1. Area of Application
1.1 Use of these web pages (hereinafter referred to as “Mundus Foundation website”), made available by Mundus Foundation, Aveiro, Portugal and/or its subsidiaries (“Mundus Foundation”), shall only be permitted based on these terms and conditions. These general terms and conditions of use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and/or services, on an individual basis. By logging in, or if a separate log-in is not required, by commencing use, the user shall accept the validity of these terms and conditions in their corresponding version.
1.2 If, when using the Mundus Foundation website, the user acts as or on behalf of a company, i.e. in fulfilment of a trade or independent professional activity, or for a public body.
1.3 In the case of web offers addressed to companies or public bodies, the company or body in question shall be represented by the user and must accept responsibility for the latter’s actions and knowledge.
2. Services
2.1 Mundus Foundation shall make available particular information for retrieval or download on the Mundus Foundation website.
2.2 Mundus Foundation shall be entitled to cease operation of the Mundus Foundation website wholly or partly at any time. Due to the nature of the Internet and computer systems, Mundus Foundation shall accept no responsibility for the uninterrupted availability of the Mundus Foundation website.
3. Registration, Password
3.1 Some pages of the Mundus Foundation website may be password-protected. In the interests of the security of business transactions, only registered users shall be able to access these pages. The user shall enjoy no automatic right to registration by Mundus Foundation. Mundus Foundation shall especially reserve the right to make web pages that have previously been freely accessible subject to an obligation to register. Mundus Foundation shall be entitled to revoke the access authorization at any time by blocking the access data with no need to state its reasons, particularly if the user has made false statements for the purpose of registration, has contravened these terms and conditions or his duty of care when handling the access data, has violated applicable law when accessing or using the Mundus Foundation website or has not made use of the Mundus Foundation website over an extended period of time.
3.2 Where registration is required, the user shall be obliged to make accurate statements and to notify Mundus Foundation of any subsequent change to these statements without undue delay (where possible, online). The user shall ensure that he receives the e-mails sent to the e-mail address that he has specified.
3.3 Once registration has been completed, the user shall receive a user name and a password (hereinafter referred to as “user data”). On first access, the user shall change the password received from Mundus Foundation to a password known only to him. The user data shall enable the user to view or change his data or to revoke or extend his consent to data processing, as applicable.
3.4 The user shall ensure that the user data does not become accessible to third parties and shall be liable for all orders and other activities carried out under the user data. At the end of each session, the user shall exit the password-protected area. If the user becomes aware that third parties are misusing the user data, he shall be obliged to notify Mundus Foundation promptly in writing; where applicable, advance notification should be given by e-mail.
3.5 Once Mundus Foundation has received the notification under 3.4, it shall block access to the password-protected area using these user data. The block may only be lifted after Mundus Foundation has received a separate application to this effect from the user or after renewed registration.
3.6 The user may request cancellation of his registration in writing at any time if such cancellation does not preclude the execution of ongoing contractual relationships. In this case, Mundus Foundation shall delete all user data and all other stored data of a personal nature belonging to the user as soon as this data is no longer required.
4. Rights to Use Information
4.1 Use of the information made available on the Mundus Foundation website shall be subject to these terms and conditions, or where information, software or documentation is updated, to the relevant licence terms previously agreed with Mundus Foundation. Separately agreed licence terms shall take precedence over these terms and conditions.
4.2 Mundus Foundation shall grant the user a non-exclusive and non-transferable licence to use the information made available on the Mundus Foundation website to the extent agreed or, in the absence of such agreement, to the extent that such use complies with the purpose pursued by Mundus Foundation when making said information available.
4.3 All texts, photographs and graphics displayed on the Mundus Foundation website, as well as their arrangement, shall be governed by copyright and other laws for the protection of intellectual property. They may not be copied for commercial purposes or for distribution, or modified and used on other Internet pages. Some Internet pages also contain images, which shall be subject to the copyright law of those parties that have made them available.
5. Intellectual Property
5.1 Notwithstanding the special provisions under Item 4 of these terms and conditions of use, information, brand names and other content of the Mundus Foundation website may not be changed, copied, reproduced, sold, rented, used, amended or exploited in any other way without the prior written permission of Mundus Foundation.
5.2 Over and above the rights of use or other rights expressly granted herein, the user shall be granted no further rights of any kind, particularly in respect of the company name and industrial property rights, such as patents, utility patterns or brands, nor shall Mundus Foundation be subject to any corresponding obligation to grant such rights.
5.3 If the user posts ideas and suggestions on the Mundus Foundation websites, Mundus Foundation may use such free of charge for development, improvement and distribution of products from its portfolio.
6. Duties of the User
6.1 When using the Mundus Foundation website, the user may not
inflict harm on other persons, particularly minors, or infringe their data protection rights;
violate public morals with his behaviour;
infringe industrial property rights and copyright, or other proprietary rights;
transmit content containing viruses, so-called Trojan horses or other programmed elements that might damage software;
enter, store or send hyperlinks or content for which he has no authorization, particularly if said hyperlinks or content are in breach of confidentiality obligations or unlawful; or
disseminate advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and the like, or exhort others to participate in lotteries, snowball systems, chain letter, pyramid game or similar activities.
6.2 Mundus Foundation shall be allowed to deny access to the Mundus Foundation website at any time, particularly if the user breaches obligations arising from these terms and conditions.
7. Hyperlinks
The Mundus Foundation website may contain hyperlinks to web pages of third parties. Mundus Foundation shall accept no responsibility for the content of these web pages, nor shall Mundus Foundation embrace these web pages and their content as its own, as Mundus Foundation has no control over the linked information and is also not responsible for the content and information stored there. The use of such web pages shall be at the user’s own risk.
8. Liability for Defects in Title and Quality
8.1 If information is made available free of charge, liability for any defects in the information in terms of quality and title, particularly in respect of correctness, absence of error, freedom from third-party industrial property rights and copyright, completeness and/or fitness for purpose shall be excluded except in the case of wilful intent or deceit.
8.2 The information on the Mundus Foundation website may contain specifications or general descriptions of the technical possibilities of products, which may not be available in individual cases (e.g. owing to product modifications). The desired product performance features must therefore be agreed on an individual basis at the time of purchase.
9. Other Liability, Viruses
9.1 The liability of Mundus Foundation in respect of defects in quality and title shall be determined in accordance with the provisions in Item 8 of these terms and conditions of use. Any further liability of Mundus Foundation shall be excluded except where liability is mandatory, or in cases of wilful intent, gross negligence, injury to life, limb or health, owing to assumption of a warranty of quality, owing to deceitful concealment of a defect or breach of material contractual obligations. The damages in the case of breach of material contractual obligations shall, however, be limited to damages that are usually foreseeable at the time of concluding the contract, providing there is no wilful intent or gross negligence.
9.2 Although Mundus Foundation makes every endeavour to keep the Mundus Foundation website free from viruses, Mundus Foundation shall not warrant that said website is virus-free. Before downloading information, the user shall, for his own protection and for the purposes of preventing viruses on the Mundus Foundation website, make sure that he uses appropriate security devices and virus scanners.
9.3 The aforementioned provisions in Items 9.1 and 9.2 shall not entail any changes in the burden of proof to the user’s disadvantage.
10. Export Controls
10.1 The export of certain information may, due, say, to its nature or intended use or final destination, be subject to authorization. The user shall strictly comply with the export regulations relevant to the information, particularly those of the EU/ EU member states, Pakistan or any other state(s) listed afterwords. Mundus Foundation shall label information, software and documentation in respect of the obligation to secure authorization in accordance with Pakistan and EU export control lists and the Commerce Control List of any state(s) listed afterwords.
10.3 Mundus Foundation shall, on request, inform the user of the relevant contact points for further information.
11. Data Protection
When collecting, using and processing personal data relating to a user of the Mundus Foundation website, Mundus Foundation shall comply with the applicable data protection regulations and the Mundus Foundation privacy statement, which is available for viewing on the Mundus Foundation website via hyperlinks.
12. Collateral Agreements, Place of Jurisdiction, Applicable Law
12.1 Collateral agreements shall require the written form.
12.2 The place of jurisdiction shall be Aveiro, Portugal if the user is a trader.
12.3 Mundus Foundation and/or its subsidiaries shall operate, and be responsible for, the individual pages of the Mundus Foundation website. The pages shall take into account the requirements of the particular country in which the responsible company has its headquarters. Mundus Foundation shall accept no responsibility for the permissibility of the retrieval or download of information from the Mundus Foundation website to locations outside the country in question. If users access the Mundus Foundation website from locations outside the country in question, they themselves shall be solely responsible for complying with all applicable local laws. Access to information on the Mundus Foundation website from countries in which such access is unlawful shall be prohibited. In this case, and if the user wishes to have a business relationship with Mundus Foundation , the user should contact Mundus Foundation representatives in that particular country.
13. Information Change
Any information given in above terms and conditions of use is subject to change without notification
Mundus Foundation 