Terms and Conditions

Welcome! Please read these Terms and Conditions and our Privacy Policy carefully before using our Services.

These Terms and Conditions ("Terms and Conditions", "Terms") govern your relationship with all TechWizardClub websites, apps, services and products operated by us (collectively, our "Services").

These Terms are effective as of Nov. 07, 2024.

Acknowledgement
Limitations of use
Accounts
Payments and billing
Refunds
Termination
User content
Ownership: proprietary rights
Indemnification
Limitation of liability
Disclaimer: no warranties
Disclaimer: no reliance
Links To third-party websites
Affiliate links
User data
Force majeure
Dispute resolution
For European Union (EU) users
United States legal compliance
Severability
Waiver
Governing law
Entire agreement
Changes
Contact us

1. Acknowledgement

BY USING OUR SERVICES, YOU AGREE TO OUR TERMS AND CONDITIONS AND PRIVACY POLICY AVAILABLE AT techwizard.club/privacy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT USE OUR SERVICES.

In these Terms, "you" and "your" means you as the user of our Services. If you access or use the Services on behalf of a company (like your employer) or another entity then "you" includes you and that entity, and you represent and warrant that (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (ii) you agree to these Terms on behalf of that entity.

When we say the "Company", "we", "our" or "us" we mean the owner and operator of the Services.

By agreeing to these Terms, you represent and warrant (i) that you’re at least 18 years old and meet the minimum age required by laws in your country, (ii) that you have not previously been suspended or removed from our Services, and (iii) that your use of our Services is in compliance with all applicable laws and regulations.

2. Limitations of use

You warrant that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on our Services;
remove any copyright or other proprietary notations from any materials and software on our Services;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use our Services in a way that abuses or disrupts our networks;
use our Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use our Services in violation of any applicable laws or regulations;
use our Services in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use our Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

3. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times.

Your username and password are for your personal use only and should be kept confidential. You are responsible for the security of your account, and must notify us immediately upon becoming aware of any security breach or unauthorized use of your account. You are also responsible for any actions or activities in connection with your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4. Payments and billing

Some parts of our Services are billed on a subscription basis ("Subscription") and some are billed as one-time purchases (“One-time Purchase”).

If you have a Subscription with us, you will be billed in advance on a recurring and periodic basis ("Billing Cycle(s)"). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or we cancel it. You may cancel your Subscription renewal either through your account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription or One-time Purchase. You must provide us accurate and complete billing information and valid payment method information. By submitting this information, you authorize us (and our third party payment service) to charge the Subscription or One-time Purchase fees to the payment method you have provided.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually and within a certain deadline date.

5. Refunds

Except when required by law, paid subscription fees are non-refundable. We may consider certain refund requests on a case-by-case basis and they will be granted at our sole discretion.

6. Termination

We may at our sole discretion suspend or terminate your access to our Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. User content

You retain ownership of all your intellectual property rights over your content that you share on, or through, our Services (“User Content”). These Terms do not grant us any licenses or rights to your User Content except for the limited rights needed for us to provide our Services, and as otherwise described in these Terms.

By sharing your suggestions, feedback, or ideas about our Company or Services (“Feedback”), you grant us all rights to use and incorporate your Feedback in our Company and Services, without any attribution or compensation paid to you.

You confirm and guarantee that your User Content and Feedback do not break or misuse any third-party rights. This includes rights like copyright, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other kind of intellectual property or ownership rights. Additionally, you guarantee that your User Content and Feedback do not insult, falsely accuse, or harm the reputation of others.

8. Ownership: proprietary rights

Our Services and their original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. Our Services are protected by copyright, trademark, and other laws of both the Country and foreign countries.

Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or any content herein. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Using our Services does not give you any ownership of or rights in the content you access.

9. Indemnification

You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

10. Limitation of liability

IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Disclaimer: no warranties

THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMPANY ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE SERVICES. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Disclaimer: no reliance

The content on our Services is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. Your use of the Services is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of our Services.

13. Links To third-party websites

Our Services may contain links to third-party websites or services that are not owned or controlled by the Company.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

14. Affiliate links

We may include affiliate links in our Services that we believe might be of interest to you. This means we may earn a commission when you click on an affiliate link and sign up or complete a purchase on their website.

To inform you when a link is an affiliate link, we'll normally include a disclaimer or place the text "affiliate link" or equivalent nearby such a link.

If you do not want to participate in affiliate programs, please do not click on any affiliate links.

15. User data

Although we perform regular routine backups of your data, you are solely responsible for all data that you transmit or that relates to any activity that you have undertaken using our Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. Force majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, natural disasters, or riots.

17. Dispute resolution

If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

18. For European Union (EU) users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

19. United States legal compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

21. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute the waiver of any subsequent breach.

22. Governing law

These Terms shall be governed and construed in accordance with the laws of Germany (the "Country") without regard to its conflict of law provisions.

23. Entire agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

24. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Services.

25. Contact us

If you have any questions about these Terms, please contact us at: thanwadesign@gmail.com.