GTC

Unless expressly stated otherwise or agreed with the users, the provider's liability for damages in connection with the performance of the contract is excluded, limited and/or restricted to the extent permitted by applicable law.

Compensation

To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any third party claims or demands, including, but not limited to, attorneys' fees and costs, which are asserted on the basis of or in connection with a culpable violation of these GTC, third-party rights or statutory provisions in connection with the use of the Service by the User or its agents, officers, directors, representatives, co-branders, partners and employees.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable statutory provisions, users have no right to claim damages from the provider (or any natural or legal person acting on its behalf).

This does not apply to damage to life, health or physical integrity or damage due to the breach of a material contractual obligation, such as an obligation absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that The Cocktailmaker has been used properly and correctly by the user.

Unless damages were caused intentionally or by gross negligence or affect life, health or physical integrity, the provider is only liable for the amount of damages typical and foreseeable at the time of conclusion of the contract.

In particular, the provider is not liable within the aforementioned limits for:

• any losses, unless these are the direct result of a breach of the GTC by the provider;

• any loss of business opportunities and any other loss, even indirect, that the user may suffer (such as loss of trade, loss of revenue, loss of income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• Damages or losses resulting from interruptions or malfunctions of the Service (The Cocktailmaker), if such interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of the Provider, such as, but not limited to, but not limited to, failures or interruptions of telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the supply of third party products, services or applications;

Users in Australia

Limitation of liability

Warranty rights, conditions, guarantees, rights and remedies to which users are entitled under the Competition and Consumer Act 2010 (Cth) remain completely unaffected by the provisions of these GTC. The same applies to any similar mandatory national or territorial laws that confer inalienable rights on users. To the extent permitted by law, our liability to users - including liability for breach of an unwaivable right and any other liability not excluded by these GTC - shall be limited, at the Provider's reasonable discretion, to subsequent fulfilment or reimbursement of the costs incurred for the renewed provision of the services.

Users in the USA

Warranty disclaimer

The Cocktailmaker is provided and made available on an "as is" and "as available" basis only. Use of the service is at your own risk. The provider expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service shall not create any warranties unless expressly stated.

Notwithstanding the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content will be reliable, accurate or correct; that the Service will meet users' expectations; that the Service will be uninterrupted or reliably available at any particular time or location; 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 your own risk. Users are solely responsible for any damage to the User's computer system or mobile device or loss of data that results from such download or use of the Service by the User.

The Provider does not warrant or assume any responsibility for any products or services advertised or offered by third parties through the Service or any hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third party providers of products or services are neither brokered nor monitored by the Provider.

The service may become inaccessible or not function properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damage resulting from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to Users. This Agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability under the Agreement are, to the extent prohibited by applicable law, ineffective.

Limitation of liability

• To the extent permitted by law, in no event shall the Provider 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, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and

• any damage or loss resulting from hacking, tampering or other unauthorised access or use of the Service or the User Account and the information contained therein;
• any errors, mistakes or inaccuracies in content;
• personal injury or property damage of any kind arising from access to or use of the service by the user;
• any unauthorised access to the provider's backup servers and/or the personal information stored therein;
• any interruption or cessation of transmission to or through the Service;
• any bugs, viruses, Trojans or similar that may be transmitted to or through the service;
• any errors or omissions in the Content or for any loss or damage arising from the use of any Content posted, emailed, transmitted or otherwise made available via the Service; and/or
• the defamatory, offensive or illegal behaviour of any user or third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, revenues, liabilities, obligations, damages, losses or expenses shall be limited to the amount paid by the User to the Provider under this Agreement in the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the User.

This limitation of liability applies to the maximum extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the provider has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These T&Cs confer certain rights on the user, while the user may have other rights depending on the jurisdiction. The exclusions and limitations of liability under the T&Cs are void where prohibited by applicable law.

Compensation

The User agrees to indemnify and hold the Provider 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 debts and expenses, including, but not limited to, legal costs and expenses, arising out of or in connection with

• access to and use of the Service by the User, including any data or content transmitted or received by the User;
• the breach of these GTC by the user, including but not limited to the breach of any of the representations and warranties contained in these GTC by the user;
• the infringement of third-party rights by the user, including but not limited to personal rights or intellectual property rights;
• the violation of statutory provisions, rules or regulations by the user;
• any content transmitted from the user account, including in the case of access by third parties using the user's username, password or other security measures, if any, and including misleading, false or inaccurate information;
• the alleged misbehaviour of the user; or
• the breach of any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.