GENERAL TERMS AND CONDITIONS
EMATONDO
These General Terms and Conditions (“Terms”, “Terms and Conditions” or “Agreement”) govern access to and use of the website (https://ematondo.com/) and any products, services, content, events, memberships, registrations, subscriptions or other offerings made available through the Website (collectively, the “Services”).
The Website and Services are operated by:
Ematondo
Legal name: [eMatondo Group]
Email: [contact@ematondo.com]
By accessing or using the Website, you acknowledge that you have read, understood and agreed to these Terms. If you do not agree with these Terms, you must not use the Website or the Services.
1. Scope of Application
1.1. These Terms apply to all users and visitors of the Website and, where applicable, to all contractual relationships between Ematondo and customers, participants, members, partners or other users of the Services.
1.2. Additional terms may apply to specific Services, events, products, registrations, subscriptions or promotions. Where such additional terms apply, they will be made available to the user before the relevant transaction or registration.
1.3. In the event of a conflict between these Terms and specific terms applicable to a particular Service, the specific terms shall prevail solely with respect to that Service.
1.4. Consumers shall benefit from all mandatory rights and protections granted to them under applicable law. Nothing in these Terms is intended to exclude or restrict mandatory consumer rights.
2. Eligibility and User Responsibilities
2.1. You may use the Website only if you have the legal capacity to enter into a binding agreement under applicable law.
2.2. Where a Service requires registration, you agree to provide accurate, complete and up-to-date information.
2.3. You are responsible for maintaining the confidentiality of any account credentials and for all activities carried out through your account.
2.4. You must immediately notify Ematondo if you believe that your account or credentials have been accessed or used without authorization.
2.5. You agree not to use the Website or Services:
- for any unlawful purpose;
- to infringe the rights of Ematondo or any third party;
- to distribute malware, viruses or other harmful code;
- to gain unauthorized access to systems or data;
- to interfere with the operation or security of the Website;
- to impersonate another person or organization;
- to submit false, misleading or fraudulent information;
- to collect personal information about other users without authorization; or
- in any manner that could damage the reputation, operation or security of Ematondo.
3. Website and Services
3.1. Ematondo may provide information, digital content, event information, community services, promotional materials, products, registrations or other Services through the Website.
3.2. Ematondo reserves the right to modify, update, suspend or discontinue any part of the Website or Services where reasonably necessary, subject to applicable contractual and consumer rights.
3.3. Ematondo does not guarantee that the Website will always be available, uninterrupted, secure or error-free.
3.4. Information published on the Website is provided for general informational purposes unless expressly stated otherwise.
3.5. Ematondo reserves the right to correct errors, inaccuracies or omissions, including errors relating to descriptions, prices, availability or other information, subject to applicable law.
4. Registration and User Accounts
4.1. Certain Services may require users to create an account.
4.2. You agree to provide truthful and complete information when creating an account.
4.3. You must keep your login details confidential and must not knowingly allow unauthorized persons to use your account.
4.4. Ematondo may suspend or terminate an account where there are reasonable grounds to believe that the account is being used unlawfully, fraudulently or in violation of these Terms, subject to applicable law.
4.5. You may request deletion of your account by contacting Ematondo at [EMAIL ADDRESS], subject to any legal obligations requiring Ematondo to retain certain information.
5. Orders, Bookings and Contracts
5.1. Where the Website allows users to purchase products, book Services, register for events or enter into other transactions, the information displayed on the Website constitutes an invitation to submit an offer unless expressly stated otherwise.
5.2. A contract is formed when Ematondo accepts the user’s order, booking or registration in accordance with the applicable ordering process.
5.3. Confirmation of an order or booking may be sent electronically to the email address provided by the user.
5.4. Ematondo reserves the right to refuse an order or booking where there is a legitimate reason to do so, including technical errors, lack of availability, suspected fraud or incorrect pricing information, subject to applicable law.
6. Prices and Payment
6.1. All applicable prices shall be displayed on the Website before the user completes a purchase or booking.
6.2. Unless otherwise indicated, prices include applicable statutory taxes. Any additional fees, delivery charges or other costs shall be clearly communicated before the user is bound by the transaction.
6.3. Available payment methods will be displayed during the relevant transaction process.
6.4. Payment must be made using one of the payment methods offered by Ematondo or its authorized payment providers.
6.5. Where payment is processed by a third-party payment provider, the provider’s own terms and privacy policies may also apply.
6.6. Ematondo does not generally store complete payment card information unless expressly stated and lawfully permitted.
7. Events and Event Registrations
7.1. Where Ematondo organizes or promotes events, the event description shall specify the relevant date, location, registration requirements, price and other material conditions.
7.2. Event dates, locations, schedules, performers, speakers and other program elements may be subject to change for legitimate reasons.
7.3. If Ematondo cancels or materially changes an event, users shall receive the rights and remedies required by applicable law and any specific event terms.
7.4. Where an event is postponed, the applicable event-specific terms shall determine whether existing registrations remain valid and whether refunds are available.
7.5. Users attending events must comply with reasonable instructions concerning safety, security, venue rules and the rights of other participants.
8. Cancellation and Consumer Withdrawal Rights
8.1. Where a user qualifies as a consumer under applicable law, statutory cancellation or withdrawal rights shall apply where required.
8.2. In particular, consumers within the European Union may have a statutory right of withdrawal for certain distance contracts, subject to legal exceptions.
8.3. The statutory withdrawal period and procedure shall be communicated to consumers where applicable.
8.4. Certain Services may be exempt from the statutory right of withdrawal, including certain leisure activities provided on a specific date or during a specific period, where such exemption applies under applicable law.
8.5. Nothing in these Terms shall limit or exclude a consumer’s mandatory statutory rights.
9. Refunds
9.1. Refunds shall be handled in accordance with applicable law and the specific terms applicable to the relevant product, Service, booking or event.
9.2. Where a refund is legally required, Ematondo will process the refund within the applicable statutory period.
9.3. Unless otherwise required by law, refunds will generally be made using the original payment method.
9.4. Additional refund conditions may apply to specific events, subscriptions or Services and will be communicated before purchase where applicable.
10. Intellectual Property Rights
10.1. Unless otherwise stated, all content made available through the Website, including text, photographs, graphics, logos, trademarks, videos, audio recordings, designs, layouts, software and other materials (“Content”), is owned by or licensed to Ematondo.
10.2. The Content is protected by applicable intellectual property laws.
10.3. Users may access and use the Website and Content for personal and lawful purposes only, unless Ematondo has expressly authorized another use.
10.4. Without prior written permission, users may not:
- reproduce substantial portions of the Content;
- distribute or publicly communicate the Content;
- commercially exploit the Content;
- modify or create derivative works from the Content;
- remove copyright, trademark or other proprietary notices; or
- systematically extract or reproduce Website content.
10.5. Nothing in these Terms transfers ownership of any intellectual property rights to the user.
11. User-Generated Content
11.1. Where the Website permits users to submit comments, photographs, videos, reviews, messages or other content (“User Content”), users remain responsible for their submissions.
11.2. By submitting User Content, you represent that:
- you own or control the necessary rights;
- the content does not infringe third-party rights;
- the content is not unlawful, defamatory, discriminatory or fraudulent;
- the content does not contain malicious software; and
- you have obtained all necessary permissions from persons appearing in the content where required.
11.3. To the extent necessary to operate, promote and improve the Website and Services, you grant Ematondo a non-exclusive, worldwide, royalty-free license to host, reproduce, display and communicate User Content, subject to applicable law.
11.4. Ematondo may remove User Content that violates these Terms or applicable law.
12. Third-Party Websites and Services
12.1. The Website may contain links to third-party websites, platforms or services.
12.2. Such links are provided for convenience only.
12.3. Ematondo does not control third-party websites and is not responsible for their content, availability, security, privacy practices or terms.
12.4. Your use of third-party services is subject to the terms and policies of the relevant third party.
13. Privacy and Data Protection
13.1. Ematondo processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) where applicable.
13.2. Details concerning the collection, use, storage and protection of personal data are provided in Ematondo’s Privacy Policy.
13.3. Where cookies or similar technologies are used, additional information shall be provided through the Website’s cookie notice or cookie policy where required.
13.4. Users should review the Privacy Policy before using Services that require the processing of personal information.
14. Communications
14.1. Where users provide an email address or other contact information, Ematondo may use it to communicate with them regarding their account, orders, bookings, registrations or Services.
14.2. Marketing communications will only be sent where permitted by applicable law and, where required, based on the user’s consent.
14.3. Users may withdraw marketing consent at any time by using the relevant unsubscribe mechanism or contacting Ematondo.
15. Availability and Technical Requirements
15.1. Users are responsible for obtaining the necessary equipment, software, internet connection and telecommunications services required to access the Website.
15.2. Ematondo does not guarantee compatibility with every device, operating system or browser.
15.3. Ematondo may temporarily restrict access to the Website for maintenance, security updates, technical improvements or other legitimate reasons.
16. Disclaimer
16.1. To the maximum extent permitted by applicable law, Ematondo provides the Website and general informational Content on an “as available” basis.
16.2. Ematondo does not guarantee that all information will always be complete, current or free from errors.
16.3. Nothing in these Terms excludes statutory guarantees, warranties or consumer rights that cannot legally be excluded.
17. Limitation of Liability
17.1. Ematondo shall be liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and in all other circumstances where liability cannot legally be excluded or limited.
17.2. Subject to applicable law, Ematondo shall not be liable for indirect or consequential losses that could not reasonably have been foreseen at the time the contract was concluded.
17.3. Nothing in these Terms limits liability that cannot legally be limited under applicable law.
17.4. Where Ematondo is liable for ordinary negligence, such liability shall, to the extent legally permissible, be limited to foreseeable and typical damage resulting from a breach of material contractual obligations.
18. Indemnification
18.1. Where permitted by applicable law, a user who culpably violates these Terms or applicable law shall be responsible for losses or reasonable costs incurred by Ematondo as a direct result of such violation.
18.2. This provision does not apply to the extent that the user is not legally responsible for the relevant conduct.
19. Suspension and Termination
19.1. Ematondo may restrict or terminate access to the Website or an account where there is a legitimate reason, including a material violation of these Terms, unlawful conduct, fraud or security risks.
19.2. Where required by law, Ematondo will provide appropriate notice before termination.
19.3. Termination shall not affect rights and obligations that by their nature are intended to survive termination.
20. Changes to These Terms
20.1. Ematondo may update these Terms from time to time to reflect changes in the Services, legal requirements, technology or business operations.
20.2. Material changes affecting existing contractual relationships will be communicated in accordance with applicable law.
20.3. The updated version will be published on the Website together with its effective date.
21. Governing Law
21.1. These Terms shall be governed by the laws of [GERMANY / OTHER APPLICABLE JURISDICTION], subject to mandatory consumer protection provisions applicable in the country where the consumer has their habitual residence.
21.2. If the user is a consumer, the choice of law shall not deprive the consumer of protections that cannot be contractually excluded under applicable mandatory law.
22. Dispute Resolution
22.1. Ematondo encourages users to contact it directly in the event of a complaint or dispute:
Email: [contact@ematondo.com]
22.2. Ematondo will make reasonable efforts to resolve complaints amicably.
22.3. Where applicable, consumers may also have access to statutory alternative dispute resolution mechanisms or competent consumer dispute resolution bodies.
22.4. Any applicable information concerning online dispute resolution, alternative dispute resolution or competent authorities shall be provided in accordance with the laws applicable to Ematondo.
23. Severability
23.1. If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
23.2. The invalid provision shall, where legally permissible, be replaced by a valid provision that most closely reflects its intended economic and legal purpose.
24. No Waiver
24.1. Failure by Ematondo to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision at a later date.
25. Entire Agreement
25.1. These Terms, together with any applicable specific terms, Privacy Policy, Cookie Policy and other contractual documents expressly incorporated into them, constitute the agreement governing the user’s use of the relevant Services.
25.2. Nothing in this clause limits mandatory statutory rights.
26. Contact
For questions concerning these Terms, please contact:
Ematondo
Email: [contact@ematondo.com]
Website: https://ematondo.com/