– Tiger & Turtle is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation.
– Force majeure on the part of Tiger & Turtle is in any case understood to mean, but is not limited to: (i) force majeure on the part of Tiger & Turtle’s suppliers, (ii) the failure to properly fulfill obligations of suppliers imposed by the its third parties are prescribed or recommended to Tiger & Turtle, (iii) inadequacy of software or any third parties involved in the execution of the service, (iv) government measures, (v) failure of electricity, internet, data network and / or telecommunication facilities, ( vi) illness of employees of Tiger & Turtle or advisers engaged by it and (vii) other situations that, in the opinion of Tiger & Turtle, are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.
– In case of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the termination of the Agreement will in that case be paid by you. Tiger & Turtle has no obligation to reimburse you for any losses caused by such a withdrawal.
Limitation of Liability
– If any result that is laid down in the Agreement is not achieved, a shortcoming on the part of Tiger & Turtle will only be deemed to exist if Tiger & Turtle has explicitly promised this result when accepting the Agreement.
– In the event of an attributable shortcoming on the part of Tiger & Turtle, Tiger & Turtle is only obliged to pay any compensation if you have given Tiger & Turtle notice of default within 14 days after discovery of the shortcoming and Tiger & Turtle subsequently does not receive this shortcoming. a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description / substantiation of the shortcoming, so that Tiger & Turtle is able to respond adequately.
– If the provision of Services by Tiger & Turtle leads to Tiger & Turtle’s liability, that liability is limited to the total amount invoiced in the context of the Agreement, but only with regard to the direct damage suffered by you, indirect damage. damage or injury resulting from or in connection with the Services offered by Tiger & Turtle, unless the damage is the result of intent or intentional recklessness on the part of Tiger & Turtle. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determine the cause of damage, direct damage, liability and the manner of recovery.
– Liability is further limited to the maximum amount paid out by its liability insurance per year per claim.
– Tiger & Turtle explicitly excludes all liability for consequential damage. Tiger & Turtle is not liable for indirect damage, loss of profits, loss of profit and / or loss, missed savings, damage due to business interruption, loss of capital, loss due to delay, interest damage and immaterial damage.
– You freely use the Tiger & Turtle Services. All Treatments are at your own risk. Tiger & Turtle is not liable for damage and / or physical injury occurring after a Treatment. If you withhold any relevant information about medical conditions or physical complaints and you suffer physical injury or otherwise damage as a result, this will never constitute grounds for Tiger & Turtle’s liability.
– You indemnify Tiger & Turtle against all claims from third parties as a result of a defect as a result of a service provided by you to a third party and which also consisted of Services provided by Tiger & Turtle, unless you can demonstrate that the damage is exclusive caused by the Tiger & Turtle service.
– Any advice provided by Tiger & Turtle, based on incomplete and / or incorrect information provided by you, is never grounds for Tiger & Turtle’s liability.
– The content of the advice provided by Tiger & Turtle is not binding and only advisory in nature. You decide on your own responsibility whether you follow the proposals and advice of Tiger & Turtle mentioned herein. All consequences arising from following the advice are for your account and risk. You are at all times free to make your own choices that deviate from the advice provided by Tiger & Turtle. Tiger & Turtle is not bound by any form of refund if this is the case.
– If a third party is engaged by or on behalf of the Client, Tiger & Turtle is never liable for the actions and advice of the third party engaged by you, as well as the processing of results (of advice drawn up) of the third party engaged by you in Tiger & Turtle’s own advice.
– Tiger & Turtle does not guarantee the correct and complete transmission of the content of and e-mail sent by / on behalf of Tiger & Turtle, nor the timely receipt thereof.
– All claims from you due to failure on the part of Tiger & Turtle will lapse if they have not been reported to Tiger & Turtle in writing and with reasons within one year after you were aware or could reasonably have been aware of the facts on which you base your claims. Tiger & Turtle’s liability expires one year after the termination of the Agreement between the parties.
Idemnification and Accuracy of Information
– You are responsible for the correctness, reliability and completeness of all data, information, documents and / or records, in whatever form that it provides to Tiger & Turtle in the context of an Agreement, as well as for the data that you from have obtained third parties and which have been provided to Tiger & Turtle for the implementation of the Service.
– You indemnify Tiger & Turtle against any liability arising from failure or late fulfillment of the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and / or records.
– You indemnify Tiger & Turtle against all your claims and from third parties engaged by you or working under you, as well as from your customers, based on not obtaining any subsidies and / or permissions required in the context of the implementation of the agreement.
– You indemnify Tiger & Turtle against all claims from third parties arising from the work performed on your behalf, including but not limited to intellectual property rights to the data and information provided by you that can be used in the performance of the Agreement and / or the acts or omissions of you towards third parties.
– If you provide electronic files, software or information carriers to Tiger & Turtle, you guarantee that they are free of viruses and defects.