Terms of Use TFS2

1. Acceptance of Terms
1.1 This agreement (the “Agreement”) sets out the terms and conditions of your access to and use of the website currently located at URL: tracing.fairstone.org (“TFS2”) through which you may access and receive the services of Fair Stone Association. This Agreement is made between you and us for your access and use of the TFS2. You acknowledge that you have read this Agreement and agree with the terms and conditions specified herein prior to your access and use of the TFS2. If you do not accept any of the terms and conditions, you must not access or use the TFS2.
1.2 We may amend this Agreement and other policies at any time by posting an updated version. The updated version of this Agreement and other policies we may post from time to time shall take effect immediately upon posting.

2. Access
2.1 You hereby authorize us to collect and use the information (which may include personal information) you provided for your access to and use of TFS2 in accordance with the privacy policy which is available at [https://www.en.fairstone.org/data-protection/ ](“Privacy Policy”). You are responsible for providing accurate information and for keeping your information up to date in the event of changes.
2.2 To access or use TFS2, you need to register and create an account. You shall be solely responsible for: a) maintaining the confidentiality of your username and password; b) all transactions and activities that occur under your username and password; and c) any and all consequences of use or misuse of your username and password.
2.3 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your company

3. Your Responsibilities
3.1 You will use the TFS2 in good faith and in compliance with all applicable laws and regulations.
3.2 The information and material you provide in connection with the use of the TFS2 is true, lawful and accurate, and is not false, misleading or deceptive.
3.3 You shall not use the TFS2 engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).
3.4 You shall not use the TFS2 for any illegal activities or in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the TFS2.

4. Privacy
The Privacy Policy sets out some or all of the ways we may collect, use, disclose, and manage your Personal Information in relation to your use of the TFS2 and the www.fairstone.org website as well as Services pursuant to this Agreement.

5. Limitation of service
Notwithstanding any limitations described elsewhere in this Agreement, we may establish general practices and limits concerning use of the TFS2. We reserve the right to change, suspend or discontinue any aspect of the TFS2 at any time, including hours of operation or availability, without notice and without liability.

6. Indemnification
You agree to indemnify Fair Stone Association and our affiliates and our employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the TFS2 or from your breach of this Agreement.

7. Suspension or breakdown of systems
If you are unable to use the TFS2 as a result of improper operation of the systems due to any of the following reasons, you agree you will not hold Fairstone liable for:
a) System suspension which has been announced in advance; or
b) Failure in data transmission and system operations due to Force Majeure Event.

8. Disclaimer and limitation of liability
8.1 You agree that all risks arising from your use of the TFS2 will be borne by you.
8.2 Fair Stone Association makes no warranty regarding the TFS2 under this Agreement, including but not limited to: a) TFS2 features will meet your requirements; b) the TFS2 availability will be uninterrupted, timely or error free; or c) any products, information or material obtained by you in connection with the TFS2 Platform will meet your requirements.
8.3 Except as expressly provided in this agreement and to the full extent permitted by law, the TFS2 Platform is provided "as is", "as available" and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

9. Contact information
9.1 You are required to keep your accounts and contact information current at all times. Any account found to contain incorrect and/or outdated information can be suspended.

10. Intellectual property rights
10.1 Fair Stone Association is the sole owner or lawful licensee of all the rights and interests in the TFS2 platform. All title, ownership and Intellectual Property Rights in the TFS2 shall remain with Fair Stone Association, its affiliates or licensors.
10.2 “Intellectual Property Rights” shall mean:
(a) all rights, title and interest in and to all intellectual property rights, including any and all copyrights, patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, rights in computer software, database rights, and rights in know-how, in each case whether registrable or not, and including any applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and across all platforms and mediums whether now known or in the future invented;
(b) all rights under licences, consents, orders, statutes or otherwise in relation to any of the rights referenced in sub-paragraph (a) above;
(c) all rights of the same or similar effect or nature as or to those in sub-paragraphs (a) and (b) which now or in the future may subsist;

11. Jurisdiction and choice of law
This Agreement shall be governed by with the laws of Germany without regard to conflict of law principles. You irrevocably consent any dispute or claim arises from or in connection with this Agreement or your use of the TFS2, the relevant parties shall resolve such dispute through amicable negotiations.

12. General provisions
12.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced.
12.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.3 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
12.4 Any failure by Fair Stone Association to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.