Last modified December 22, 2015
Beyond app and services are operated and provided by Operation Apps, GmbH (the “Provider”). These Terms of Service govern your access and use of the Beyond services provided in the app and in the web (together, the “Service/s”).
Please read these Terms very carefully and feel free to contact us if you have any questions at firstname.lastname@example.org.
a) In order to use Beyond Services you need to be at least 13 years old.
b) You are responsible for keeping your logon credentials (login, password) secret and safe.
c) You may not post infringing, unlawful, discriminatory or otherwise unlawful, pornographic, nude or sexually suggestive photos, comments or other content via the Service.
d) You are fully responsible for any activity that occurs trough your account.
e) You agree to provide Beyond with true, accurate, current and complete information upon registration and you agree to update your information as necessary to maintain its truth and accuracy.
f) You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
g) You agree that you will not solicit, collect or use the login credentials of other Beyond users.
h) You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service.
i) You may request permission to create accounts on behalf of a company or a legal entity. Otherwise the Provider prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
j) You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations.
k) You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, links and other content or materials (collectively, “User Content”) that you submit, post or display on or via the Service.
l) You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Beyond Services.
m) You must not access Beyond private API by means other than those permitted by Beyond.
n) You must not create or submit unwanted comments, likes or other forms of commercial or harassing communications / spam to any Beyond users.
o) You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
p) You may not inject content or code or otherwise alter or interfere with the way any Beyond web page is rendered or displayed in a user’s browser or device.
q) You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
s) The Provider reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can delete your Beyond account by accessing your profile and taping on the option delete account. After the termination of your account your photos, comments, likes, follow connections, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
v) You agree that you are responsible for all data charges connected with usage of the Service.
w) The Provider prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means others than authorized by the Provider.
x) We respect intellectual property rights and provide you with tools to help you protect intellectual property rights and inform us of noticed problems.
y) You agree that any claim you may have arising out of or related to your relationship with the Service or/and Provider must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Purchases on Beyond
The following terms govern purchases you make through Beyond’s checkout system. These are items you have attempted to purchase, and/or have purchased, within Beyond’s mobile application. This is different from purchases you may make on the websites of third-party brands that you are directed to via Beyond. These items where purchase is possible only one the websites of third-party brands are clearly marked by a button “Show in shop”. Separate terms contained within Beyond’s Terms of Service govern those purchases made on third-party websites.
All purchases through Beyond’s checkout system and the Services are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase from. Terms and conditions of the third-party brands are located below each product photo which can be purchased directly within Beyond. Beyond will inform you when an order is placed with a third-party brand, however, each third-party brand shall have 100% discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.
Whether you can cancel an order once payment is made shall be governed 100% by the terms and conditions of each third-party brand.
Shipping and Delivery
Beyond will provide you with a confirmation email that your order is received and is being processed. Once your order has been processed with the third-party brand, Beyond will provide you a confirmation email that your order has been processed and accepted by the third-party brand. Beyond may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each of the third-party brands. Any estimates Beyond may provide you with respect to shipping and/or delivery are simply estimates and based on the best information available to Beyond, however, you should not rely on these estimates in any way whatsoever. Please read the confirmation emails you receive from Beyond for additional information on how to contact the third-party brands for additional information on the status of your order, shipping and delivery. These emails also contain instructions on the best ways to contact Beyond to help with any questions about your order.
Each third-party brand on Beyond has its own return policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional shipping costs associated with any returns. You acknowledge and accept that Beyond has absolutely no involvement, and/or control over, whether you will be permitted to return any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding returns.
Much like “Returns” discussed above, each third-party brand on Beyond has its own refund policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that Beyond has absolutely no involvement, and/or control over, whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding refunds.
Beyond uses a third-party payment processor (the “Payment Processor”) to allow you to pay for products purchased through the Services. As Beyond’s Payment Processor we use Stripe. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Beyond is not responsible for errors by the Payment Processor. By choosing to purchase goods through the Services, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize Beyond, via the applicable Payment Processor, to charge your chosen payment provider. Please be aware that items you are charged may include shipping fees and state and local sales tax. These are clearly visible in the checkout form. For each purchase, you grant Beyond the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where Beyond has already received payment from you. You agree that (i) each order through the Services are purchases between you and the third-party brand, and not with Beyond; and (ii) Beyond is not a party to your payment transaction for such purchases and Beyond is not a buyer or a seller in connection with all such transactions.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PROCESSING OF YOUR PAYMENT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT VALID, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR FORM OF PAYMENT IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR PERSONAL INFORMATION.
Information Beyond Collects And Shares Regarding Purchases
Beyond Discretion And Your Recourse
You agree that Beyond has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and Beyond, and/or you and any third-party brand, related to a purchase(s) made through the Services, can be resolved in its entirety by your receipt of a full refund for all amounts you were charged and paid.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEYOND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BEYOND AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED EUR (EUR 100.00).
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Beyond failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
For any dispute you have with the Provider you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration in accordance with the Arbitration Rules of the German Institution of Arbitration e.V. (DIS) without recourse to the ordinary courts of law. The place of arbitration is Hamburg, Germany.