Terms of Use

1. General

1.1. The website under the domain name https://globahub.com/, and its subdomains/landing pages (individually the “Website”, and collectively the “Websites”) are owned and operated by GlobaHub AG (“GlobaHub”, “we”,” or respectively “us“, “our”), a company incorporated under the laws of Switzerland, which principal place of business is Alpenstrasse 2, 6300 Zug, Switzerland.

1.2. These terms of use (“Terms of Use”) outline the terms and conditions for using the Websites, and apply to the use of the entire content of the Website, as well as to any e-mail correspondence between you and GlobaHub. Use of the Website means accessing, browsing, or registering to use the Website.

1.3. Our [Privacy Policy] forms an integral part of these Terms of Use. Please read them carefully to understand how we collect and process your personal data.

1.4. These Terms of Use represent the entire agreement between GlobaHub and you relating to the access, use and browsing the Websites.

1.5. By accessing the Websites, you confirm your understanding that such access and use are subject to the Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Websites and should leave the Websites immediately.

1.6. We may update or amend the Terms of Use from time to time. We encourage you to review our Terms of Use on a regular basis. If you do not agree with the changed Terms of Use, you must not use the Website anymore. The Terms of Use shall not be amended by you or any person on your behalf. Nothing said or done by any party on our behalf shall be considered as any variation of the Terms of Use as published on the Websites.

1.7. We may also update or amend our Websites or their content from time to time but do not claim that the Websites will always be published in their latest state.

1.8. Given the global nature of the internet, you agree to comply with all laws and rules where you reside or where you use the Websites.

2. Your use of the Websites

2.1. Unless otherwise agreed by a separate written instrument between you and us or obviously follows from the functionality of a particular Website, you may use the Websites only for your private, non-commercial purposes.

2.2. Prices appearing on the Websites are not offers either from us or any applicable third parties and are presented only as general information. The prices in our offer for services may vary from prices presented on Websites.

2.3. Some services on the Websites may be subject to separate terms and conditions. When you access and use some of our Websites, for example, https://retail.globahub.com/, please be sure to familiarize yourself with the terms and conditions that govern your use of the platform accessible on this Website. In case of any discrepancy between these Terms of Use and terms and conditions linked to a particular Website or service, the terms and conditions for such Website or a service shall prevail.

2.4. UNLESS OTHERWISE STATED IN THESE TERMS OF USE OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
 2.4.1. distribute, transmit, sell, or offer to sell or otherwise make available all or any part of the Websites or any content, files, feeds, or data from the Websites, whether publicly available or not, to any third parties;
 2.4.2. use or access our Websites to provide any kind of services to third parties;
 2.4.3. use the Websites to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
 2.4.4. modify any file or any other part of the Websites that we do not specifically authorize you to modify;
 2.4.5. modify or translate our Websites or any related documentation in whole or in part, or combine or merge them with any other object code or program;
 2.4.6. sub-license, assign, share, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Websites or your right to use our Websites, including under paid subscription;
 2.4.7. include or copy any of Websites` files or content to AI learning databases;
 2.4.8. remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices, material, or advertising belonging to us, our licensors, or other third parties contained within our Websites;
 2.4.9. incorporate our Websites into another service or website or make it available via framing or mirrors;
 2.4.10. reverse engineer, decompile, disassemble, reduce the object code of our Websites to source code form or create (or attempt to create) derivative works based on the whole or any part of our Websites, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
  - is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in accordance with applicable law;
  - is not used to create any software that is substantially similar in its expression to our Websites;
  - is kept secured;
  - is used only in accordance with applicable law;
 2.4.11. copy, download, or store any content, files, feeds, or data from the Websites, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt, this is not intended to restrict the copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it in each case in accordance with the applicable law (this provision doesn`t apply to Materials allowed to share by the functionality of the Websites);
 2.4.12. use the Websites or Materials for creating a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the Websites;
 2.4.13. use any robot, spider, or other automated device or process to access the Websites for any purpose or copy any material;
 2.4.14. use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool;
 2.4.15. upload, post, publish, or otherwise make available information and/or materials the rights to which belong to third parties without obtaining the appropriate consent from such third parties;
 2.4.16. attempt to gain unauthorized access to our Websites, the server on which our Websites are hosted, or any server, computer, or database connected to our Websites, or to attack our Websites via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and your right to use our Websites shall immediately and automatically cease;
 2.4.17. attempt to avoid or undermine any protections we put in place for the security and operation of the Websites;
 2.4.18. do anything that may cause damage to our Websites;
 2.4.19. do other actions prohibited by applicable law that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the Websites or otherwise discredit it, the Websites` users, third parties, and/or GlobaHub or any of our products and services, employees, subcontractors, representatives, or affiliates.

2.5. Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to any of our Websites if, in our reasonable opinion, you have breached any of the provisions of these Terms of Use. It is clarified that we may adopt against a user who violated the present Terms of Use any legal measures at our disposal pursuant to the applicable laws.

2.6. In addition to your right to use the sharing functionality of the Websites, you may occasionally print individual webpages of the Websites or materials you obtain on demand from it for your private non-commercial use provided that:
 2.6.1. such printing is not substantial or systematic;
 2.6.2. no documents or related graphics on the Website are modified in any way;
 2.6.3. no graphics on the Website are used separately from accompanying text;
 2.6.4. our copyright and trademark notices and this permission notice appear in all copies.

3. Intellectual Property Rights

3.1. Except for content uploaded by you, GlobaHub is the owner or the licensee of any and all textual, visual, audio or other information, data, content, design, illustrations, photos, sound, video, music, graphics, compilation, and other material that make up or are uploaded to or otherwise made available on the Website (“Material”). This Material is protected by copyright, trademark, patent, or other intellectual property laws applicable to GlobaHub. All rights not expressly granted herein are strictly reserved.

3.2. Except as expressly provided herein or otherwise permitted by mandatory provisions of applicable laws, you agree that you will not use, copy, alter, modify, reverse engineer, reproduce, create, publish, broadcast, distribute, store, transfer, transmit, commercially exploit or otherwise use any paper or digital Material without obtaining a prior express written consent from GlobaHub.

3.3. Without prejudice to the foregoing, you may use the Materials only for personal, non-commercial purposes provided that our copyrights and our status (and that of any identified contributors) as the authors of such Material is always acknowledged and other proprietary notices are duly displayed.

3.4. If you use the Materials contrary to these Terms of Use, or otherwise expressly agreed by us, you are breaching these Terms of Use and our or our licensors’ copyright and other intellectual property rights. In case of breach of these Terms of Use, you are not permitted anymore to use the Website anymore and must destroy any Material you have downloaded or printed from the Website. We expressly reserve our right to legal recourse under contract and law.

3.5. All trademarks, service marks and trade names on the Website are our property or the property of our partners and are protected by Swiss and international copyright and trademark laws. You must not use any of these trademarks, service marks, or trade names without explicit advance consent.

4. Visitor Material and Communication

4.1. Any information, material, or other communication you transmit to our Websites, other than personally identifiable information covered the Privacy Notice, shall be considered non-confidential and nonproprietary (“Visitor Material”), and we shall have no obligations with respect to such material.

4.2. By providing your Visitor Material to the Websites or us, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, edit, adapt, reproduce, translate, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your Visitor Material in connection with providing and operating the Websites and related services and/or for our promotional purposes (for example, by displaying on our Websites, in social media, on any website or platform on the Internet as we may deem appropriate), or for our internal business purposes by communicating it to businesses, subcontractors, officers, employees, agency workers, consultants or any other workers, full or part time, overseen by GlobaHub, subject to the Privacy Notice; and (b) you agree to indemnify GlobaHub and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in these Terms of Use.

4.3. For the avoidance of any doubt, you acknowledge and agree that we may:
 4.3.1. continue to use all or part of Visitor Material even if you change your mind and want us to remove it and/or you no longer use the Websites;
 4.3.2. reproduce your trademarks, trade names, service marks, logos, domain names, or other identifying signs or images;
 4.3.3.modify your Visitor Material in any way at our sole discretion.

4.4. You acknowledge that we are not responsible for checking, monitoring, or moderating any Visitor Material, and you remain solely responsible for all Visitor Material you submit

4.5. You shall not transmit to the Websites any Visitor Material that violates any intellectual property of any third party or that is threatening, defamatory, offensive, pornographic, abusive, libelous, liable to incite racial hatred, discriminatory, in breach of confidence or privacy, or that would be considered a criminal offence or give rise to civil liability or otherwise violate any national or international law. In addition, you are prohibited from transmitting to the Websites any Visitor Material that is technically harmful in any way or otherwise misuse the Websites.

5. Links to and from other Websites

5.1. Our Websites may contain links or plug-ins to other websites and services that are not operated and maintained by GlobaHub, but by other third independent parties. If you use these links or plug-ins you will be redirected to these third-party websites and leave our Websites. By using these links or plug-ins, you acknowledge, understand, and agree that we do not control, and are not liable or responsible, directly or indirectly, for these websites and their content or availability. GlobaHub shall not be liable for any damage, direct or indirect, caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or service available on such third-party websites. If you have any queries, concerns, or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products, and refunds) you must direct them to the operator of that third party website or mobile application.

5.2. You are permitted to link to the Websites from any other website provided that you do not:
 5.2.1. replicate the Websites, any of its pages, or any Material from the Websites;
 5.2.2. mispresent your relationship with us or imply in any fashion whatsoever that we or any of our affiliates is endorsing any of your products or services;
 5.2.3. use our trademark, logo, or any Material unless we have provided you with written consent;

5.3. The website from which you are linking to us shall not contain any content that is offensive, controversial, or that violates any intellectual property of a third party or otherwise violates any national or international laws.

5.4. We fully reserve the right to revoke the authorization right granted to you in paragraph 5.2 above if you breach these Terms of Use. The authorization granted to you in paragraph 5.2 does not assume any GlobaHub liability with regards to the linking to our Website. GlobaHub exclude any and all such liability.

6. Disclaimer of Warranty

6.1. While we aspire to timely update and ensure the completeness and correctness of the Materials contained on the Website and the Website itself, the Website and all the Material contained on the Website is provided on an “as is” basis and, to the extent permitted by the applicable laws, we do not represent or warrant the accuracy, completeness, correctness, availability, reliability, or suitability of any of the Materials or the Website itself. We disclaim all such representation, warranties, as well as conditions, terms, undertakings, whether implied or explicit, whether based on laws or customs, including but not limited to, satisfactory quality, fitness for a particular purpose, non-infringement, and the use of reasonable care or skill arising from course of dealing or course of performance.

6.2. Further, we do not warrant that the Website is free of viruses or other harmful components (including but not limited to viruses, Trojan horses, worms, corrupted data, etc.). All servicing, repair, or correction costs for your equipment, data, software, or device shall be borne solely by you, regardless of whether such costs are incurred by, are result of, or in any connection with any use of the Material from our Website or the Website itself.

7. Limitations of Liability

7.1. GlobaHub and all its affiliates, licensors, employees, consultants, partners, officers, directors, shareholders shall not be liable for any direct or indirect, suffered or alleged, incidental or punitive damages, loss of profits, revenue, business interest, investment, reputation, data, income, goodwill that you or any third party may incur, whether foreseeable or not, regardless of whether in tort, contract or arising from, or as a result of or in connection with the Websites or any Material therein or in any other way, or of any website linked to the Websites or materials on such website.

7.2. To the maximum extent permitted under applicable law, GlobaHub disclaims liability for any direct or indirect consequences arising from the information, links, and materials posted by users, any actions or inactions of users, violations of any applicable laws and regulations.

8. Indemnity

8.1. You shall without any limitations, indemnify and hold harmless, GlobaHub and each and all its affiliates, licensors, employees, consultants, partners, officers, directors, shareholders from any third-party claim, liability, loss, damage, cost or expense, including but not limited to all reasonable attorneys’ expenses and costs, arising out or related to use of the Websites or any Material therein or with any breach of these Terms of Use, misappropriation, or violation of any third-party rights or of any applicable national or international law.

9. Notice and takedown procedures

9.1. If you believe any materials accessible on or from the Websites infringe your intellectual property right, you may request removal of those materials (or access thereto) from the Websites by contacting us and providing the following information:
 9.1.1. Identification of the protected work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
 9.1.2. Identify the material you believe is infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
 9.1.3. Your name, address, telephone number and (if available) e-mail address.
 9.1.4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the right owner, its agent, or the law.
 9.1.5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the right owner or are authorised to act on the right owner’s behalf.
 9.1.6. A signature or the electronic equivalent from the right holder or authorised representative.

9.2. We will review and respond to your inquiry within 10 (ten) business days.

10. Miscellaneous

10.1. We reserve the right to terminate These Terms of Use at any time at our sole discretion for any reason. Upon termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Websites. We may also block your access to our Websites or take other measures that we deem appropriate at our sole discretion if you breach the provisions herein.

10.2. We may transfer or assign any and all of our rights and obligations under these Terms of Use to any other person, by any way, including by novation, and by accepting these Terms of Use you give us consent to any such assignment and transfer. You confirm that placing on the Services a version of these Terms of Use indicating another person as a party to these Terms of Use shall constitute valid notice to you of the transfer of GlobaHub’s rights and obligations under these Terms of Use (unless otherwise expressly indicated).

10.3. You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.

10.4. All information communicated on the Websites is considered an electronic communication. When you communicate with us through or on the Websites or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “CREATE ACCOUNT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intend to be bound by these Terms of Use. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

10.5. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms of Use by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach of these Terms of Use.

10.6. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

10.7. If at any time any part of these Terms of Use is held unlawful, invalid, or for any reason unenforceable in any respect under the laws of any applicable jurisdiction, such part of the Terms of Use shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision herein.

10.8. These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland. All disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Zug, Switzerland.