Last Modified: May 24, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
If you are using the site, application or services and you reside in the USA, you are contracting with Cropster, Inc. If you reside outside of the USA, you are contracting with Cropster GmbH. If you initially reside in the USA and contract with Cropster, Inc., but subsequently change your residence to outside of the USA, you will contract with Cropster GmbH from the date on which your place of residence changes, and vice versa. (Cropster, Inc. and Cropster GmbH, are each hereinafter referred to as “Shipsbeans”, “we”, “us”, or “our”).
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COFFEE SELLERS MAY CREATE LISTINGS FOR COFFEE AND COFFEE BUYERS MAY LEARN ABOUT AND BUY COFFEE DIRECTLY. YOU UNDERSTAND AND AGREE THAT SHIPSBEANS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUYERS AND SELLERS, NOR IS SHIPSBEANS A COFFEE TRADER, SELLER OR BUYER. SHIPSBEANS HAS NO CONTROL OVER THE CONDUCT OF COFFEE SELLERS, BUYERS AND OTHER USERS OF THE SITE AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Shipsbeans content” means all content that Shipsbeans makes available through the site, application, or services, including any content licensed from a third party, but excluding member content.
“Collective content” means member content and Shipsbeans content.
“Content” means text, graphics, images, music, software (excluding the application), audio, video, information or other materials.
“Buyer” means a member who requests from a seller an order via the site, application or services.
“seller” means a member who creates a listing via the site, application and services.
“listings” means a company profile, coffee or coffee related product that is listed by a seller as available to find or buy in the application, and services.
“member” means a person who completes Shipsbeans’s account registration process, including but not limited to sellers and buyers, as described under “Account registration” below.
“member content” means all content that a member posts, uploads, publishes, submits, transmits, or includes in their listing or member profile to be made available through the site, application or services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. As you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Modification Shipsbeans reserves the right, at its sole discretion, to modify the site, application or services or to modify these terms, including the Service Fees, at any time and without prior notice. If we modify these terms, we will either post the modification on the site or via the application or otherwise provide you with notice of the modification. We will also update the “Last updated date” at the top of these terms. By continuing to access or use the site, application or services after we have posted a modification on the site or via the application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the site, application and services.
The site, application and services of seller accounts are restricted to commercial organisations buyers have no such restriction. Any access to or use of the site, application or services by non-commercial organisations is expressly prohibited. By accessing or using the site, application or services you represent and warrant that you are a commercial organisation.
How the site, application and services work
The site, application and services can be used to facilitate the listing and ordering of coffees or coffee related products (also called listings). Listings are included in shops on the site, application and services by sellers. You may view and order listings as an unregistered visitor to the site, application and services.
As stated above, Shipsbeans makes available an online platform with related technology for buyers and sellers to meet online and arrange orders of listings directly with each other. Shipsbeans is not a seller or buyer of those listings. Unless explicitly specified otherwise in the Shipsbeans platform, Shipsbeans’s responsibilities are limited to: (i) facilitating the availability of the site, application and services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SELLERS AND BUYERS CONNECTING AND ORDERING COFFEES DIRECTLY WITH EACH OTHER. SHIPSBEANS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY COFFEES. SHIPSBEANS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, SHOPS. ACCORDINGLY, ANY ORDERS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
Your Shipsbeans account and your Shipsbeans account profile page will be created for your use of the site and application based upon the personal information you provide to us. You may not have more than one (1) active Shipsbeans account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Shipsbeans reserves the right to suspend or terminate your Shipsbeans account and your access to the site, application and services if you create more than one (1) Shipsbeans account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Shipsbeans account, whether or not you have authorized such activities or actions. You will immediately notify Shipsbeans of any unauthorized use of your Shipsbeans account.
As a member, you may create listings. To create a listing you must be verified by Shipsbeans. Listings can be made publicly available on your shop, or can be saved as draft via the site, application and services. Other members will be able to order your listings via the site, application and services based upon the information provided in your listing. You understand and agree that once a buyer confirms an order for your coffee, you may not request the buyer pay a higher price than in the order confirmation.
You acknowledge and agree that you alone are responsible for any and all listings and member content you post. Please note that Shipsbeans assumes no responsibility for a seller’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Shipsbeans reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Shipsbeans, in its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the site, application or services.
If you are a seller, you understand and agree that Shipsbeans does not act as your contracting agent. If a buyer requests an order of your coffee, any agreement you enter into with such buyer is between you and the buyer and Shipsbeans is not a party to it. When you create a listing, you may also choose to include a minimum order amount which must be met by the members who are eligible to request an order of your coffee. Any member wishing to order coffee with such requirements must meet these requirements.
Shipsbeans offer sellers the option of having images of their listings and company profiles . You agree that you alone are responsible for ensuring that your listing is accurately represented with origin images you own. You alone are responsible for using the images and you warrant that you will cease to use the images or any other images if such images cease to accurately represent your listing. You agree that Shipsbeans may use the images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation.
Each seller may charge shipping, handling, and other fees. These fees are subject to change depending upon the seller and the particular coffee for sale, and are set by the seller.
Shipsbeans is only a venue
- Services. We are solely a passive conduit to facilitate communication between the buyer and the seller. We do not intend to create an agency relationship, nor is one created. We reserve the right, in our sole discretion, to change or discontinue some or all of our services at any time.
- Control. We have no control over the existence, quality, authenticity, safety or legality of the coffees advertised, the truth or accuracy of the sellers listings, the ability of the sellers to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.
- Payment Gateway and Payment Services. Cropster does not guarantee or provide a payment gateway with this service. However the application allows to integrate several payment gateways available in various countries. The seller is responsible to choose and register for a payment gateway to accept payments on the shop.
- Release. In the event that you have a dispute with a seller, you release Shipsbeans (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- No warranty. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE USER AGREEMENT, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ORDERS WILL BE RECEIVED BY THE SELLER OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY AN SELLER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
Any references in the site, application or services to a member being “listed” (or similar language) only indicate that the member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Shipsbeans about any member, including of the member’s identity and whether the member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the site, application and services. We therefore recommend that you always exercise due diligence and care when deciding whether to buy from a seller or to accept an order request from a Buyer, or to have any other interaction with any other member.
By using the site, application or services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Shipsbeans with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other members on the site and services regarding any orders or listings made by you. This limitation shall not apply to any claim by a seller against Shipsbeans regarding the remittance of payments received from a Buyer by Shipsbeans on behalf of a seller, which instead shall be subject to the limitations described in the section below entitled “Limitation of liability”.
“Price” means the amounts that are due and payable by a Buyer in exchange for a coffee. The seller alone, and not Shipsbeans, is responsible for the Prices for his or her listing.
“Seller fees” means the fee that Shipsbeans charges a seller for the use of the services, which depends on different factors. Please contact email@example.com to get more information about the seller fees. Seller fees are not being charged during the Covid-19 pandemic.
Orders for sellers and buyers
If you are a seller and an order is requested for your coffee via the site, application or services, you will be required to either confirm or reject the order request. When an order is requested via the site, application or services, we will share with you (i) the first and last name of the buyer who has requested the order and his company and (ii) a link to the buyer’s Shipsbeans account profile page. When you confirm an order requested by a buyer, Shipsbeans will send you an email, text message or message via the application confirming such order.
Orders for buyers
The sellers, not Shipsbeans, are solely responsible for honoring any confirmed orders and making available any coffees reserved through the site, application and services. If you, as a buyer, choose to enter into a transaction with a seller for the order of a coffee, you agree and understand that you will be required to enter into an agreement with the seller and you agree to accept any terms, conditions, rules and restrictions associated with such coffee imposed by the seller. You acknowledge and agree that you, and not Shipsbeans, will be responsible for performing the obligations of any such agreements, that Shipsbeans is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Shipsbeans disclaims all liability arising from or related to any such agreements.
The total estimated price will be displayed to a buyer before the buyer sends an order request to a seller.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the site, application, services and collective content. In connection with your use of the site, application, services and collective content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, customs and tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, application, services or Collective content;
- copy, store or otherwise access or use any information contained on the site, application, services or collective content for purposes not expressly permitted by these terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage the site, application or services, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the site, application or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our site, application, services or Collective content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to coffee;
- “stalk” or harass any other user of our site, application, services or Collective content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Shipsbeans Buyer or seller;
- offer, as a seller, any listing that you do not yourself own
- register for more than one Shipsbeans account or register for an Shipsbeans account on behalf of an individual other than yourself;
- contact a seller for any purpose other than asking a question related to an order, coffee or shop;
- contact a buyer for any purpose other than asking a question related to an order
- recruit or otherwise solicit any seller or other member to join third-party services or websites that are competitive to Shipsbeans, without Shipsbeans’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the site, application, services or collective content;
- use the site, application, services or collective content to find a seller or Buyer and then complete an order of an coffee – independent of the site, application or services, in order to circumvent the obligation to pay any Service Fees related to Shipsbeans’s provision of the services or for any other reasons;
- as a seller, submit any listing with false or misleading price information, or submit any listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our site, application or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the site, application, services or collective content, or any individual element within the site, application, services or collective content, Shipsbeans’s name, any Shipsbeans trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the site, application or services, without Shipsbeans’s express written consent;
- access, tamper with, or use non-public areas of the site, application or services, Shipsbeans’s computer systems, or the technical delivery systems of Shipsbeans’s providers;
- attempt to probe, scan, or test the vulnerability of any Shipsbeans system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Shipsbeans or any of Shipsbeans’s providers or any other third party (including another user) to protect the site, application, services or collective content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site, application, services or collective content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the site, application, services or collective content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Shipsbeans has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Shipsbeans may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Shipsbeans or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Shipsbeans, its users, or members of the public. You acknowledge that Shipsbeans has no obligation to monitor your access to or use of the site, application, services or collective content or to review or edit any member content, but has the right to do so for the purpose of operating and improving the site, application and services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these terms. Shipsbeans reserves the right, at any time and without prior notice, to remove or disable access to any collective content that Shipsbeans, at its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the site, application or services.
Shipsbeans content and member content license subject to your compliance with the terms and Conditions of these terms, Shipsbeans grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Shipsbeans content. You have no right to sub-license the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the site, application, services, or collective content, except as expressly permitted in these terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shipsbeans or its licensors, except for the licenses and rights expressly granted in these terms.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit member content. By making available any member content on or through the site, application and services, you hereby grant Shipsbeans a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such member content on, through, by means of or to promote or market the site, application and services. Shipsbeans does not claim any ownership rights in any such member content and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit any such member content.
You acknowledge and agree that you are solely responsible for all member content that you make available through the site, application and services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all member content that you make available through the site, application and services or you have all rights, licenses, consents and releases that are necessary to grant to Shipsbeans the rights in such member content, as contemplated under these terms; and (ii) neither the member content nor your posting, uploading, publication, submission or transmittal of the member content or Shipsbeans’s use of the member content (or any portion thereof) on, through or by means of the site, application and the services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The site, application and services may contain links to third-party websites or resources. You acknowledge and agree that Shipsbeans is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Shipsbeans of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Proprietary rights notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Shipsbeans used herein are trademarks or registered trademarks of Cropster. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Suspension, termination and Shipsbeans account cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Shipsbeans account. If we exercise our discretion under these terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Shipsbeans account will be deactivated or suspended, your password will be disabled, and you will not be able to access the site, application, services, your Shipsbeans account, your member content, or receive assistance from Shipsbeans Customer Service, (b) any pending or accepted future orders as either seller or Buyer will be immediately terminated, (c) we may communicate to your buyers or sellers that a potential or confirmed order has been cancelled, (e) we may contact your buyers to inform them about potential alternate coffees with other sellers that may be available on the site, application and services, and (f) you will not be entitled to any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Shipsbeans account. You may cancel your Shipsbeans account at any time via the contacting firstname.lastname@example.org.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHIPSBEANS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHIPSBEANS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SHIPSBEANS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SELLERS, BUYERS, THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHIPSBEANS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS OR BUYERS. YOU UNDERSTAND THAT SHIPSBEANS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. SHIPSBEANS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SHIPSBEANS. LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR ORDER OF ANY COFFEES VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SHIPSBEANS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Shipsbeans NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR ORDER OF ANY COFFEE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Shipsbeans HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Entire agreement: These terms constitute the entire and exclusive understanding and agreement between Shipsbeans and you regarding the site, application, services, collective content, and any orders or listings of coffees made via the site, application and services, and these terms supersede and replace any and all prior oral or written understandings or agreements between Shipsbeans and you regarding orders or listings of coffees, the site, application, services, and collective content.
You may not assign or transfer these terms, by operation of law or otherwise, without Shipsbeans’s prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be null and of no effect. Shipsbeans may assign or transfer these terms, at its sole discretion, without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms, will be in writing and given by Shipsbeans (i) via email (in each case to the address that you provide) or (ii) by posting to the site or via the application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
These terms shall be governed and construed in accordance with the laws of Austria without regard to its conflict of law provisions. Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.
The failure of Shipsbeans to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Shipsbeans. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
Third party beneficiary
These terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these terms.
If you have any questions about these terms please contact Cropster.