Terms and Conditions of bordr.io

These Terms govern

  • the use of bordr.io, and,
  • All quotations, offers, work, Agreements and deliveries of services or goods by or on behalf of the Service Provider.

Initial statement

  • The User must read this document carefully.
  • Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
  • Capitalized words are defined in the relevant dedicated section of this document.
  • Deviation from these conditions is only possible if the Parties have explicitly agreed in writing.
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Responsible party

Bordr.io is provided by Bordr LLC, registered at 524 Altamira Dr., Knoxville, TN 37934.
Owner contact email: info@bordr.io

"Bordr.io" refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • the Service;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

Definitions

Bordr.io (or this Application): The property that enables the provision of the Service.
Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User: Any User that does not qualify as a Consumer.
European (or Europe): Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We): Indicates the natural person(s) or legal entity that provides bordr.io and/or the Service to Users.
Product: A good or service available for purchase through bordr.io, such as e.g. physical goods, digital fles, software, booking services etc. The sale of Products may be part of the Service.
Service: The service provided by bordr.io as described in these Terms and on bordr.io.
Terms: All provisions applicable to the use of bordr.io and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You): Indicates any natural person or legal entity using bordr.io.
Consumer: Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession

How bordr.io works

Bordr.io merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.

TERMS OF USE

  • Unless otherwise specified, the terms of use detailed in this section apply generally when using bordr.io.
  • Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

1.  Content on bordr.io

  • Unless otherwise specified or clearly recognizable, all content available on bordr.io is owned or provided by the Owner or its licensors;
  • The Owner undertakes its utmost effort to ensure that the content provided on bordr.io infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result;
  • In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

2.  Rights regarding content on bordr.io - All rights reserved

  • The Owner holds and reserves all intellectual property rights for any such content.
  • Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
  • In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on bordr.io, nor allow any third party to do so through the User or their device, even without the User's knowledge.
  • Where explicitly stated on bordr.io, the User may download, copy and/or share some content available through bordr.io for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
  • Any applicable statutory limitation or exception to copyright shall stay unaffected.

3.  Access to external resources

  • Through bordr.io Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
  • Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

4.  Acceptable use

  • Bordr.io and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
  • Users are solely responsible for making sure that their use of bordr.io and/or the Service violates no applicable law, regulations or third-party rights.
  • Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to bordr.io or the Service, terminating contracts, reporting any misconduct performed through bordr.io or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

5.     Provision of information by the Client

  • The Client will provide to the Service Provider all information that is relevant for the execution of the assignment and accepts that if the Client does not, the Service Provider may not be able to adequately carry out the service.
  • The Client is obliged to provide all data and documents that the Service Provider believes are necessary for the correct execution of the assignment, in a timely manner, in the desired form and in the desired manner.
  • The Client guarantees the correctness, completeness and reliability of the data and documents made available to the Service Provider, even if they originate from third parties, unless the nature of the assignment dictates otherwise.
  • The Client indemnifies the Service Provider against any damage in any form whatsoever arising from non-compliance with the provisions of the first paragraph of this article.
  • If and insofar as the Client requests this, the Service Provider returns the relevant documents.
  • If the Client does not make the data and documents required by the Service Provider available, or not in time or properly, and the execution of the order is delayed as a result, the resulting additional costs and additional fees will be borne by the Client.

6.  Confidentiality

  • Each of the parties shall keep the information it receives (in whatever form) from the other party and any other information concerning the other party that it knows or can reasonably suspect is secret or confidential, or information that it may expect that the distribution thereof may cause harm to the other party, and shall take all necessary measures to ensure that its personnel also keep the said information secret.
  • The obligation of confidentiality described in this article applies for the duration of this Agreement and for a period of five years after the termination thereof.
  • If the Client or any of his employees, service providers or natural persons or legal entities otherwise connected to him violate this confidentiality clause, a penalty of €5,000 shall be payable for each day that the violation continues. Claiming the fine does not affect service provider's right to claim damages for this breach.
  • The confidentiality obligation mentioned in the first paragraph of this article does not apply to information:
  • that at the time the recipient received this information was already public or subsequently became public without a violation by the receiving party of a duty of confidentiality imposed on him;
  • of which the receiving party can prove that this information was already in his possession at the time the other party provided it;
  • that the receiving party has received from a third party whereby that third party was entitled to provide this information to the receiving party
  • that is made public by the receiving party on the basis of a legal obligation.

7.     Data Processing

  • The Service Provider might have access to personal data for which the Client is responsible in the exercise of the service. The Service Provider shall take all necessary organizational and technical security measures to secure this personal data, in accordance with the relevant data protection legislation.
  • Personal data for which the Client is responsible will be processed by the Service Provider in accordance with the Privacy Policy, available on the Service Provider’s website.


8.  Execution of the Agreement

  • The Service Provider implements the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  • The Service Provider has the right to have work performed by third parties. The Service Provider will inform the Client if third parties are hired to perform (part of) the work. If third parties have access to personal data for which the Client is responsible, prior permission will be required in accordance with the Data Processing Agreement between the Client and the Service Provider.
  • Implementation of the Services as agreed upon between Parties takes place in mutual consultation and after written Agreement and payment of any agreed advance.

9.  Paid Products

Some of the Products provided on bordr.io, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of bordr.io.

10. Product description

  • Prices, descriptions or availability of Products are outlined in the respective sections of bordr.io and are subject to change without notice.
  • While Products on bordr.io are presented with the greatest accuracy technically possible, representation on bordr.io through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
  • The characteristics of the chosen Product will be outlined during the purchasing process.

11. Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

  • Users must choose the desired Product and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

12.  Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

13. Prices

  • Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
  • Prices on bordr.io are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

14. Methods of payment

  • Information related to accepted payment methods are made available during the purchasing process.
  • Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of bordr.io.
  • All payments are independently processed through third-party services. Therefore, bordr.io does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
  • If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.


15.  Liability and indemnification

a.       EU Users Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability for User activities on bordr.io

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in bordr.io. The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as bordr.io has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

b.       Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

c.        US Users

Disclaimer of Warranties

Bordr.io is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply

to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.


This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

16.  Common provisions

a.       No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

b.       Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

a.       Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of bordr.io and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

17.  Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of bordr.io.

18.  Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to bordr.io are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with bordr.io are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

19. Changes to these Terms

  • The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.
  • The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
  • The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
  • If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

20.   Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

21.   Contacts

All communications relating to the use of bordr.io must be sent using the contact information stated in this document.

22.   Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

23.   Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

24.   Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either bordr.io or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • the User’s grant of licenses under these Terms shall survive indefinitely;
  • the User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

25.   Dispute resolution

Amicable dispute resolution: Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of bordr.io or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 7 days of receiving it.