The English version of legal agreements and policies is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the English version. Any translated versions are not legally binding and cannot replace the English versions. In the event of disagreement or conflict, the English language legal agreements and policies shall prevail.

 

1. INTRODUCTION

AQUAPONICS UNITED - AU, the details of which are indicated in the AU’s Terms of Service, ("AU") provides you aquaponics forum, and related products and service.

AU seeks to ensure the highest level of data privacy when offering its variety of quality products and services to AU customers and subscribers ("Subscribers") (collectively, “You”, or "Users").

At AU, the privacy and security of our Users is of paramount importance. AU is committed to protecting the data you share with us.

When this Policy mentions "AU", "we," "us", or "our", it refers to AU that is responsible for protection of your personal information in line with this Privacy Policy ("Data Controller").

This Privacy Policy ("Policy") explains how AU processes information that can be used to directly or indirectly identify an individual ("Personal Data") collected on our Site, our services (“Service”), forums and our mobile applications ("Platform").

All personal data are processed in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

2. GENERAL PRINCIPLES. CONFIDENTIALITY

AU shall process all Personal Data adhering to the general data processing principles:

• lawfully, fairly and in a transparent manner in relation to the data subject (lawfulness, fairness, and transparency);
• collect and process Personal Data only for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (purpose limitation);
• ensure that Personal Data is adequate, relevant and limited to what is necessary for relation to the purposes for which they are processed (data minimization);
• ensure that Personal Data is accurate and, where necessary, kept up to date (accuracy);
• ensure that Personal Data is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (storage limitation);
• process Personal Data in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (integrity and confidentiality).

All and any information stored on AU 's Platform is treated as strictly confidential. All information is stored securely and is accessed by qualified and authorized personnel only.

3. INFORMATION WE COLLECT

3.1. Information You provide to us.

Information that is necessary for the use of the AU Platform

We ask for and collect the following personal information about you when you use the AU Platform. This information is necessary for the adequate performance of the contractual arrangement which is in place between you and us and to allow us to comply with our legal obligations. Failing to provide any of this data or decision to delete or object to the processing of any of such data may result in de-activation of your AU Account.

• Account Signup Information. When you sign up to AU, we require you to provide minimum information - email address and password. In some particular cases we ask you to provide more information - such as your first and last name, identity verification, contact details. Such information is required when you are applying for a aquaponics project.
• Login information. We collect Login scope and Email scope from Google, please see https://developers.google.com/identity/protocols/oauth2/scopes?hl=en and email from Facebook.
• Identity Verification. To comply with the rules set forth by the Spanish government before became volunteer of a aquaponics project, AU may collect identity verification information (such as images of your passport, national ID card, valid driving license or other documents as required or permitted by applicable laws).
• Payment Information. To order and use features of the AU Platform (such become member of AU), we may require you to provide certain financial information in order to facilitate the processing of payments. We use 3rd party (payment processor) services, so we do not collect and store credit card information (we receive information about the payment status).
• Communications, Chats, Messaging. When you communicate with AU (using general inquiries window), we collect information about your communication and any information you choose to provide or disclose. In order to respond to your request, we may access information provided in your AU Account, purchase history, etc.
• Volunteer applicants' information. We also collect information that you provided to us by applying to any of the open career positions published at https://www.aquaponicsunited.com/career, by e-mail or otherwise. For more details see Section 5 below.
• Visitors and users of our User’s projects or services. We may also collect information pertaining to visitors and users of our User’s projects or services (“Users-of-Users”), solely for and on our Users’ behalf.

You may also choose to provide us information when you fill in a form, conduct a search, update or add information to your AU Account, respond to surveys, post to community forums, participate in projects, or use other features of the AU Platform. We advise against posting any information you don’t wish to make public on the AU Platform. If you upload any content to your account or post it on your profile and provide it in any other way as part of the use of any Service, you do so at your own risk.

AU processes information you provide to us on the legal basis of:

• Your consent, expressed when voluntarily submitting and filling your Personal Data details in sign-up forms, by e-mail, request or inquiries window, etc.; and
• Conclusion and performance of contractual arrangements and obligations between AU and the User;
• Pursuance of legitimate interests of AU, as Data Controller and manager of AU platform;

Disclaimer

Please always take care and observe at least the following minimum requirements for the protection of your personal information:

• please omit using your name, address, telephone number, e-mail, personal identification number, date of birth, bank Account number, card number, other special (sensitive) data, etc. in the subject of the request or file name;
• please omit using your personal code, payment card number, and other financial information and details, health, family member details, or other specific (sensitive) data, in the texts of requests, e-mails or similar communication to us, and
• please make sure that the remaining personal data is only indicated to the extent necessary for the purposes for which the letter, request or inquiry is sent.

Right to delete your data

You may at any time access and edit, update or delete your contact details by logging into your AU 's platform Account.

Please note that you will only be able to delete your email during de-activation of your AU Account. To deactivate your Account, please send your request to This email address is being protected from spambots. You need JavaScript enabled to view it., and you will be provided with further guidance.

3.2. Information We Collect when You use the Platform

When you use the AU Platform or contact us directly by any communication channel, we may collect information, including personal information, about the services you use and how you use them.

This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the AU Platform.

Automatic collection of data

• Log data and Device information. We automatically collect log data and device information when you access and use the AU Platform, even if you have not created an AU Account or logged in. That information includes, among other things: Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and/or clickstream data.
• Tracking technologies and Cookies. We use cookies, beacons, tags, scripts and other similar technologies, such as CI codes (click tracking), ISC (source tracking), and ITC (item tracking codes). We also automatically collect information about device's operating system, phone model, device ID and customer number. For more detail information on the use of these technologies, see our Cookies Policy.
• Usage information. We use a tool called "Google Analytics" to collect information about your interactions with the AU Platform (what pages you visit, such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the AU Platform. In consequence, Google, Inc. plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site). For more information, please visit Google.
• Geo-location data. We collect information about your approximate location as determined by data such as your IP address to offer you an improved user experience and comply with applicable legal requirements, such as taxes, pricing, etc. Such data may be collected only when you access AU platform using your device.

AU processes this information on the legal basis of:

• Your consent;
• Conclusion and performance of contractual arrangements and obligations between AU and the User;
• Pursuance of legitimate interests of AU, as Data Controller and manager of AU platform.

4. HOW WE USE YOUR DATA?

We use, store, combine and process information, including personal information, about you to provide, understand, improve, and develop the AU Platform, create and maintain a trusted and safer environment and comply with our legal obligations.

• To Identify. Personal identification information is collected and processed for the purposes of User identification as well use of services and domain name registration. Additionally, this information may be used to provide Users with support, letting them know about upcoming updates or improvements, providing information regarding changes of any Terms of Use (including changes to this Policy) as well as other important information.
• To Create and Maintain Trusted Environment. We verify or authenticate information or identifications provided by you (such as ID number, email or phone numbers). We also use collected information to detect and prevent fraud, spam, abuse, security incidents, and other illegal and harmful activities.
• To Create Aggregated Statistical Data, to Carry out Market Research and Analysis necessary for running out our business, to improve our services we use aggregated and/or inferred non-personal information enabling us to evaluate our customers’ needs, sales and other trends of our activities.
• To Stay Connected. We use information about data usage, devices, operating systems to diagnose problems with our servers, to administer our Platform, adopt decision when to retire SDK's/OS versions, to identify characteristics of major users so that we may optimize our applications and services and make your browsing and purchasing experience more enjoyable.
• To Customize Marketing. To provide more customized offers to our Users, we may conduct data analysis based on information you provide to us, your interactions with the AU Platform and its Users.
• To Send Service and Billing Messages. AU may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the communication channels available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your hosting plan; or notify you of material changes in our Services. Such kind of communication is essential, for this reason, no opt-out possibilities are given to avoid receiving such Service and Billing Messages unless you are no longer a AU User (which can be done by deactivating your Account).
• To contact you. In order to notify you regarding your Account, to troubleshoot problems with your Account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes, we may contact you via email, telephone, text messages, and portal.
• To get feedback. We may contact you via email to invite you to review any services and/or products you received from us in order to collect your feedback and improve our services. We might use an external company, to collect your feedback which means that we will share your name, email address and reference number for this purpose.
• To provide, operate and improve the Services.
• To enhance data security and to prevent fraud.
• To comply with applicable laws and regulations.

5. VOLUNTEER APPLICATIONS

AU welcomes all qualified Applicants to apply to any of the open positions published at https://www.aquaponicsunited.com/career, by sending us their contact details and CV ("Applicants Information") via the relevant Position Application Form on our Website, or through any other means provided by us.

We understand that privacy and discreteness are crucial to our Applicants and are committed to keep Applicants Information private and use it solely for AU 's internal and group companies’ recruitment purposes (including for identifying Applicants, evaluating their applications, making hiring and employment decisions, and contacting Applicants by phone or in writing).

AU may retain Applicants Information submitted to it for no longer than one year after the applied position has been filled or closed. We collect this information to re-consider Applicants for other positions and opportunities at AU; we can use their Applicants Information as reference for future applications submitted by them; and if the Applicant is hired, for additional employment and business purposes related to his/her work at AU.

If you previously submitted your Applicants Information to AU, but now wish to access it, update it or have it deleted from our systems, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. .

6. INFORMATION PERTAINING TO VISITORS AND USERS OF OUR USER’S PROJECTS OR SERVICES 

We may collect, store and process certain information pertaining to visitors and users of our User’s projects or services, solely on our Users’ behalf and at their direction. Each of our Users is able to collect and manage information, including personal data, via their website. Such information and personal data are then stored with AU. For such purposes, within the meaning of the GDPR, AU may in certain limited cases, as specified in the Terms of Service, be considered as a “data processor” of such information pertaining to visitors and users of their projects or services. The Users controlling and operating such User projects, shall be considered as the “data controllers” of such information, and shall be solely, completely and fully responsible and liable for complying with all laws and regulations that may apply to the collection and control thereof, including all privacy and data protection laws of all relevant jurisdictions.

User shall be solely, completely and fully responsible for the security, integrity and authorized usage of information related to visitors and users of their projects or services, and for obtaining consents, permissions and providing any fair processing notices required for the collection and usage of such information.

AU has no direct relationship with the individual visitors and users of our User’s websites or services whose personal data it processes. If you are a customer of any of our Users, and would like to make any requests regarding your personal data, please contact such User(s) directly.

For more information about data processing arrangement between us and our Users, please see our Terms of Service. 

7. DIRECT MARKETING AND SERVICE EXPIRATION NOTICES/RENEWAL REMINDERS

When creating an Account at our Platform, subject to the available preferences, you are free to give consent and/or opt-out from receiving various offers and/or notices directly to your e-mail, phone (SMS and/or Whatsapp messages) or in your Account. We use provided contact details and your preferences for direct marketing (by sending various offers or newsletters) and/or Service expiration notices / renewal reminders.

This communication, depending on your preferences, may be personalized taking into account any other information which you have provided to us (e.g. location, social media profile information, purchase history etc.) or we have collected or generated from other sources as described below.

Please note that in case you subscribe to service expiration notices / renewal reminders via SMS/WhatsApp, it is our right, but not an obligation, to send such notices / reminders for each Service.

Right to object / revoke consent 

If a User wishes to change their preferences communication (revoke consent or object), they are free to exercise such option at any time they wish by (1) following the instructions to unsubscribe in the received email (usually, by clicking on a link for that purpose at the bottom of our e-mail) / text message; (2) visiting and adjusting User’s personal account settings (communication preferences).

You may also at any time refuse to receive information from us by sending an email to AU This email address is being protected from spambots. You need JavaScript enabled to view it..

8. OTHER USES OF YOUR PERSONAL DATA

• Developing Platform. We use data, including public feedback, to conduct research and development for the further development of our platform in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth.
• Customer Support. We use data to help you and fix problems. We use the data (which can include your communications) to investigate, respond to and resolve complaints and issues (e.g., bugs).
• Aggregate Insights. We use data to generate aggregate insights. We use your data to produce and share aggregated insights that do not identify you.
• Security and Investigations. We use data for security, fraud prevention and investigations. We use your data (including your communications) if we think it's necessary for security purposes or to investigate possible fraud or other violations of our Terms of User or this Policy and/or attempts to harm our Users.

9. SOURCES OF PERSONAL DATA

We collect and receive your Personal data from yourself (including your device) as well as from the following sources:

• Social network operators (such as Facebook, Google, etc.);
• Third-party service providers, suppliers and our partners;
• Other legal sources.

10. RETENTION AND DELETION

We generally retain your personal information for as long as is necessary to provide our services and to comply with our legal obligations. Where your personal information is no longer required, we will ensure it is securely deleted.

If you would like to stop us using your personal information, you shall request that we erase your personal information and close your AU Account.

After de-activation of Account, we will still retain the following data for the purposes of compliance with applicable legal requirements (such as tax, accounting, legal reporting, AML, other), for as long as we are legally required by virtue of such legal requirements:

• profile with de-personalised information (we will change your email into This email address is being protected from spambots. You need JavaScript enabled to view it., erase you name, surname and contact information) like purchased services, login information, payment information, etc.

Please also note that we may further retain some of your personal information in such cases (i.e., after closure of your AU Account):

• as long as it is necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. If AU suspends your AU Account for safety reasons, we may retain certain information from that AU Account to prevent that User from opening a new AU Account in the future;
• the extent necessary to comply with our legal obligations. AU may keep some of your information for tax, legal reporting and auditing obligations;
• forum posts or other publicly visible information may continue to be publicly available on the AU Platform, even after your AU Account is deactivated. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers;
• to resolve disputes;
• to enforce our agreements and/or pursue or protect our legitimate interests;
• as we protect AU Platform from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time;

11. DATA TRANSFERS AND USE OF THIRD-PARTY SERVICES

While collecting and processing your Personal Data, we may perform data transfers to various third parties.

11.1. With your consent

We will share your Personal Data with companies, organizations or individuals outside our group of companies when we have your consent to do so.

11.2. Where do we process your personal data?

• Users' Personal Information may be maintained, processed and stored by AU and service providers in the US, and in other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law (as further explained below).
• Job and Volunteer Applicants Information will be maintained, processed and stored in US, in the applied position's location(s), and as necessary, in secured cloud storage provided by our Third-Party Services.
• AQUAPONICS UNITED - AU is based in Spain, which is a member of EU and offers an adequate level of protection for the Personal Information of EU Member State residents.
• AU affiliates and service providers (such as third-party data centres, servers, website design, administration services, online traffic and website analysis, statistics, direct marketing services, mailers, messengers, etc.), that store or process your personal data as well as personal data of your users on AU's behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction (see below).

We may share non-personally identifiable information publicly as well as with our partners - publishers, advertisers. For example, we may share information publicly to show trends about the general use of our platform.

If we are involved in a merger, reorganization, acquisition or sale, we will continue to ensure the confidentiality of any Personal Data and give all affected Users appropriate notices.

Some of our servers are located outside EU or European Economic Area (EEA), such as US, Brazil, Singapore, Indonesia, therefore, depending on your choice or the Services, your personal data as well as personal data of your users might be transferred to processors, sub-processors or other data recipients established in such third countries (i.e., data centers and servers, located outside EU or EEA, please see more here).  We will ensure that the said personal data will be transferred only if there is a sufficient basis for this under the GDPR and other applicable legal acts.

Standard contractual clauses for data transfers outside the EU or EEA. Your personal data as well as personal data of your users might be transferred to processors, sub-processors or other data recipients established in third countries (i.e., data centers and servers, located outside EU or EEA, please see more here). For such transfers to be compatible with the requirements of GDPR, we have concluded with the data processors and/or sub-processor relevant agreements on such data transfers outside EU or EEA, which comply with the European Commission approved standard contractual clauses for data transfers from data controllers in the EU to data processors and/or controllers established outside the EU or European Economic Area (EEA). For more see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.  For the said purposes and to the extent relevant we have deemed that the said agreements were concluded on your behalf and under your instructions, as the case may be, all in line with Art. 46 of GDPR.

Other grounds for data transfers outside the EU or European Economic Area (EEA). Your personal data as well as personal data of your users might be transferred to data recipients established in third countries on other legal grounds compatible with the requirements of GDPR (Art. 45-49).

Transfer, disclosure of data to competent authorities.  In certain situations, AU may be asked to disclose personal data in response to lawful requests by public authorities, other competent authorities, including when it is required to meet national security or law enforcement requirements, and will do so where permitted by local data protection laws.

11.3. Data Localisation Obligations

If you reside in a jurisdiction that imposes "data localisation" or "data residency" obligations (i.e., requiring that Personal Information of its residents be kept within the territorial boundaries of such jurisdiction), and this fact comes to our attention, we may maintain your Personal Information within such territorial boundaries, if we are legally obligated to do so.

You acknowledge that while doing so, we may continue to collect, store and use your Personal Information elsewhere.

11.4. Targeting, advertising

We also use Facebook, Google, as well as other advertising and marketing tools. You should carefully read the privacy policy of these service providers. More information on the targeted advertising, as well as your opt-out rights and other rights, you will find on the respective websites of these service providers - https://lt-lt.facebook.com/policies/ads#; https://policies.google.com/technologies/ads.

11.5. Social Media Features

Our Services include certain Social Media features and widgets, single sign on features, such as the "Facebook Connect" or "Google Sign-in", the "Facebook Like" button, the "Share this" button or other interactive mini-programs ("Social Media Features"). These Social Media Features may collect information such as your IP address or which page you are visiting on our Website, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties' Social Media Features are governed by their respective policies.

11.6. Our Legal Obligation to Use or Disclose Personal Data

We will reveal your Personal Data to state and public authorities without your prior permission only when we are legally required to provide information, including taking legal action to defend our rights, as well as the cases, where we have a belief in good faith that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, enforce applicable Terms of Services, including investigation of potential violations, detect, prevent or otherwise address fraud, security or technical issues.

11.7. Other

We may share your personal data in manners other than as described above, pursuant to your explicit consent, or if we are legally obligated to do so. 

12. SECURITY

AU has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of our Services and protection of our Visitors' and Users' privacy.

Regardless of the measures and efforts taken by AU, we cannot and do not guarantee the absolute protection and security of your Personal Information, or any other User Content you upload, publish or otherwise share with AU or anyone else.

We therefore encourage you to set strong passwords for your User Account and avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm.

If you have any questions regarding the security of our Services, you are welcome to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

13. YOUR RIGHTS

You are entitled to a range of rights regarding the protection of your Personal Data, which are subject to limitations, restrictions and conditions as laid down in GDPR and applicable law. Those rights are:

• the right to access the information we process about you;
• the right to rectify incorrect/inaccurate information about you;
• the right to transfer all or part of the information collected about you to you or another data controller, where technically feasible (the right to data portability; with limitations and restrictions as specified in the EU General Data Protection Regulation);
• the right to erase any data concerning you. Users may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed;
• the right to the restriction of data processing. Users, for legitimate purposes, may obtain restriction of data processing from the controller;
• the right to object to the processing of Personal Data when processing is carried out on the basis of legitimate interest, as well as in cases of use of your personal data for direct marketing purposes, as specified above in this Policy.

Some of the rights as above are easy to exercise: i.e., you may at any time access and edit, update or amend your details, opt out of receiving communications from us and our partners by visiting and adjusting your personal account settings, or by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..

When you object to processing of Personal Data when processing is carried out on the basis of legitimate interest, we will carefully consider such a request, which may result in your Account closure or de-activation.

Users have the right to lodge a complaint with the national Data Protection Agency in their country of residence in the event where their rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first.

14. ACCEPTANCE OF THIS POLICY

We assume that all Users of AU Platform have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our website, and mobile applications. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 17. Continued use of AU 's website and mobile applications implies acceptance of the revised Policy.

This Policy is an integral part of AU 's Terms and Conditions.

We will ask for your consent before using information for a purpose other than those set out in this Policy.

15. CONTACTS

For all your requests or comments concerned with this Privacy Policy, please contact: This email address is being protected from spambots. You need JavaScript enabled to view it..

16. APPLICATION OF POLICY

Our Policy applies to all of the services offered by us and our affiliates, including AQUAPONICS UNITED – AU, Non-Governmental Organization, organized under the laws of the Spain, Register code 624097, legal address at Calle Orfebres de Riviera 22, 33, 29649 Mijas Málaga Spain, but excludes services that have separate privacy policies that do not incorporate this Policy.

Our Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include our services or other sites linked from our services.

17. AMENDMENTS

Our Policy may change from time to time. We will post any Policy changes on our website and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes).

18. FURTHER INFORMATION

If you have any further questions regarding the data AU collects, or how we use it, then please feel free to contact Data Protection Officer at the details as indicated above hereof.

The English version of legal agreements and policies is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the English version. Any translated versions are not legally binding and cannot replace the English versions. In the event of disagreement or conflict, the English language legal agreements and policies shall prevail.

 

1. OVERVIEW 

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between the relevant AQUAPONICS UNITED – AU entity indicated below (“AU”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.

Unless otherwise indicated in the specific documents accepted together with this Agreement, the relevant AU you are contracting with will be determined under the rules of European Union

This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including the applicable product agreements, which are incorporated herein by reference. 

The terms “we”, “us” or “our” shall refer to AU. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. AU may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, AU may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. AU assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. 

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Spain or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, AU finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. AU shall not be liable for any loss or damage resulting from AU’s reliance on any instruction, notice, document or communication reasonably believed by AU to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AU reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. 

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to AU that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If AU has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AU reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, AU recommends that you change your password at least once every six (6) months for each Account. You must notify AU immediately of any breach of security or unauthorized use of your Account. AU will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss AU or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. 

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. 

4. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, AU may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Trial Services”. If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided AS-IS, so we do not recommend using them in production or mission critical environments; (iv) AU reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases; (vi) AU may limit availability of customer service support time dedicated to support of the Trial Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Trial Services shall be owned exclusively by AU; (viii) You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to AU; (ix) The Trial Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, AU disclaims any and all warranties, statutory, express or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with AU. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable. 

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. 

2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. 

3. You will not use this Site or the Services in a manner (as determined by AU in its sole and absolute discretion) that:

• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in terrorism, violence against people, animals, or property;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; 
• Interferes with the operation of this Site or the Services found at this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or 
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding AU or AU’s Services.

4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by AU.

5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

6. You will not access AU Content (as defined below) or User Content through any technology or means other than through this Site itself, or as AU may designate. 

7. You agree to back-up all of your User Content so that you can access and use it when needed. AU does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. 

8. You will not re-sell or provide the Services for a commercial purpose, including any of AU’s related technologies, without AU 's express prior written consent. 

9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

10. You are aware that AU may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which AU is a party. 

AU reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

6. YOUR USE OF AU CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of AU Content and User Content posted to AU’s corporate websites (i.e., those sites which AU directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. 

AU Content. Except for User Content and User Intellectual Property, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, artwork, graphics, website templates and widgets, literary work, computer code (including html), applications and other media, designs, animations, interfaces, derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, customized URLs and all copyrightable materials (“AU Content”), are owned by or licensed to AU in perpetuity, and are subject to copyright, trademark, and/or patent protection in the Cyprus and foreign countries, and other intellectual property rights under Cyprus and foreign laws. AU Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AU. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. AU reserves all rights not expressly granted in and to the AU Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. However, AU hereby grants to the User a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the AU Content, for the purpose of generating and displaying websites created through relevant Services provided by AU, solely as expressly permitted under this terms and conditions, and solely within the relevant Services.

User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account.

User Intellectual Property. User shall own all intellectual property pertaining to User Content and to any other materials created, developed, or connected to Services by User, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works.

By posting or publishing User Content or User Intellectual Property to this Site or to the Services, you represent and warrant to AU that (i) you have all necessary rights to distribute User Content or User Intellectual Property via this Site or via the Services, either because you are the author of the User Content or User Intellectual Property and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content or User Intellectual Property, and (ii) the User Content or User Intellectual Property does not violate the rights of any third party. User shall be solely responsible for any and all consequences (including any damages) and requirements for using User Content or User Intellectual Property.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any AU Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AU Content or the User Content therein. 

7. AU'S USE OF USER CONTENT

The provisions in this Section apply specifically to AU’s use of User Content posted to AU’s corporate websites (i.e., those sites which AU directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions. You acknowledge and agree that:

1. Your User Submissions are entirely voluntary.

2. Your User Submissions do not establish a confidential relationship or obligate AU to treat your User Submissions as confidential or secret.

3. AU has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. 

4. AU may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. 

AU shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions).

If you have a website or other content hosted by AU, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize AU to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant AU a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and AU’s (and Au’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that AU may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, AU shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or AU’s (or AU’s affiliates’) business(es).

8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

AU generally does not pre-screen User Content (whether posted to a website hosted by AU or posted to this Site). However, AU reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. AU may remove any item of User Content (whether posted to a website hosted by AU or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by AU in its sole and absolute discretion), at any time and without prior notice. AU may also terminate a User’s access to this Site or the Services found at this Site if AU has reason to believe the User is a repeat offender. If AU terminates your access to this Site or the Services found at this Site, AU may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

9. ADDITIONAL RESERVATION OF RIGHTS

AU expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by AU in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by AU in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of AU, its officers, directors, employees and agents, as well as AU ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue AU.

AU expressly reserves the right to terminate, without notice to you, any and all Services where, in AU 's sole discretion, you are harassing or threatening AU and/or any of AU 's employees.

AU expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way described in Customer Service Policy. AU shall not be liable for any loss or damage resulting from such actions. 

10. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

• Email Messages
• Newsgroup postings
• Windows system messages
• Pop-up messages (aka "adware" or "spyware" messages)
• Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
• Online chat room advertisements
• Guestbook or Website Forum postings
• Facsimile Solicitations
• Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email AU This email address is being protected from spambots. You need JavaScript enabled to view it..

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

11. TRADEMARK AND/OR COPYRIGHT CLAIMS

AU supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to AU’s Trademark and/or Copyright Infringement Policy referenced above and available here.

12. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AU. AU assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AU does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release AU from any and all liability arising from your use of any third-party website. Accordingly, AU encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. AU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND AU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL AU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall AU’s total aggregate liability exceed 10.000,00€ EUR.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

15. INDEMNITY

You agree to protect, defend, indemnify and hold harmless AU and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by AU directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

16. DISCONTINUED SERVICES; END OF LIFE POLICY

AU reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although AU makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by AU, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, AU will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by AU in its sole and absolute discretion. AU may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability. AU will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

17. FEES AND PAYMENTS

You agree that your Payment Method may be charged by an entity within the disclosed country that is affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy.

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS 

If you use automatic payments, you will always need to have one payment method that's designated as a primary. You can also add a backup payment method to your account that will be used if your primary payment method does not work for some reason. In case your primary method does not work, we will automatically charge your costs to your backup payment method in order to ensure that your Services keep running.

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. AU expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. You acknowledge and agree that where refunds are issued to your Payment Method, AU 's issuance of a refund receipt is only confirmation that AU has submitted your refund to the Payment Method charged at the time of the original sale, and that AU has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then AU, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. AU also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within AU’s discretion and are not available at customer request. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, AU will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with AU at AU’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and AU shall not be liable to you or any third party regarding the same. In addition, AU may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, AU will automatically update your payment profile on your behalf. AU makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and AU shall not be liable to you or any third party regarding the same. If for any reason AU is unable to charge your Payment Method for the full amount owed for the Services provided, or if AU receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that AU may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. AU also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks AU may perform outside the normal scope of its Services, (ii) additional time and/or costs AU may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by AU in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by AU staff or by outside firms retained by AU; (iii) recouping any and all costs and fees, including the cost of Services, incurred by AU as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with AU. AU may offer product-level pricing in various currencies; however, transaction processing is supported only in EUR and a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in EUR and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and AU makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

Refund Policy: Products and Services available for refunds are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within thirty (30) days of purchase (“Refund Period”). For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested. In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on AU’s website and is not subject to any promotion, discount, or other reduction in price.

In no event will you be eligible for more than one refund of the same product. 

(B) PAY BY PAYPAL

By using AU’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor AU shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and AU may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of 25.00€ or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

(C) INTERNATIONAL PAYMENT OPTIONS

AU offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at AU. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by AU.

It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor AU shall be liable to you or any third party regarding the same. You acknowledge that AU will not attempt to fulfill the Services purchased by you until AU receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If AU does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your AU account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time AU receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, AU may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, AU reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by AU will be net of the IPP Fees unless otherwise specified.

(D) IN-STORE CREDIT BALANCES

In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains an in-store credit balance, you hereby authorize AU to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, AU may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, AU is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using AU’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, AU may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.

You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the AU website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that AU terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

You also acknowledge that funds available in your in-store credit balance will be held by AU and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that AU shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

(E) Cryptocurrencies, tokens and digital assets

Unless stated otherwise, following words refer to blockchain-based software ledger data entries: "digital asset", "asset", "coin", "cryptocurrency", "ledger entry", "altcoin" and "token".

AU does not accept payment on cryptocurrencies, tokens and digital assets.

18. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

19. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

20. COMPLIANCE WITH LOCAL LAWS

AU makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

22. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Attention to: AQUAPONICS UNITED - AU

Calle Orfebres de Riviera 22 ,33

29649 Mijas Málaga Spain

This email address is being protected from spambots. You need JavaScript enabled to view it.