Acceptance of terms

The service that Beyounic SA provides to User is subject to the following Terms and Conditions. Please read these Terms and Conditions before proceding with the purchase process. Beyounic SA reserves the right to update the Terms and Conditions at any time without notice to User. You agree to ensure your compliance with the latest version of these Terms and Conditions before accessing or using the Ohanah site and its service, software and content. These Terms and Conditions constitute a legal agreement between you (an individual or legal entity) and Beyounic SA owner of Ohanah.

Change of Terms

Beyounic SA shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Ohanah site or any part thereof as well as for any service or product offered, or to impose new conditions.

User Conduct

User shall use Ohanah for lawful purposes only. User shall not post, transmit or otherwise distribute through Ohanah site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in Beyounic SA’s discretion restricts or inhibits any other User from using or enjoying Ohanah website will not be permitted. User shall not use Ohanah website to advertise or perform any commercial solicitation. Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload post or otherwise make available on Ohanah site any material protected by copyight, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Ohanah site contains copyrighted material, trademarks and other proprietary information, including but not limited to text, software, photos, graphics and the entire contents of Ohanah site are copyrighted. User may not modify, publish, transmit, participate in the transfer or sale, or in any way exploit, any of the content in whole or in part. User agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Ohanah site and any of its services, software and content.

Ohanah website may contain links to other internet sites owned by third parties. Your use of each of those sites is subjected to the conditions. We have no control over other sites, and we are not responsible for any changes to or content on them.

Pricing

All prices on Ohanah site exclude VAT. Beyounic SA cannot guarantee the accuracy of pricing details on all materials of Ohanah website. The final amount of any purchase of Ohanah software and servcices will be clearly indicated before the order is finalised by the merchant that handles all the VAT, Taxes, Payments and procedures.

Merchant

Ohanah products and services are sold by our official reseller Fastspring Inc. Santa Barbara CA 93191 US (TIN: 51-054-6893). Fastspring Inc. is the marchant responsible for managing all the payments, transactions, refunds, VAT and tax collection according to the buyer's country laws. The user is responsible to cancel the subscription to the selected plan. The user will receive from Fastspring a link to manage the subscription at the email address used for the purchase. If the user doesn't opt out, the subscription will be automatically renewed by the reseller until cancelation.

Warranties

The software and any other content or information on Ohanah website are provided “as is” without warranties of any kind either express or implied. User expressly agrees that the use of Ohanah website, products and services is at user’s sole risk. Neither Beyounic SA, its affiliates nor any of their respective employees shall not be liable for any consequential, incidental or direct damages suffered in the course of using the software and other content on Ohanah site. Beyounic SA does not and cannot warrant that Ohanah site will be uninterrupted or error free, nor we make any warranty as to the results that may be obtained from use of Ohanah site, or as to the accuracy, reliability or content of any information, service or merchandise provided through Ohanah site.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Beyounic SA, or any person or entity involved in creating, producing or distributing Ohanah software be liable for any damages, including without limitation, direct, indirect incidental, special, consequential or punitive damages arising out of the use of or inability to use Ohanah site. User hereby acknowledges that the provisions of this section shall apply to all content of the site.

The disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, user specifically acknowledges that Beyounic SA is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.

In addition to the terms set forth above neither, Beyounic SA nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors inaccuracies, omission, or other defects in, or untimeliness or inauthenticity of, the information contained within Ohanah site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

Termination

The agreement to these Terms and Conditions is effective until terminated. Without prejudice to any other rights, Beyounic SA may immediately terminate this Agreement at any time in the event of any conduct by User which Beyounic SA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. In such event you must cease all use of the Ohanah sites, including services and content and destroy all copies of material made available through the Ohanah site.

Applicable Law

These Terms and Conditions are governed by the Swiss law. Any dispute concerning the use of Ohanah site, it’s service and content falls under the exclusive jurisdiction of the court of Lugano, Switzerland. You agree that Beyounic SA, at Beyounic SA sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with these Terms and Conditions before the courts of Lugano, Switzerland or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Beyounic SA.

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