Terms of Use

Welcome to the website of Toptrue, accessible at toptrue.ddd. These Terms of Use ("Terms") constitute a legally binding agreement between you and Toptrue and govern your access to and use of our website, including all content, features, tools, and services related to hydration and appearance. By accessing, browsing, or using our website in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access or use our website. We recommend that you print or save a copy of these Terms for your records.

Acceptance and Scope

By using this website, you confirm that you have the legal capacity to enter into a binding agreement (e.g. you are of age in your jurisdiction and not under guardianship) and that you have read, understood, and agree to these Terms of Use. These Terms apply to all visitors, users, and any other persons who access or use the website, whether as a guest or a registered user. They apply in addition to our Privacy Policy and Cookies Policy, which describe how we collect, use, and protect your information and how we use cookies and similar technologies. You are responsible for ensuring that your use of the website complies with all applicable laws in your jurisdiction. In the event of any conflict or inconsistency between these Terms and any specific agreement you enter into with us (e.g. for the purchase of products, such as our Daily Hydration Serum, Glow Moisturiser, or Routine Essence), the terms of that specific agreement shall prevail to the extent of the conflict.

Permitted and Prohibited Use of the Website

You may use our website only for lawful purposes and in accordance with these Terms. You agree to use the website in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the website. You agree not to use the website in any way that:

• Violates any applicable local, national, or international law, regulation, or ordinance, including but not limited to data protection, consumer protection, intellectual property, and criminal law.
• Infringes, misappropriates, or otherwise violates the intellectual property rights (including copyright, trademark, patent, or trade secret rights), privacy, publicity, or other rights of Toptrue or any third party.
• Transmits, distributes, or makes available any harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content, or any content that constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
• Transmits or introduces viruses, malware, Trojan horses, worms, or other malicious or technologically harmful code, or attempts to gain unauthorised access to our or any third party's systems, networks, servers, or data.
• Involves unsolicited or unauthorised advertising, promotional materials, spam, or any form of commercial solicitation.
• Interferes with, disrupts, or overloads the website or the servers, networks, or infrastructure connected to it, or attempts to do so.
• Uses automated means (including but not limited to bots, scrapers, crawlers, or scripts) to access, monitor, or copy any part of the website or its content without our prior written consent, except for standard search engine indexing in accordance with our robots.txt file and generally accepted practices.
• Impersonates or attempts to impersonate Toptrue, our employees, another user, or any other person or entity.

We reserve the right to suspend or terminate your access to the website, without prior notice or liability, if we reasonably believe that you have breached these Terms or that your use of the website is harmful to us, other users, or third parties. We may also report any suspected illegal activity to the relevant authorities and cooperate with them in any investigation.

Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, data compilations, software, and the selection and arrangement thereof, is the property of Toptrue or its licensors and is protected by copyright, trademark, and other intellectual property laws of Germany, the European Union, and internationally. The "Toptrue" name and logo, and all related product and service names, design marks, and slogans are the trademarks or service marks of Toptrue or its licensors. You may not use any such marks without our prior written permission. You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, publicly display, perform, or exploit any content or software on this website without our prior written permission, except as expressly permitted herein. You may view and download one copy of the content for your personal, non-commercial use only, provided that you do not remove or alter any copyright, trademark, or other proprietary notices. Any unauthorised use of the content or our intellectual property may result in legal action and may violate copyright, trademark, and other laws. We reserve all rights not expressly granted in these Terms.

Nature of Content and Information; No Professional Advice

The content on our website, including information about hydration, appearance, skin care, lifestyle, and our products (such as Daily Hydration Serum, Glow Moisturiser, and Routine Essence), is provided for general informational and educational purposes only. It is not intended as, and does not constitute, professional, medical, dermatological, or any other form of advice. Results and experiences may vary from person to person. The information provided on our website is for educational purposes only and is not intended to replace medical advice. We do not guarantee the accuracy, completeness, timeliness, or suitability of any content for your particular situation, and we are not responsible for any decisions you make based on such content. You should always consult a qualified professional (e.g. a physician, dermatologist, or other relevant specialist) for advice tailored to your individual needs and circumstances. Reliance on any content on this website is solely at your own risk.

Products and Services; Orders

Descriptions, images, illustrations, and pricing of products displayed on our website are for information purposes and are subject to change without prior notice. We strive to display accurate and up-to-date information but do not warrant that product descriptions, pricing, availability, or other content are error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time. All orders for our hydration and appearance products are subject to availability and acceptance by us. We may refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud. Any purchase or transaction may be subject to additional terms and conditions (e.g. our Return Policy, shipping and delivery terms, payment terms) that will be communicated to you at or before the time of purchase. By placing an order, you agree to those additional terms to the extent they apply.

User Submissions and Content

When you submit content to us (e.g. via contact forms, emails, feedback forms, or any other means), including but not limited to messages, questions, comments, suggestions, or other materials ("User Content"), you grant Toptrue a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such User Content in connection with our website, our hydration and appearance products and services, and our business, in any media now known or hereafter developed. You represent and warrant that you own or control all rights to the User Content you submit and that such content does not violate any third-party rights (including intellectual property and privacy rights) or these Terms. We are not obligated to publish, display, or use any User Content and may remove, edit, or refuse to publish any User Content at our sole discretion, without notice or liability. We do not endorse and are not responsible for any User Content. You are solely responsible for your User Content and the consequences of submitting it.

Disclaimer of Warranties

Our website and all content, materials, information, products, and services provided through or in connection with it are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Toptrue disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not warrant that the website or any content or services will be uninterrupted, timely, secure, error-free, free of viruses or other harmful components, or that any defects will be corrected. We do not warrant the accuracy, reliability, or completeness of any content. Your use of the website and any content or services is at your sole risk. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, some of the above exclusions may not apply to you, and we disclaim warranties only to the extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Toptrue or its officers, directors, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the website or any content or services, your reliance on any content, or any other matter relating to the website or these Terms, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. In no event shall our total aggregate liability to you for all claims arising out of or relating to the website or these Terms exceed the amount you have paid to us, if any, in the twelve (12) months preceding the claim, or one hundred euros (€100), whichever is greater. The foregoing limitations apply notwithstanding the failure of any limited remedy of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Toptrue and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: (a) your access to or use of the website or any content or services; (b) your User Content or any other content you submit or transmit through the website; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property, privacy, or other right; or (e) any claim that your User Content or your use of the website caused damage to a third party. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defences and will remain responsible for your indemnification obligations.

Links to Third-Party Websites and Resources

Our website may contain links to third-party websites, resources, or services that are not owned or controlled by Toptrue. Such links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party sites or resources. You access and use third-party websites and resources at your own risk and subject to the terms and policies of those third parties. We encourage you to read the terms and privacy policy of any third-party site you visit. You agree that we shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute arising out of or relating to these Terms or the website shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute. Nothing in these Terms shall affect your statutory rights as a consumer under the laws of your country of residence, including your right to bring proceedings in the courts of your country of residence where applicable mandatory law so provides.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent, or if such modification is not possible, it shall be severed from these Terms.

Waiver

No failure or delay by Toptrue in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

Entire Agreement

These Terms, together with our Privacy Policy, Cookies Policy, Return Policy, and any other policies or guidelines published on our website that are expressly incorporated by reference, constitute the entire agreement between you and Toptrue regarding the website and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

Changes to These Terms

We may modify, amend, or update these Terms at any time at our sole discretion. We will post the updated Terms on this page and indicate the date of the last update. Where changes are material, we may provide additional notice (e.g. by email or a prominent notice on our website) where we have your contact details and where required by law. Your continued use of the website after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the website. We encourage you to review these Terms periodically to stay informed of any updates.

Contact Us

For any questions, comments, or concerns about these Terms of Use, please contact Toptrue using the contact details provided on our website at toptrue.world, including our contact form, postal address (Schützenstraße 41, 10117 Berlin, Germany), and telephone number. We will endeavour to respond to your enquiry as soon as reasonably practicable.

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