages, damages caused by vis major, damages caused by not taking relevant care of the goods
  • Damages which the customer was informed about before the delivery of the product
  • Damages caused by using the product in unsuitable conditions
  • Damages caused by water
  • Damages caused by using an non-official supplements to the product, damages caused by non-professional assembly

Tagpeak is NOT liable in case the manufacturer refuses to accept the warranty from any of the reasons stated above.

In case the warranty is declined, the manufacturer will make you an offer for the repair of the product. In case you refuse this offer, the manufacturer has the right to require its administrative expenses to be covered by you. In case you accept the offer, you are obliged to pay the total cost of the repair to the manufacturer.

General reclamation procedure:

The customer may report the defect of the product to the manufacturer directly, in their stores or customer support centres. Tagpeak is not responsible for warranty process with manufacturers directly.

XII TAGPEAK CASH REWARDS PROGRAM

After a purchase, Tagpeak will send an activation code to be activated by the User in his/her Site account (after login and password is introduced). This action will lead Tagpeak to add the purchased item to the Tagpeak Cash Rewards Program.

After activation, the User will unlock the possibility of getting a cash reward that he/she can cash-in directly to his/her Site account and after to his/her bank account. Tagpeak reserves the right to give any amount to the customer and is responsible for the calculation of any amounts.

This amount will be available only if the User introduces the activation code in his/her Site account. If the code is not introduced within 60 calendar days after product arrival to User address, Tagpeak reserves the right not to activate any cash reward in User Site account.

Tagpeak will unlock the cash reward up to 48 hours after the User inserts the code on his/her Site account, provided that we are beyond the 14-day returns period.

The User may choose between a fixed cash reward named “Instant Cash Reward” and a variable cash reward named “Boosted Cash Reward”.

The fixed cash reward will be an amount equal to 5% of the price paid by the User.

The variable cash reward will be an amount that results from Tagpeak’s investment activity during a certain period, being Tagpeak solely responsible for its calculation. When the variable cash reward is unlocked, the User will be informed about of the Investment Period (estimated 4-6 months). The cash reward finally received by the User will depend on User’s member status (Basic, Silver or Gold) at the time of reward final calculation date.

The User may use his/her User account to follow the daily fluctuations of the variable cash reward and may request an early cash-in on any day. This request will be executed on the following 2 business days and the final calculated amount might differ from the moment of the request.

The reward final calculation date will be 1 business day after the end of the Investment Period or 1 business day after the early cash-in request initiated by the User, whichever earlier. The cash reward will be available in the User account within 2 business days after reward final calculation date.

Tagpeak does not guarantee any amount to User. This amount can be 0 euros at any time. This amount will also never be higher than the total price paid by User and will be property of Tagpeak until the moment it has been effectively transferred to the User.

Each purchase will have an activation code, each amount deployed after activation will be linked to a single purchase.

User member status

 

Base

Silver

Gold

Ambassador

Code activation

Done

Done

Done

Done

Share of profits

25%

50%

75%

75%

+ Smartphone at User’s choice

Total amount spent on products in previous 12 months

500 euros

1,500 euros

3,000 euros

20,000 euros

Number of referrals

0

1

3

20

Share of profits means the percentage of the gains from Tagpeak’s investment activity that may be paid to the User. It can go from 0 euros up to the amount the User paid for the product.

Number of referrals means the number of new users that are made aware of Tagpeak by the User and that effectively make a purchase, within 12 months from the day the User activated his/her reward (through inputting the activation code on his/her private area). The referral must be a different natural person than the User, using a different credit card number and a different shipping address. Otherwise, the referral will be considered invalid.

After 12 months without any purchase, the User goes to the status level immediately below. (e.g. Gold to Silver, Silver to Base)

XIII DISCLAIMERS

TAGPEAK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

TAGPEAK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOBILESHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TAGPEAK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TAGPEAK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TAGPEAK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Tagpeak reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

XIV LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Tagpeak be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tagpeak has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, Tagpeak is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Tagpeak’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Tagpeak (but not including the purchase price for any products), or (2) 100.00 EUR.

 

XV INDEMNITY

You agree to indemnify and hold Tagpeak, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tagpeak by any third party due to or arising out of or in connection with your use of the Site.

XVI VIOLATION OF THESE TERMS AND CONDITIONS

Tagpeak may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Tagpeak’s rights or property, or the rights or property of visitors to or users of the Site, including Tagpeak’s customers. Tagpeak reserves the right at all times to disclose any information that Tagpeak deems necessary to comply with any applicable law, regulation, legal process or governmental request. Tagpeak also may disclose your information when Tagpeak determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Tagpeak may preserve any transmittal or communication by you with Tagpeak through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Tagpeak determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Tagpeak, its employees, users of or visitors to the Site, and the public.

You agree that Tagpeak may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Tagpeak, for which monetary damages would be inadequate, and you consent to Tagpeak obtaining any injunctive or equitable relief that Tagpeak deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tagpeak may have at law or in equity.

You agree that Tagpeak may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Tagpeak does take any legal action against you as a result of your violation of these Terms and Conditions, Tagpeak will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tagpeak. You agree that Tagpeak will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.

XVII AMENDMENT OF THE TERMS AND CONDITIONS

Tagpeak reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.

Tagpeak also reserves the right to refuse to provide the Site services to you, particularly in the event that the your use of the service is contrary to the content of these Terms and Conditions and the Privacy Policy, or if it conflicts with the business interest of Tagpeak.

 

XVIII GOVERNING LAW, MISCELLANEOUS

These Terms and Conditions shall be interpreted and performed in accordance United Kingdom law. The competent courts of United Kingdom shall have exclusive jurisdiction for any dispute arising in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The present Terms and Conditions are written in English language. These Terms and Conditions constitute the only terms between Tagpeak and the customers and the relationship between them shall only be regulated by these terms. The present Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings. To the extent that anything in or associated with the content of the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence, unless prohibited by law. The headings of Sections and subsections of these Terms and Conditions are only for convenience of reference and are not intended to affect the interpretation or construction of any provision of these Terms and Conditions. If Tagpeak fails to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.

Last update: 28th December 2020