General Terms and Conditions

Nordbook Unternehmergesellschaft (haftungsbeschränkt)
Last Revision: 25.09.2014

Please read these General Terms and Conditions carefully before using the website www.pandaleaks.org

Copyright and Ownership

To eliminate any risk of misunderstanding: “We”, “us” and “our” in the General Terms and Conditions mean the Nordbook Unternehmergesellschaft (haftungsbeschränkt). “You” and “your” mean the person using our Website under these Terms. “Goods” means the good(s) – including printed books – you have ordered from us using the Website and “Services” means the service(s) you have ordered from us using the website – including ebooks –, together, the “products”. “Privacy policy” means this privacy policy which applies to all instances of our collection and/or use of your personal data through the Websites and which can be found here. “Prohibited content” means the content set out in the Acceptable Use Policy. “Terms” means these Terms of Use of the Websites and all other documents referred to in them. “Sales Terms” means the Sales Terms and Conditions which apply to all transactions made using the Websites and which can be found here. “Working days” means all days other than Saturdays, Sundays, and Public Holidays. By accessing/using the Website, you agree that you have read and understood the Terms and that you agree to them. Your continued access to and/or use of the Website will mean that you agree to be bound by the most current version of the Terms as may be updated at any time.

Updates

These Terms may be changed at any time by us. If we make any changes we will include a notice at http://www.pandaleaks.org/tac and you should then check them. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. You acknowledge and accept that we may from time to time alter any aspect of the Website, or any of the Products provided through the Website, as we think fit and without notice to you.

Acceptable Use Policy

It is a condition of use of the Website that you will not post any prohibited content on any bulletin board, forum or comment or review section of any Website as set out below. Prohibited Content includes (but is not limited to): falsehoods or misrepresentations that could damage us or any third party; content or links to websites that are unlawful, obscene, indecent, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate; any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so; material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Websites; impersonation of another person; advertisements or solicitations of business; or personal information about another person and/or attempts to solicit personal information from anyone.

Any content which includes any of the content set out above is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed to be Prohibited Content. We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of the Acceptable Use Policy, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Website. If you believe that any posting or review displayed on our Websites contains Prohibited Content, please notify us immediately by contacting us at info@pandaleaks.org. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.

Downtime

You know and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which a Website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise. We do not guarantee uninterrupted availability of the Websites, but shall make reasonable efforts to minimise any periods during which a Website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Links

The Website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us. You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.

Security

We take your online privacy seriously. However, although we use appropriate encrypted security software on our Website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.

Additional rules

The Websites may contain various bulletin boards, competitions and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature before participating in them, as they form part of these Terms to which you agree through your continued use of this site.

Use of the Website

You must use the Website for lawful purposes only. You must comply at all times with the Acceptable Use Policy. You must not send for display on the Websites any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights. You must not send material containing software viruses or otherwise use a Website in any way that interrupts access to it.

Registration

In order to purchase Products from us or use any board, forum or comment or review section of any Website you need to register your details with us. On registration, you must provide us with accurate and complete registration information as indicated on the registration screen. You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at info@pandaleaks.org. Your registration does not in itself entitle you to purchase Products from us or use any board, forum or comment or review section of any Website and we are not obliged to accept any or all orders that you place with us, nor are we obliged to use any content that you provide to us.

Privacy

Nordbook Unternehmergesellschaft (haftungsbeschränkt) takes your online privacy seriously. You may visit our Website anonymously as often as you like without providing any personally identifying information. We do not collect personally identifying information from you except when you specifically provide it, and we protect the information we receive. With your consent we may gather personal information from you through Website sales, surveys and newsletters. We do not generally link your name to cookies unless you specifically provide your name to us as part of surveys and newsletters, and we do not share it with third parties which are not affiliated with Nordbook Unternehmergesellschaft (haftungsbeschränkt) without obtaining your consent first.

Intellectual property rights

This site contains material that is owned or licensed by Nordbook Unternehmergesellschaft (haftungsbeschränkt). You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. All brand names, product names and titles used in the Websites are trade names, and in some instances trade marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights. By posting messages, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with us through the Websites (each a “Communication”), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.

Limitations of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law. We are providing the Websites on an “as is, as available” basis to users. You use the Websites at your own risk. We will not be liable to you for any loss or damage in circumstances where or to the extent that: neither we nor our employees or agents are in breach of a legal duty owed to you; such loss or damage is not a reasonably foreseeable result of any such breach; or any increase in loss or damage results from a breach by you of any term of these Terms. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally. We further do not warrant that the Websites or the products and materials contained on such Website are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.

Indemnity

You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.

Terms of Sale

By placing any order for Goods and/or Services on the Websites you agree to be bound by the most current version of the Sales Terms as may be updated from time to time. Both the Terms and the Terms of Sale will apply to any transaction in relation to any Product. All orders for Products are offers by you to purchase and accepted only when you receive a confirmation email from us to the effect that your order has been processed and your Products have been dispatched. This will form a contract, which incorporates these terms and conditions, between you and us. Where the use of the Products is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.

Prices

All prices for the Products are exclusive of delivery charges. The price of an item is the price on the day of your order. We try to ensure that all prices on display on the Websites are accurate but the price on your order will need to be validated by us prior to processing your order. Where a Product’s correct price is higher than the price stated on your order we will contact you to let you know the correct price and give you the opportunity of reconfirming your order or cancelling before we dispatch the Products. All Products are subject to availability. Where stock has run out or Products cannot for some reason be dispatched, we will contact you by email to inform you of this.

Payment

Payment authorisation must be provided by you on the date that you place an order for Products. Payment must be made by PayPal. Payment will be debited from your account before despatch of the Products to you.

Delivery of Goods

We or our partners can deliver to any address in Europe or the US. There may be a charge for delivery. For a worldwide shipping request please contact us: info@pandaleaks.org. All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery. We may deliver the Goods by instalments. Delivery charges will be those set out at the time you placed your order. If we are unable to perform the whole or part of these Sales Terms due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend these Sales Terms in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered. If you receive the wrong Goods or Goods are damaged in transit, you must contact us within 28 calendar days via email and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy which can be found here.

Customs

There may be a territorial restriction on our ability to deliver Products and we will inform you accordingly. It is your responsibility to provide us with a full and accurate delivery address. When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities. The Products are at your risk from the time of delivery. Ownership of the Products does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of: the Products and all other sums which are or become due to the us from you on any account.

Security

We take your online privacy seriously. However, although we use appropriate encrypted security software on our Websites, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of e-mail or other internet link will be borne solely and exclusively by you.

Representations

Our employees and agents are not authorised to make any representations or give any warranty concerning the Products unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.

Limitations of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law. We are providing the Websites on an “as is, as available” basis to users. You use the Websites at your own risk. We will not be liable to you for any loss or damage in circumstances where or to the extent that: neither we nor our employees or agents are in breach of a legal duty owed to you; such loss or damage is not a reasonably foreseeable result of any such breach; or any increase in loss or damage results from a breach by you of any of these Terms. Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care. Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally. We further do not warrant that the Websites or the products and materials contained on such Websites are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.

Indemnity

You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Sales Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.

Cancellation

All e-book sales are final. Our Service commences immediately when you begin to download content from our website and you will not have a right to cancel your contract once the service commences.You may cancel your order for physical goods (POD book edition) made via our Website before delivery or within 14 calendar days after the date of delivery. Please cancel by email: info@pandaleaks.org. We will credit your PayPal account with the cost of the unwanted goods and our delivery charges within 30 days of the date of your cancellation.

Please return the unwanted Goods with the original packaging within 30 days of cancellation. You are required to take reasonable care of the goods while in your possession. Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged or if we have delivered them to you in error. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation. If Goods are defective or damaged, please contact us via the order enquiries form on the My Account page. We reserve the right to check if items are damaged or defective before agreeing to reimbursement and ask for proof of damage or defect. We will refund you the cost of damaged or defective goods, our delivery charges and your reasonable return charges.

General

Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations. If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect. All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order. Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party. The Websites may provide links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites. These Terms are governed by and construed in accordance with German law and the parties will submit to exclusive jurisdiction of the German courts. Neither we nor our affiliates make any representation that materials on the Websites are appropriate or available for use in locations outside Germany, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from other locations do so under their own initiative and are responsible for compliance with local laws.

Termination

These Terms may be terminated by use at any time without notice. In this event of termination, you are no longer authorised to have access to the site and all limitations on our liability and on your use of our material shall survive. These Terms, along with the Sales Terms and any additional rules or conditions referred to herein and the Privacy Policy constitute the entire agreements and understanding between you and us as to your use of the Websites superseding all prior or contemporaneous communications and/or proposals.

Contact

For comments relating to the content of the Websites generally, please email us info@pandaleaks.org

For service of legal notices:

Nordbook UG (haftungsbeschränkt)
Konsul-Smidt-Str. 8 d
28217 Bremen
Germany