General Terms and Conditions

Welcome to the Origondo website. Please read the following General Terms and Conditions carefully; they govern the use of services through as well as the use of the Origondo website.

These General Terms and Conditions come into effect on 30 November 2011.

Acceptance of Terms

Origondo AG (company based in Streulistrasse 79b, 8032 Zurich, Switzerland, registered in the trade register of the canton Zurich under the number CH 020.3.036.642-7; UID CHE-136.537.396 [from now on "Origondo"]) provides its website, services and products to you in accordance with the following General Terms and Conditions (from now on "T&C").

By using the Origondo website you agree that you have read, understood and that you accept and agree to be bound by these Terms and Conditions. You agree whether you are viewing the website personally or accessing the website in any other way, and independently of whether you become a registered user of the Origondo website or not. With any registration you confirm your full legal capacity. If you enrol an organisation with such registration, Origondo may assume that you are entitled to act and to accept these T&C on behalf of this organisation. If you do not agree with these T&C, then do not use or access (or continue to use or access) the Origondo website. Deviations from these T&C are valid only on an individual case basis with explicit and written approval by Origondo.

Origondo’s data production, data processing and data publication practices are governed by the Privacy Policy. Corresponding conditions are incorporated into these T&C. By accepting these T&C you confirm that you have understood, consent and agree to the Privacy Policy.

Definitions

"User" = a registered visitor of the website. The user possesses either a "private user account" (for private use) or a "business user account" (for business use).

"Organisation" = legal entity. This can comprise an enterprise, an association, a cooperative, a foundation, a non-governmental organisation or a non-profit organisation.

"Project" = service which is rendered by a party under a service agreement with another party.

"Buyer" = organisation or private user who posts a project and who awards an order for the respective service.

"Provider" = organisation or private user who applies for a project and renders the respective service if awarded.

"Hourly Project" = project in which the hours spent are added and invoiced once per week during the course of the project at an hourly rate which was fixed in advance.

"Fixed Price Project" = project for which an in advance agreed amount for the respective service is determined. With medium sized projects the payment can be divided into partial payments, which become due as milestones are reached.

Proprietary Rights

Copyright – With the exception of the profiles, portfolios and projects entered by users, all content of this website (including text, designs, images, graphics, logos, pictures, artwork, illustrations, photographs, digital downloads, data compilations, software and video and/or audio material) is copyrighted material, registered trademarks and other intellectual property, exclusively owned by Origondo or its content suppliers and protected by international copyright laws or other intellectual property laws and treaties.

Trademarks – The word mark Origondo is a registered trademark of Origondo. Other registered trademarks appearing on the website are property of the respective owners, who may or may not be affiliated with, connected to or sponsored by Origondo. The Origondo website (including but not limited to graphics, logos, page headers, symbols, scripts and service names) constitutes the trade dress of Origondo. The trademarks and trade dress belonging to Origondo may not be used or reproduced without prior written and explicit approval from Origondo and, in particular, may not be used in connection with a product or a service which is not affiliated with Origondo. It is prohibited to use the trademarks or the trade dress in any manner that is likely to cause confusion among customers, in any manner dilutes the rights of Origondo or discredits Origondo. This includes the use of the trademark Origondo in metatags or any other "hidden text" for the purpose of gaining a higher ranking from search engines.

License and Site Access – Origondo grants you a personal, non-transferable and non-exclusive license to access and use this website subject to the following exclusions for private and business purposes. This license does not include: downloads (excluding browser caching), redistribution by means such as framing techniques, commercial use or resale of the website functions or their content in its present or amended form. You agree not to decompile, reverse engineer or disassemble any software, procedures or other products accessible through the Origondo website. You consent not to insert any code or other products into the website or to manipulate the content of the website in any way that affects the users' experience, and not to use any data mining, data gathering or data extracting methods. Any unauthorized use automatically terminates the license granted by Origondo.

Hyperlinks – You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Origondo website as long as the link does not portray Origondo, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive matter. Without express written permission you may not use any proprietary graphics or trademarks of Origondo and its affiliates as part of the link.

Claims of Copyright Infringements – Origondo respects the intellectual property rights of others and does not propagate, support or condone infringing activities. If you believe that your work has been copied in a way that constitutes copyright infringement, are aware of any copyright infringing material on the Origondo website, or know of someone who is making unauthorized use of content of the Origondo website, please inform Origondo immediately via the contact details specified at the end of these T&C.

Registration and Your User Account

Registration – In order to participate on the Origondo outsourcing platform and/or receive newsletters, you must be a registered user. No more than one user account may be opened per person. An organisation can incorporate however several user accounts with at least one user account being assigned administrator rights for the respective organisation. During the registration process you must provide Origondo with your full name, your date of birth, your country of residence, a valid email address, a screen name and a password of your choice. Any further data can be provided optionally by you. Origondo will need additional personal data from you in order to tender or accept a project. You confirm that you will provide truthful, accurate and current information about yourself as prompted by the registration form and if applicable, your organisation, and undertake to keep these truthful and up to date. Origondo is entitled but not obliged to review your profile data. The screen name is used in order to publicly identify you in connection with your posted content. You have the option of using your real name as your screen name, but by doing so you are choosing to disclose your identity in connection with your projects, comments and reviews on the Origondo website. Once selected, your screen name can no longer be changed.

Account Access – Your user account is personal and not transferable, even within an organisation. Access and use are exclusive to you. You are responsible for maintaining the confidentiality of your password and your user identification, as well as for restricting access to your computer and your mobile device. If visiting the Origondo website from a public or shared computer or from an unprotected mobile device, you must log out at the end of each visit and - if possible - delete the browsing history and cache. You agree to accept full responsibility for all activities that occur under your account or password. You agree to immediately notify Origondo of any unauthorized access to your account or password or any other breach of security.

Minimum Age – If you are younger than 18, you can use the Origondo website only under supervision of a parent or legal guardian. Visitors under 18 years are strictly prohibited from creating a user account on the Origondo website.

Profiles, Portfolios, Project Data and Feedback

Content – Origondo enables you to send, post, upload or otherwise submit (from now on "submit") content such as profiles, portfolios, project data, feedback, reviews, reports, questions, suggestions, ideas, concepts, techniques and other content in the form of text, photo, graphics, music, audio, video, multimedia presentations, general data and/or information or other materials (from now on "content") by email, via the website, via questionnaires and other communication channels to Origondo.

Use – By submitting content you permit Origondo to store and publish these in accordance with the respective data security level (see data security guideline section "Confidentiality and Data Security") on the Origondo website. By submitting content with the data security level "public" you grant a worldwide, perpetual, non-exclusive, royalty-free, irrevocable and fully sublicensable right, to Origondo and its affiliates to use, reproduce, distribute, show and publish these content in any medium, software or existing or future technologies of any kind, if necessary in adapted form and/or language. Origondo is under no obligation to respond, acknowledge or compensate financially or otherwise for any content provided by users.

Security – Data security is very important to Origondo. Origondo has taken all economically reasonable technical and organisational measures to secure the content collected via the Origondo website. Nevertheless Origondo cannot rule out disruptions to operations and also can not guarantee that any malicious third party will not succeed in bypassing the measures taken by Origondo. You understand and consent that you alone carry the risk of loss and disclosure for content sent to Origondo.

Code of Conduct – You agree to use the Origondo website in a diligent, appropriate and lawful manner and to abstain from intentional or unintentional violations of any applicable local, national or international law or any third party rights. In particular you agree not to submit any content containing one of the following components: fictitious tenders or offers; advertisement for services which are not offered via Origondo; references to other websites or services in competition with Origondo; harsh, offensive, vulgar or discriminating language; personal attacks or harassment; material which is harmful to young people; political campaigning; any form of solicitation; any form of "junk mail" or "spam"; information you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), software viruses or other malicious computer codes, files or programs. You also agree that the content is not illegal, obscene, harmful, threatening, abusive, harassing, tortuous, libellous, hate-filled, defamatory, vulgar, false, incorrect, inaccurate, disruptive to the normal flow of a conversation, invasive of privacy or personal rights, infringing intellectual property rights (patents, trademarks, trade secrets, copyrights or other intellectual proprietary rights of third parties), or racist, ethnically or otherwise objectionable or hurtful. You further agree to refrain from the following: conducting yourself in a vulgar or offensive manner while using the service of Origondo; collecting, storing or distributing personal data about other users or projects unless necessary for the fulfilment of the service agreement; impersonating any other person or entity; falsely stating or misrepresenting your affiliation with a person or entity; ignoring economic sanctions; disguising or misleadingly representing information concerning the origin of content; interfering with or disrupting servers or networks connected to the Origondo website; or disobeying any requirements, procedures, policies and regulations of networks connected to the Origondo website.

Responsibility – Origondo takes no responsibility and assumes no liability for damage or losses of any kind incurred as a result of content received from you or any third party. Submitted content, regardless of the data security level, is subject to the sole responsibility of the person and, if applicable, the organisation, from which the content was received. Origondo does not control submitted content displayed on the website, and therefore does not guarantee the accuracy, integrity, completeness or quality of such content. It is your responsibility to evaluate the information, opinions, advice or other content. Further you agree to indemnify Origondo and its affiliates from all claims resulting from content submitted by you.

Right to Delete – You understand and agree that Origondo may, but is not obliged to, review any activities and content and that Origondo may reject, delete or remove these without advance notice at its sole and absolute discretion, for any reason or no reason.

Deposit Account and Escrow Account

Deposit Account – Origondo keeps interest free deposit accounts in order to enable optimal handling of payments for all involved parties. For each registered private user and for each registered organisation only one deposit account is kept. The currency of the deposit account can be freely selected by the owner of the respective account during the registration process from the list of currencies provided on the Origondo website. The maximum deposit is limited to CHF 3'000.-. or because of possible currency fluctuations an amount approximately 10% lower in the currency selected for the account, as converted using Origondo's foreign exchange rate. Any possible excess is paid automatically by means of the preferential payout method.

Escrow Accounts – In connection with the handling of a project Origondo may keep an interest free escrow account on behalf of the parties concerned with the respective service agreement. The withdrawal of a partial amount or the entire amount (which is deposited into the escrow account) and the crediting of the deposit account of one service agreement party are only possible when released by the other party. The acceptance of an invoice by the buyer is also considered as a release of this kind, even if this occurs implicitly by not contesting the invoice within the time limit.

Safekeeping – All user deposits are collectively kept with a Swiss Bank in bank accounts separate from Origondo's trading accounts. One collective account is kept per currency offered.

Deposits – Deposits can be made by different payment methods. Depending on the selected payment method several days may elapse before the amount becomes available in the bank account. Origondo undertakes not to add any additional delays. In the event of erroneous or incorrect credit notes by Origondo, Origondo has the right to cancel credit notes at any time without consultation with the customer. Further information on currently available payment methods can be found here.

Payouts – Assets can be withdrawn from the deposit account via different payment methods. Depending on the selected payment method several days may elapse before the amount becomes available at its destination. Origondo undertakes for its part to initiate the payouts on the same day, subject to the condition that acceptance times where applicable were kept. Further information on currently available payment methods can be found here.

Suspension – Origondo is authorized to suspend deposit accounts with suspicious transactions at short notice regardless of the above regulations until the situation is clarified, in order to review the legitimacy of the activities.

Money Exchange – Money exchange is carried out exclusively in an accessory manner in connection with the payment of a service agreement: In other words, if the provider’s deposit account is being kept in a different currency to that of the buyer’s deposit account, then the payment is converted on transfer to the provider’s deposit account. The conversion takes place in accordance with Origondo's current foreign exchange rate. The user can personally change the nominal currency of the deposit account. This is however only permissible if the balance of the deposit account stands at zero, and no repayments to the deposit account from active escrow accounts are possible.

Limitation of Turnover – Users not yet identified in accordance with the Swiss money laundry law are limited to a maximum expenditure of CHF 5'000.- per calendar year or the equivalent amount in another currency. This expenditure limit includes all amounts transferred to other users. Possible repayments must be returned with absolute certainty to their origin in order not to fall under this expenditure limit.

Termination of the User Account

Origondo will close your user account upon your request. This is only possible if the deposit account is fully paid out, all project activities are completed and all invoices are settled or, if applicable, further users within the same organisation are registered and continue the business activities. The contents of your user account, subject to a legal safekeeping period, are not deleted immediately, but only after the expiry of the required period. Further content such as for example project data, feedbacks and reviews are not part of your user account and remain in existence even after its termination. Please log in to see the link.

Origondo reserves the right (however not the obligation) to close your account, delete related information and/or content and to terminate or restrict your use of the website temporarily or permanently, with immediate effect and without advance notice, at its sole and absolute discretion, if you violate the letter or spirit of these T&C. Should you be bound by ongoing service agreements at such time, Origondo may inform the parties concerned about the change to the status of your user account and provide summary information about the reason. Any deposits are only returned after full clarification of all open claims.

If a user account remains inactive for a period of ten years, Origondo will close the respective account and is authorized to donate any dormant deposits to a charitable organisation in your country of residence.

Price Quotes, Taxes, Tariffs and Duties

Price Quotes – In order to facilitate comparison of offers on tenders, if not mentioned otherwise these are listed excluding any value added tax. The prices agreed at the time of the conclusion of the service agreement are binding. The contractual currency is set by the buyer. Finder’s fees and other fees invoiced by Origondo are indicated excluding value added tax.

Taxes, Tariffs and Duties – Depending on the location of the contracting parties it is possible that taxes, import/export duties or other duties are due. Correct billing is incumbent on the provider. The full and correct declaration of all services received and payment of taxes, tariffs and duties due in the country of destination are incumbent upon the buyer, irrespective of whether they are mentioned on the invoice or not. The complete and correct declaration of all services provided and the payment of taxes, tariffs and duties due in the country of origin are incumbent upon the provider, irrespective of whether they are mentioned on the invoice or not. Origondo reserves itself the right (but not the obligation) to carry out audits. You consent to provide Origondo on request and within an appropriate period with evidence in respect of your complete and correct declaration and payments.

Intermediation Process

Legal capacity – By placing a tender for a project or placing a bid, you represent and warrant that you are 18 years of age or older and over the legal age of consent in your respective jurisdiction, and that you are legally competent to form a binding contract in your name, or as applicable in the name of your organisation.

Project Tendering – When a user posts a tender on the platform, then this represents a non binding offer to buy a corresponding service from a provider as a buyer. The tender must be written in a language offered by Origondo. Before you post a project, please check your selection and data and correct any possible input errors. As a buyer you bear sole responsibility for the project not being in breach of either these T&C or of any laws in the country of origin, country of destination and Switzerland.

Submission of a Bid – When a user places a bid for a project tender, then this represents a binding offer to provide the corresponding service under the conditions specified in the tender and bid. The bidder is bound to his bid 10 days beyond the expiry of the tender period. Since the finder’s fee is charged to the provider, it is implicitly included in the provider’s bid. Before you post a bid, please check your selection and conditions and correct any possible input errors.

Conclusion of a Contract – The buyer and the potential provider have the opportunity to discuss the content of the service agreement, state it more precisely and adapt it, and also to negotiate the price of the service in a private forum before concluding the contract. The buyer can at any time accept an active bid from a provider, resulting in a valid contract coming into force. An email with the most important parts of the contract is sent to both parties.

Independence of the Parties – You confirm that both contracting parties are and will remain independent. Neither these T&C nor the service agreement constitutes a partnership, a joint venture or any other employer-employee relationship. Furthermore you confirm that Origondo acts only as an independent intermediary, that no legal obligations for Origondo can arise as a result of the project activities, and that these are fully incumbent upon the contracting parties.

Project Handling

Quality – You undertake to provide the highest quality in your communication and your work. You understand the fact that the reputation of Origondo also depends on you and that Origondo will therefore undertake all necessary steps to protect itself from apparent risks to it.

Timeliness – You undertake to review project activities regularly, and to react promptly to inquiries and messages. Possible absences, as far as foreseeable, are to be announced at least one week in advance.

Billing and Payment Handling

Billing – With service agreements invoices are generated either once a week during the night leading to Monday (with hourly projects) or when a milestone is reached and at the end of the project (with fixed price projects), and this is notified on the Origondo website. The buyer has one week to contest the invoice (see chapter Conflict Resolution). Otherwise the invoice is considered to be accepted after the deadline has lapsed, and becomes due for immediate payment. Finder’s fees and other fees are paid directly following the completion of the corresponding transaction. The invoices for finder’s fees and other fees are however only generated at the beginning of the subsequent month for the entire past month.

Payment Handling with Escrow Account – In the event that for a fixed price project you agreed to an escrow account, the buyer must deposit the total amount negotiated before the start of the project into the respective escrow account. By accepting the invoices, the buyer releases the corresponding amount. The amount is then credited to the provider’s deposit account.

Payment Handling without Escrow Account – Projects can only be posted without an escrow account either once the buyer has activated a deposit method with an automatic direct debit or when sufficient funds for the first expected invoice have been deposited into the deposit account. The invoice must be paid immediately by the due date. This can alternatively take place with an automatic debit or by means of a transfer from the deposit account.

Payment Default – A payment default may occur among other things if the buyer has requested a chargeback or if the buyer's credit card is no longer valid. In this case Origondo may suspend all projects in which this buyer is involved. Additionally the deposit accounts of the two contracting parties may be frozen until the incident has been clarified. All necessary steps may be initiated in order to collect the payment from the buyer, however Origondo cannot be held responsible by the provider for the collection of the debt or any payment default. Furthermore should Origondo conclude at its own discretion based on the project activities that the project has been bogus with fraudulent intentions, all necessary steps may be initiated in order to collect possible shortfalls from the provider too.

Completion of Service Agreement

It is possible for either contracting party to announce a project as being completed. If the final invoice has not been initiated, then this will happen automatically on the completion of the project. Afterwards the other party has one week to contest the project completion, in order to generate a possible invoice or call for rework (see chapter Conflict Resolution). Otherwise the project will be closed automatically after the deadline has lapsed and the contracting parties can not make further claims against each other.

Evaluation System

User Feedback – Upon the completion of a project, but also when a milestone is reached (with fixed price projects) or periodically (with hourly projects) both parties have the opportunity of evaluating each other publicly. This project-related feedback is assigned to the person responsible for the project for the evaluated party. This feedback comprises points awarded for certain quality criteria and a written comment. Users must provide objective and truthful feedback. Once a user has received more than one scored evaluation, Origondo may compile an aggregate score from these, whereby the points awarded are weighted according to an algorithm chosen by Origondo. In the event of several users of an organisation receiving feedback, Origondo may compile respective aggregate scores for this organisation.

Computer-assisted Evaluations – If Origondo publishes results of computer-aided tests evaluating expertise, Origondo does not warrant that the test was truly and honestly taken by the respective user. Additionally Origondo may also compile and publish evaluations relating to quality characteristics and risk factors based on project activities.

Self-Classifications – Classifications undertaken by the user himself concerning not only his expertise but also his geographical location and his identity have not been verified by Origondo, unless noted otherwise, and should always be interpreted with caution.

Conflict Resolution

Origondo does not offer any warranty for the process, the fulfilment and the quality of projects. The service agreement and its fulfilment including payment, as well as any possible conflict resolution, are incumbent solely on the buyer and provider. In addition Origondo will not take sides and offers no legal services such as consultation, agency or arbitration.

You consent to any conflicts referring only to future payments. Payments already issued to the provider are considered as accepted and cannot be recovered. In addition hourly projects can only be challenged regarding the number of hours charged, but not the service provided.

In the event of a conflict you consent to search swiftly, reasonably and efficiently for a solution out of court at first. For this purpose Origondo can suggest one or more arbitration mechanisms to you. Both parties must however voluntarily submit to the same arbitration mechanism in order for it to be applied. The parties may also agree on a different approach to finding a solution. Ultimately it is at your own discretion to start legal proceedings if you are of the opinion that the other party is not cooperating sufficiently. If a user or, if applicable, an organisation is involved in three or more unresolved conflicts; he or it may not post any new projects or place any new bids.

Finder’s Fees and other Fees

Non-binding offer – All information on the Origondo website concerning Origondo's fees and services represent a non-binding offer, to which Origondo is not bound. Paid finder’s fees and other fees are not refunded.

Finder’s Fee – As soon as a contact is established or identification is made via the Origondo platform, Origondo is entitled to a finder’s fee during the exclusivity period on the entire volume of business between the buyer and the provider, regardless of whether a service agreement comes into existence on the platform or not. The finder’s fee to which Origondo is entitled is owed when the provider issues his invoice and is deducted at the time the remuneration paid by the buyer is credited to the provider’s deposit account. In principle the finder’s fee is calculated as a percentage of the project volume. Its current level can be found here.

Money Transfer Fees – Transfer fees may occur with deposits into a deposit or escrow account, with payouts from the deposit account, with refunds and also with failed transfers or chargebacks. The currently applied transfer fees can be found here.

Money Exchange Fees – If the contractual currency of a project is not identical to that of the provider’s deposit account, then the payment is converted prior to the credit. An exchange fee is implicitly included in the exchange rate. The currently applied exchange rates can be found here.

Price Adjustments – The finder’s fees and other fees displayed on the Origondo website are strictly binding. However, errors, increases in production costs and technical changes may occur and a price adjustment may be required. Such adjustments will be announced on the Origondo website at least 30 days in advance, will become valid on the effective date and will be applied to all transactions starting from that day. Excluded from this are price corrections due to errors, those are not announced and are immediately effective.

Evasion of Commission

Evasion – You undertake to evade Origondo neither actively nor passively and to conduct all payments for the entire business relationship with the brokered party which accrue during the exclusivity period for services performed via Origondo, in order that Origondo can determine and collect the finder’s fees. In particular tenders and bids may not contain contact details allowing a potential direct contact between the buyer and provider.

Exclusivity – The exclusivity period is always 2 years starting from the first contact between buyer and provider via the Origondo website or due to the use of the Origondo website, regardless of the conclusion of a service agreement on the Origondo website. Subsequently the use of the Origondo online platform for the respective business relation is optional. Any partial or full attempts at evasion must be reported to Origondo immediately.

Flat-rate Compensation – For an existing business relation between a buyer and a provider the option exists for the service agreement partners to buy themselves out of the obligation to pay the finder’s fee by paying a flat-rate compensation. This flat rate payment amounts to CHF 750.- or, if greater, one and a half times the finder’s fees which would occur with completion via the Origondo platform. The appraisal of the fees to be omitted is undertaken by projecting the last five invoices. If these are unavailable, Origondo shall conduct the estimate at its own discretion. As soon as the flat-rate compensation is paid, both contracting parties will be informed about the fact that the finder’s fee is compensated for and that direct payments are no longer excluded.

Compensation – Buyers and providers are jointly liable for the damages caused by unpaid finder’s fees. The amount of the compensation is double the lost finder’s fees plus a flat rate fee of CHF 2'000.-. If the business volume cannot be determined clearly, Origondo may estimate it on the basis of comparable service relationships. Any deposits in the deposit account may be used for the payment of the compensation.

Market and Consumer Research

For the benefit of its customers Origondo occasionally conducts market or consumer research concerning different aspects of Origondo’s products and services; in particular alternative versions of advertisements, offers and fees. Origondo reserves the right, to include or exclude you in such market and customer research at its own discretion, without prior notice.

Links to Third-party Websites

In an attempt to provide you with increased value, the Origondo website includes links to third party websites. Websites to which our site links do not operate under these T&C. Please consult the relevant terms and conditions of the linked websites. Origondo does not control, recommend, sponsor or endorse any such third party websites. You acknowledge and agree that Origondo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Electronic Communication

When you visit the Origondo website or send e-mails to Origondo, you are communicating with Origondo electronically. You consent to receive electronic communications from Origondo Subject to you exercising the opt-out option, Origondo will continue to communicate with you by e-mail or by posting notices on the Origondo website. You agree that all agreements, invoices, notices, disclosures and other communications that Origondo provides to you electronically in its name or in the name of any other user, via e-mail or any other provisions via the Origondo website, will satisfy any legal communication requirements, including that such communications be in writing. You agree that Origondo has no responsibility or liability for the timeliness, mis-delivery, deletion or failure to store any messages, other communications or other content maintained or transmitted to you by the Origondo website.

Disclaimer and Limitation of Liability

You understand and agree that the Origondo services including all features, and functionalities associated therewith, the website and its content are provided on an" as is” and" as available” basis with all faults and without warranty, guarantee or representation of any kind, expressed or implied, including, but without limitation, warranties of merchant ability, satisfactory quality, fitness for a particular purpose and non-infringement. You accept that Origondo does not warrant that service descriptions or other content of any sales literature, or in any advertisement whether in newspapers, magazines, on the Origondo website or otherwise or in any invoice or other document issued by us is accurate, complete, reliable, current, or error-free and any changes, omissions or errors made may be made or corrected by Origondo without further liability. You expressly agree that your use of the Origondo website is at your sole risk and you assume all responsibility. You also accept the additional effort which might be caused by any failures, loss of data, delays or service interruptions. Origondo will not be liable for any damages you may suffer as a result of your use of the Origondo website or Origondo services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Origondo reserves the right at any time to modify or discontinue, temporarily or permanently, the functionality or other aspects of the website with or without notice. You confirm that Origondo shall not be liable to you or to any third party for any modification, interruption to availability, suspension or discontinuance of the Origondo website. You agree that any future features, content and services that augment or enhance the current offering shall be subject to these T&C. No verbal or written information or advice given by Origondo or an authorized representative shall create a warranty or otherwise constitute a representation binding upon Origondo or its affiliated parties.

In no event shall Origondo, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners and employees be liable or responsible to you for personal injury or any special, incidental, indirect, consequential or exemplary loss or damages of any kind, or any damages whatsoever resulting from loss of use, data or revenues, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and irrespective of any theoretical liability arising out of or in connection with the use or performance of any Origondo services, Origondo’s website, including its content, features or functionalities associated therewith. You agree to indemnify and hold Origondo, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, made by any third party due to or arising out of your purchased services, your use of the Origondo website, your posted content, your violation of the T&C, or your violation of any rights of another, whether you are a registered user or not.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, Origondo’s liability in such jurisdictions shall be limited to the extent permitted by law and shall be – to the extend permitted by law - limited to a refund equivalent to the fees originally paid to Origondo for its services.

Links from within these T&C

All links within these T&C towards other documents are provided for ease of use and do not incorporate the linked documents in these T&C. Those documents may also change at any time and without prior notice.

Changes to these T&C

Origondo reserves the right to make changes to its T&C at any time in its sole and absolute discretion. The current version of these T&C will supersede all previous versions. Service agreements established before a change of the T&C will remain governed by the T&C in force at the time of the service agreement. Origondo will attempt to provide you with notice of revisions to the T&C but cannot be held responsible if these notifications do not reach you. Therefore it is up to you to review the T&C periodically to determine if there have been changes made. The most current version of T&C can be reviewed by clicking on the "T&C" link located at the bottom of the pages of the Origondo website. Your continued use of the Origondo website after changes to the T&C are made shall confirm your agreement to follow and be bound by the T&C as modified.

Waiver and Separability of the T&C

The failure of Origondo to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If by a court of competent jurisdiction any provision of the T&C is deemed invalid, void or for any reason unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

Authoritative Version

These T&C are published in several languages. In the event of contradictions, the German version is authoritative.

Applicable Law and Place of Jurisdiction

The T&C and the legal relationship between you and Origondo shall be governed and construed – subject to any imperative legal provisions to the contrary – exclusively by the laws of Switzerland with the exclusion of the law on the conflict of laws. You and Origondo agree to the extent permitted by law to submit to the personal and exclusive jurisdiction of the courts of the canton of Zurich, Switzerland, over any dispute of any sort that might arise between you and Origondo or its affiliates.

Contact

Origondo welcomes your questions, comments and requests concerning the T&C. You can contact Origondo at any time using the contact form. If for some reason you prefer to send your request anonymously you can also send a message with a click on the "feedback" button. Before sending an anonymous message, you must however log out as otherwise your name will be shown in your message to Origondo.