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NetBayz

PRIVACY POLICY

USER AGREEMENT

AFFILATE DISCLAIMER

CONTACT

Priva​cy Policy

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) in the “NetBayz” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it. 

This Policy is a legally binding agreement between you (“User”, “you” or “your”) and DifferentHumans (“DifferentHumans”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Table of contents
  • Collection of personal information
  • Privacy of children
  • Use and processing of collected information
  • Managing information
  • Disclosure of information
  • Retention of information
  • Transfer of information
  • Data protection rights under the GDPR
  • California privacy rights
  • How to exercise your rights
  • Push notifications
  • Affiliate links
  • Links to other resources
  • Information security
  • Data breach
  • Changes and amendments
  • Acceptance of this policy
  • Contacting us

Collection of personal information
You can access and use the Mobile Application and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered in the Mobile Application, you may be asked to provide certain Personal Information (for example, your name and e-mail address).

We receive and store any information you knowingly provide to us when you create an account, publish content, or fill any forms in the Mobile Application. When required, this information may include the following:

  • Account details (such as user name, unique user ID, password, etc)
  • Contact information (such as email address, phone number, etc)
  • Basic personal information (such as name, country of residence, etc)
  • Payment information (such as credit card details, bank details, etc)
  • Certain features on the mobile device (such as contacts, calendar, gallery, etc)

You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features in the Mobile Application. Users who are uncertain about what information is mandatory are welcome to contact us.

Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Mobile Application and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Mobile Application and Services, please contact us to request that we delete that child’s Personal Information from our Services.

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Mobile Application and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.

Use and processing of collected information
We act as a data controller and a data processor in terms of the GDPR when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.

Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Mobile Application and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information and we comply with data controllers’ obligations set forth in the GDPR.

We act in the capacity of a data processor in situations when you submit Personal Information through the Mobile Application and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller in terms of the GDPR.

In order to make the Mobile Application and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
  • Create and manage user accounts
  • Send administrative information
  • Post customer testimonials
  • Protect from abuse and malicious users
  • Run and operate the Mobile Application and Services

Processing your Personal Information depends on how you interact with the Mobile Application and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. We may also combine or aggregate some of your Personal Information in order to better serve you and to improve and update our Mobile Application and Services.

We rely on user’s consent and our own legitimate interests as legal bases as defined in the GDPR upon which we collect and process your Personal Information.

Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Managing information
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Mobile Application and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account in the Mobile Application or simply by contacting us.

Disclosure of information
To maintain the highest level of privacy and to protect your Personal Information to the full extent, we do not share your Personal Information with anyone and for any reason.

Retention of information
We will retain and use your Personal Information for the period necessary as long as your user account remains active, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.

We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of information
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. The transfer of your Personal Information to countries outside the European Union will be made only if you have explicitly consented to it or in the cases provided for by the GDPR and will be processed in your interest.

You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.
Data protection rights under the GDPR

If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights and we aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

(i) You have the right to withdraw consent where you have previously given your consent to the processing of your Personal Information. To the extent that the legal basis for our processing of your Personal Information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
(ii) You have the right to learn if your Personal Information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of your Personal Information undergoing processing.
(iii) You have the right to verify the accuracy of your information and ask for it to be updated or corrected. You also have the right to request us to complete the Personal Information you believe is incomplete.
(iv) You have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent. Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection.
(v) You have the right, under certain circumstances, to restrict the processing of your Personal Information. These circumstances include: the accuracy of your Personal Information is contested by you and we must verify its accuracy; the processing is unlawful, but you oppose the erasure of your Personal Information and request the restriction of its use instead; we no longer need your Personal Information for the purposes of processing, but you require it to establish, exercise or defend your legal claims; you have objected to processing pending the verification of whether our legitimate grounds override your legitimate grounds. Where processing has been restricted, such Personal Information will be marked accordingly and, with the exception of storage, will be processed only with your consent or for the establishment, to exercise or defense of legal claims, for the protection of the rights of another natural, or legal person or for reasons of important public interest.
(vi) You have the right, under certain circumstances, to obtain the erasure of your Personal Information from us. These circumstances include: the Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure such as where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, to exercise or defense of legal claims.
(vii) You have the right to receive your Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance from us, provided that such transmission does not adversely affect the rights and freedoms of others.
(viii) You have the right to complain to a data protection authority about our collection and use of your Personal Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your Personal Information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

California privacy rights
Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.
In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.

Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.

How to exercise your rights
Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.

You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Push notifications
We offer push notifications to which you may voluntarily subscribe at any time. To make sure push notifications reach the correct devices, we rely on a device token unique to your device which is issued by the operating system of your device. While it is possible to access a list of device tokens, they will not reveal your identity, your unique device ID, or your contact information to us. We will maintain the information sent via e-mail in accordance with applicable laws and regulations. If, at any time, you wish to stop receiving push notifications, simply adjust your device settings accordingly.

Affiliate links
We may engage in affiliate marketing and have affiliate links present on the Mobile Application and Services for the purpose of being able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for purposes of commissions.

Links to other resources
The Mobile Application and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Mobile Application and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information security
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Mobile Application and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

Data breach
In the event we become aware that the security of the Mobile Application and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice in the Mobile Application.

Changes and amendments
We reserve the right to modify this Policy or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Mobile Application and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Mobile Application and Services.

Contacting us
If you have any questions regarding the information we may hold about you or if you wish to exercise your rights, you may use the following data subject request form to submit your request:

Submit a data access request
If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:
https://www.netbayz.com

We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.

This document was last updated on August 2, 2022

User Agreement​

GENERAL TERMS AND CONDITIONS NETBAYZ OVERVIEW 

NetBayz is operated by DifferentHumans. Throughout NetBayz, the terms "we", "us" and "our" refer to NetBayz. NetBayz offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. When you visit our NetBayz and/or order something from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including any additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of NetBayz, including without limitation users who are visitors, suppliers, customers, merchants and/or content creators. Please read these Terms and Conditions carefully before accessing or using NetBayz. By accessing or using any part of NetBayz, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this Agreement, you may not access NetBayz or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Any new features or tools that are added will also be subject to the Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes to our Website or App. It is your responsibility to check NetBayz regularly for any changes. By continuing to use or access NetBayz after the posting of any changes, you will be deemed to have accepted those changes. NetBayz is hosted on AWS servers. 


SECTION 1 - TERMS AND CONDITIONS FOR NETBAYZ 

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence or that you are of legal age in your country of residence and have given us your consent to allow your minor dependents to use this website. You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) by using the Service. You must not transmit any worms or viruses or any other code of a destructive nature. Violation of or breach of any of these Terms will result in immediate termination of your Service. 


SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to any person at any time for any reason. You acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over different networks and (b) changes to meet and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted when transmitted over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or any contacts on the Site through which the Service is offered, without express written permission from us. The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms. 


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. 

We are not responsible if the information provided on this site is not accurate, complete or up-to-date. The material on NetBayz is for general information only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change content on this site or the app at any time, but are under no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our website. 


SECTION 4 - CHANGES TO THE SERVICE AND PRICES 

Prices are subject to change at any time. We reserve the right to change or discontinue the Service (or any part or content thereof) without notice at any time. NetBayz shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 


SECTION 5 - PRODUCTS OR SERVICES 

(if applicable) Certain products or services may only be available online through the Website. These products or services may only be available in limited quantities and are only subject to return or exchange in accordance with our returns policy. We have made every effort to display as accurately as possible the colors and images of the products that appear in the shop. We cannot guarantee that your computer screen will display every color correctly. We reserve the right, but have no obligation, to limit the placement of products or services to certain persons, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited. We do not guarantee that the quality of any product, service, information or any other material purchased or acquired by you will meet your expectations or that any errors in the service will be corrected. 


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchase quantities per person, per household, or per order. These limits may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiry dates, so that we may complete your transactions and contact you as needed. For more details, please read our returns policy. 


SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we do not have the ability to monitor, control or influence. You agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We do not accept any liability arising from or related to your use of any additional third-party tools. Any use of additional tools provided through the Website is at your own responsibility and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website/App (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions. 


SECTION 8 - THIRD-PARTY LINKS 

Certain content, products, and services available through our Service may include materials and information provided by third parties. Third-party links on this website may take you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant or assume any liability or responsibility for any materials or websites or for any other materials, products, or services provided by third parties. We are not liable for any damages arising in connection with the purchase or use of any goods, services, resources, content, or other transactions in connection with any Third Party Sites. Please read the third-party provider's policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third-party provider. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If you submit certain Submissions (e.g., Contest Entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without solicitation by us, you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any Comments you submit to us in any medium at any time without restriction. We are not and will not be obligated to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments. We may, but are not obligated to, monitor, edit or remove any Content that we, in our sole discretion, determine to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party's intellectual property or these Terms and Conditions. You agree that your Comments do not infringe any third party rights, including but not limited to copyright, trademark, privacy or personal rights or any other personal or proprietary rights. You further agree that your Comments will not contain any libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or any computer viruses or other malware that could interfere in any way with the operation of the Services or any related website or application. You must not use a false email address, impersonate any other person or mislead us or any third party as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We are neither responsible nor liable for comments posted by you or any third party. 


SECTION 10 - PERSONAL DATA 

The transmission of personal data via the Shop is subject to our Privacy Policy. For more information, please read our Privacy Policy. 


SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS 

Occasionally our website or service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charge, delivery time, and availability. We reserve the right at any time and without prior notice (including after you have placed your order) to correct any errors, inaccuracies, or omissions and to change or update any information or cancel any order if any information relating to the Service or on any related website is incorrect. We do not undertake any obligation to update, amend or clarify any information in relation to the Service or on any related website, including, but not limited to, pricing information, unless required to do so by law. Any update dates given in relation to the Service or on any related website should not be taken as an indication that all information in relation to the Service or on any related website has been changed or updated. 


SECTION 12 - PROHIBITED USES 

In addition to any other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, libel, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information;  (g) to upload or transmit viruses or any other type of harmful code that in any way interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. 


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

We do not warrant, represent or guarantee that the use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may from time to time remove the Service indefinitely or discontinue it at any time without notice to you. You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are provided to you (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, resilience, title or non-infringement. In no event shall DifferentHumans, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising out of or in connection with the use of the Service or any products procured through the Service, or for any other claim relating in any way to the use of the Service or any product, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those states or jurisdictions, our liability is limited to the maximum extent permitted by law. 


SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless NetBayz, DifferentHumans, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 


SECTION 15 - SEVERABILITY CLAUSE 

If any provision of these Terms and Conditions is found to be illegal, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any remaining provisions. SECTION 16 - TERMINATION The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes. These Terms and Conditions will continue until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you stop using our website. If, in our sole discretion, you fail or we suspect that you fail to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date, and/or we will deny you access to our Services (or any part thereof). 


SECTION 17 - ENTIRE AGREEMENT 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions, together with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, prior versions of the Terms and Conditions). Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 


SECTION 18 - APPLICABLE LAW 

These Terms and Conditions and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of Switzerland. 


SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS 

You may review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions will constitute your acceptance of such changes. 


SECTION 20 - CONTACT DETAILS 

Questions about the Terms and Conditions should be directed to us at info@netbayz.com. The basis and binding force of this document is always the German version. Translation in other languages by DeepL.com 

All rights reserved - Last updated: Aug 19, 2022

Affilate Disclaimer​

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