Conclusive of contract
(1) A licence agreement with Lindt is concluded by completing the online registration process and creating a profile.
(2) Access to the Community requires the creation of a profile and a user account. This consists of the e-mail address and a password ("Login Data"). To create a user account, the User must provide a current e-mail address. That e-mail address is at the same time used for communication with Lindt.
(3) The User warrants that the data ("Profile Data") used to create his profile such as first name and last name are correct and complete. It is not admissible to use pseudonyms.
(4) The only contract language is English.
Use of the profile
(1) When using the Community, the User can use various services, e.g. save and edit contact data for his next purchase, edit his shipping and billing address, view the status of orders placed or publish his own content, such as recipes, within the Website and, to this end, upload text, images etc. and comment on recipes or other contents posted by other Users.
(2) Lindt is entitled to block access to individual content at any time, e.g. when it is suspected that any content violates existing law or infringes a right of a third party.
(3) The User cannot claim that any individual functionality of the Community will be upheld. Lindt will strive to ensure trouble-free operation of the Website and the Community. Naturally, however, this is limited to services which Lindt can influence.
(4) Lindt is free to restrict access to the Website or the Community in whole or in part, temporarily or permanently, due to maintenance work, for capacity reasons or due to other events outside its control.
User’s duty to cooperate: posting of content
(1) The User undertakes to comply with applicable law (e.g. criminal law, competition law and laws for the protection of children and the youth) and not to infringe any right of a third party (e.g. rights to names, trademark rights, copyrights and data privacy rights) when he creates and uses his own contents.
(2) The User warrants to Lindt that any content posted on the Website will neither violate existing law nor offend public decency, neither due to its content nor due to its form. The same applies for any external links established. In particular, it is not permitted to distribute content which represents, concerns or includes
- glorification of violence and extremism of any kind whatsoever;
- calling for and/or inciting offences or contravention of any law, threats against life and limb or property;
- agitation against any person or company;
- remarks that injure persons, libel, insult or slander against Users or third parties as well as violation of any unfair competition law;
- contents infringing any copyright or any other infringement of intellectual property rights;
- sexual harassment of a User or a third party;
- offensive, sexist, obscene, vulgar, abominable or disgusting materials or manners of expression;
- Religious proselytising.
Other duties of the User of cooperate
(2) Should any content include a hyperlink to a third-party web page, the User shall ensure he is authorised to use the hyperlink and that the web page linked ("Landing Page") is consistent with all applicable laws and third-party rights as defined in Section 5 Paragraph 1 hereof.
(3) The User is obligated to handle the Login Data carefully. Without exception, the User is prohibited from disclosing the Login Data to any third party or to enable any third party access to the profile by circumventing the Login Data.
(4) The User is obligated to refrain from any activity which is suitable to impair and/or overly burden operation of the Website or the underlying technical infrastructure. This in particular includes:
- the use of software, scripts or databases in connection with the use of the Website;
- any blocking, overwriting, modification and/or copying of data and/or other contents;
except where this is necessary to use the Website as intended.
Rights of use
(1) The User grants Lindt an irrevocable, non-exclusive, free-of-charge right, unrestricted with regard to scope, time and space and transferrable to third parties to use the contents posted. Lindt shall at any time be entitled to use, edit and exploit the contents. This in particular includes the right of reproduction, the right of distribution and the right to communication to the public, in particular the right of making available to the public. The User waives his right to be named as the originator.
(2) Lindt holds any and all rights to the contents of the Website. The User is prohibited from reproducing, distributing and/or publishing any content provided on the Website by Lindt, other Users or any third party.
(1) Unlimited liability: Lindt shall be liable without limitation in any case of wilful intent or gross negligence. In the event of ordinary negligence, Lindt shall be liable for any damage caused by injury to the life, body or health of any person.
(2) Apart from that, the following limited liability provision applies: In the event of ordinary negligence, Lindt shall be liable only for any breach of a material contractual obligation fulfilment of which makes proper performance of the contract possible in the first place and fulfilment of which the User may typically rely on (cardinal duty). As regards its amount, liability for ordinary negligence is limited to the damage typical for the contract foreseeable at the time the contract was concluded. This limitation of liability shall likewise apply for the benefit of the vicarious agents of Lindt.
The User shall indemnify and hold harmless Lindt and its employees or representatives from and against any and all claims being asserted based on an alleged or actual violation of a law or infringement of a third-party right by any action by the User taken in connection with the use of the Website or the Community. Moreover, the User undertakes to reimburse any and all costs which Lindt incurs due to any such claim asserted by a third party. The costs to be reimbursed also include the costs incurred for reasonable legal defence.
Terms of the contract/notice of termination
(1) The contract shall run for an indefinite period and can be terminated without notice by either party to it at any time and without stating a reason.
(2) In addition to this, each party's right to terminate the contractual relationship without notice for an important reason shall not be affected.
(4) At its own discretion, Lindt may, instead of giving notice of termination, also order that access by the User be blocked or deleted for an indefinite period of time. Lindt may in particular block/delete access by the User if the User has not used the Login Data for a period of not less than one year, if there is any doubt as to the authenticity of the User's profile or if the e-mail address provided by the User cannot be contacted.
(3) The usage relationship shall be governed exclusively by the law of England and Wales
(4) If you are a consumer resident in a part of the United Kingdom other than England and Wales, any dispute between you and us arising out of or in connection with any Contract (including non-contractual disputes or claims) will be dealt with by the courts located there.