Brendfoni – Terms & Conditions

Thank you for using the Brendfoni platform! These Terms of Use ("Terms") establish the terms and conditions governing your use of the website, platform, products, and services ("Services") owned by Brendfoni. These Terms constitute a legally binding agreement between you and Brendfoni. By registering on the platform, creating an account, and/or using the Services, you confirm that:

  1. You have read, understood, and agreed to comply with these Terms;
  2. You are of legal age to enter into a legally binding agreement with Brendfoni;
  3. You have the authority to personally accept these Terms;
  4. If you are using the Services on behalf of a legal entity or organization:
  • The term "you" encompasses both you and that organization,
  • You are an authorized representative with the power to bind the organization to these Terms,
  • You accept these Terms on behalf of that organization.

If you do not agree with any part of these Terms, you must not use Brendfoni Services.

1. Overview

1.1 These Terms are entered into between you and the respective legal entity operating the Brendfoni platform.

1.2 Within the scope of these Terms and related policies:

  • "we", "our", and "Brendfoni" refer to the Brendfoni platform and its operator;
  • "platform" refers to the website and other digital interfaces owned by Brendfoni;
  • "you" refers to all individuals or legal entities utilizing Brendfoni Services.

1.3 Within the framework of orders placed through the Brendfoni platform, a user may create an order for multiple products during a single payment transaction. Depending on technical and operational capabilities, multiple orders may be delivered together within a single package.

1.4 Your use of the Services is also subject to Brendfoni's Privacy Policy, Cookie Policy, and other rules and policies published on the platform from time to time ("Policies"). In the event of a conflict between the Terms and the Policies, the Policies shall prevail regarding the respective subject matter.

1.5 IMPORTANT NOTE Certain sections of these Terms govern the resolution of disputes that may arise between you and Brendfoni. Where permitted by law, disputes may be resolved individually and without class actions. You may have additional rights under the laws of different countries, and some of these provisions may not apply to you.

1.6 Brendfoni reserves the right to modify these Terms at any time at its sole discretion. Updated Terms shall become effective as of the date they are published on the platform. Your continued use of the Services implies your acceptance of the updated Terms. It is recommended that you regularly check the platform to familiarize yourself with the current Terms.

2. User Requirements and Registration

2.1 To use Brendfoni Services, you must be at least 18 (eighteen) years of age and possess the legal capacity to enter into a binding contract. Minors are not permitted to use the platform. Certain products may be intended solely for adults. By ordering such products, you confirm that you are of sufficient age to purchase and use them.

2.2 You may not use Brendfoni Services under the following circumstances:

  • You lack the authority to enter into a legal agreement with Brendfoni;
  • Your use of the Services is prohibited due to the legislation of your country of residence or international sanctions;
  • Your use of the platform has been restricted or banned by Brendfoni.

2.3 Creating an account may be required to use certain parts of the Services. You are responsible for ensuring that all information provided during account creation is accurate, complete, and up-to-date. You must:

  • Be responsible for all activities carried out under your account;
  • Not share your account information and credentials with third parties;
  • Promptly notify Brendfoni of any unauthorized use of your account;
  • Not transfer your account to any third party.

2.4 Account creation via social media or other third-party platforms is possible. In this case, the terms and conditions of those respective platforms shall also apply. Brendfoni is not responsible for privacy settings or data processing managed by third-party platforms.

3. Rules and Restrictions

3.1 You agree to use Brendfoni Services solely in your own name and for your own interests, in compliance with these Terms, related Policies, and all applicable laws and regulations. Using the Services on behalf of a third party, for the benefit of a third party, or for purposes prohibited by law is not allowed. If applicable legislation prohibits your use of Brendfoni Services, you do not have the right to use the Services. Brendfoni is not liable for circumstances arising from the illegal or unauthorized use of the Services.

3.2 You are responsible for all activities carried out through your account. You are obliged to maintain the confidentiality of your account information, login credentials, and security details, refrain from sharing them with third parties, and immediately notify Brendfoni upon detecting any unauthorized use or security breach of your account.

3.3 A single user is not permitted to create multiple accounts. If Brendfoni detects such instances, it reserves the right to restrict or terminate the accounts at its sole discretion.

3.4 Discounts, campaigns, surveys, or other promotional activities provided through the Brendfoni platform (collectively, "Campaigns") may be governed by separate rules. In the event of a conflict between Campaign rules and these Terms, the respective Campaign rules shall prevail.

3.5 When using Brendfoni Services, you acknowledge and accept responsibility for ensuring that you will not create, share, distribute, or make available through the Services any content, information, or actions that include the following prohibited matters:

  1. Any content that infringes or restricts the rights of third parties, including intellectual property rights;
  2. Any activity contrary to these Terms, Policies, or applicable legislation;
  3. Illegal, offensive, deceptive, fraudulent, false, inciting violence, threatening, defamatory, pornographic, obscene, or discriminatory content;
  4. Actions aimed at circumventing or violating any of these Terms, Policies, or Campaign rules;
  5. Unauthorized advertising, spam, bulk messages, or unsolicited notifications;
  6. Unauthorized collection or use of personal data of other users;
  7. Any technical or software-related activity that could harm account security;
  8. Unauthorized attempts to access other users' accounts, passwords, or security information;
  9. Concealing identity, forging IP addresses, or impersonating another individual or legal entity;
  10. Interfering with the normal operation and security of the Brendfoni platform or connected systems;
  11. Overloading or damaging the platform through automated systems, bots, malicious codes, viruses, or similar technologies;
  12. Bypassing Brendfoni's security mechanisms or gaining unauthorized access to any part of the platform;
  13. Copying or storing platform content without the written consent of Brendfoni;
  14. Attempting to reverse engineer the source code, technical solutions, or underlying ideas of the platform;
  15. Ordering products whose acquisition or use is prohibited by law;
  16. Misusing campaigns, discounts, or benefits provided by Brendfoni;
  17. Attempting any of the prohibited cases listed above or encouraging third parties to do so.

3.6 Violation of the cases mentioned above grants Brendfoni the right, in addition to other legal remedies, to take the following measures:

  1. Remove or refuse to publish any user content;
  2. Cancel orders;
  3. Cancel benefits provided within the framework of a campaign or promotion;
  4. Temporarily or permanently restrict or terminate the account.

3.7 Brendfoni reserves the right to investigate instances upon receiving information about potential violations of the Terms. In accordance with legal requirements, cooperation may be extended to relevant state and law enforcement authorities if there is suspicion of illegal activity. Except where prohibited by applicable law, Brendfoni may disclose relevant information for the purpose of fulfilling legal obligations, enforcing the Terms, and ensuring safety.

4. Privacy

4.1 Brendfoni's Privacy Policy and Cookie and Similar Technologies Policy explain how your personal data is collected, used, stored, and disclosed when you access, review, or use our Services. By using Brendfoni Services, you consent to:

  • The collection, processing, storage, and, when necessary, disclosure of your personal data (including account and user data),
  • For the purposes specified in the Privacy Policy and Cookie Policy.

The Privacy Policy is an integral part of these Terms of Use and is applied in conjunction with them. By accepting these Terms, you simultaneously agree to comply with the terms set forth in the Privacy Policy and Cookie Policy.

5. Communications

5.1 You consent to receive notifications and messages sent to you by Brendfoni through electronic means (including email, SMS, in-app notifications, and other digital messages). Where required by law, your separate consent may be obtained for sending such notifications. You acknowledge that additional charges may be applied by your mobile operator or internet service provider for internet or SMS usage. Such costs are solely your responsibility. You also accept that all notifications, information, and documents sent to you in electronic form by Brendfoni have the same legal force as documents provided in written form.

5.2 You agree that we may contact you via the email address, telephone number, or social media provided during registration for the following purposes:

  • Informing you about your account;
  • Resolving technical or operational issues;
  • Sending notifications regarding orders, payments, and delivery;
  • Transmitting account security and verification messages;
  • Resolving disputes or inquiries;
  • Ensuring the enforcement of legislation, these Terms, and other Policies.

Standard rates applied by your mobile operator may apply to SMS notifications.

5.3 You may voluntarily subscribe to marketing notifications to receive information about discounts, campaigns, and updates provided by Brendfoni. By subscribing, you accept that promotional messages, order updates, and platform news may be sent via the contact methods you provided. The frequency of marketing messages may vary. Brendfoni is not responsible for the untimely delivery of these messages. You can opt out of marketing messages at any time. However, in this case, you may continue to receive certain functional notifications from the platform (e.g., order alerts).

5.4 If you wish to stop receiving marketing email notifications, you can opt out of these notifications via the "unsubscribe" link included in the sent emails.

5.5 Brendfoni may use third-party service providers to establish communication with users. For the purposes of quality control, security, and protection of legal interests, communications carried out with or on behalf of Brendfoni may be recorded, stored, and processed in accordance with applicable legislation.

6. User Data

6.1 "User Data" refers to reviews, comments, ratings, images, and other materials shared by the user on the Brendfoni platform. These materials must not contradict legislation, public moral standards, and platform rules.

6.2 You consent to Brendfoni's use of the User Data provided by you for the purpose of the platform's operation, improvement, and presentation.

6.3 Information shared by the user is considered non-confidential, and Brendfoni may use this information within the framework of the law.

6.4 You confirm that you own the rights to all User Data you share and that this information does not violate the rights of third parties.

6.5 Brendfoni reserves the right to delete or restrict User Data that violates platform rules at any time without prior notice.

7. Intellectual Property Rights

7.1 All content posted on the Brendfoni platform (texts, design elements, logos, interface, structure, and other materials) is protected by copyright and other intellectual property rights.

7.2 You may not copy, publish, modify, or use for commercial purposes any content belonging to Brendfoni without obtaining prior written permission.

7.3 Brendfoni respects the intellectual property rights of third parties and retains the right to remove infringing content and take appropriate measures.

7.4 Brendfoni grants you a limited, non-transferable right to use the platform solely for personal and non-commercial purposes. This right is valid as long as you comply with the Terms of Use.

7.5 In the event of a violation of these Terms, Brendfoni has the right to restrict your right of use, or suspend or terminate your account.

8. Liabilities and Third-Party Risks

8.1 All content posted on the Brendfoni platform or shared by users (comments, reviews, ratings, etc.) is the responsibility of the person who shared that content. Brendfoni is not responsible for the accuracy, completeness, or reliability of such content. You assume all risks associated with accessing and using the content on the platform.

8.2 You confirm that you possess all rights to share any content you post on the Brendfoni platform and ensure that this content does not contradict legislation, third-party rights, and platform rules.

8.3 Links to third-party websites, services, or platforms may be posted on the Brendfoni platform. Brendfoni does not control and is not responsible for the content, activities, service quality, privacy policies, or the accuracy of information provided by these third parties. The use of third-party platforms is at your own risk.

8.4 During orders executed through Brendfoni, products may be obtained from third-party marketplaces. In these cases, product specifications, availability, manufacturer information, and other technical details are based on the information provided by the respective third-party platforms. Brendfoni is not responsible for changes or discrepancies in this information.

8.5 Bypassing the Brendfoni platform to communicate directly with third parties or utilizing alternative payment and delivery methods with the intent to evade service fees, commissions, or platform mechanisms for ordered products is considered a severe violation of these Terms of Use.

9. Limitation of Liability (Release)

9.1 Brendfoni is not liable for any disputes, claims, or conflicts that may arise between users and has no obligation to intervene in such situations. Relationships arising between users or between a user and third parties are valid only between those parties.

9.2 To the maximum extent permitted by law, you agree to release Brendfoni, its management, employees, and partners from any direct or indirect damages, losses, demands, and claims arising from the use of the platform.

9.3 By accepting this release, you confirm that you voluntarily waive the right to bring claims against Brendfoni regarding any claims you currently know of or that may arise in the future.

10. Purchases

10.1 It is your responsibility to fully familiarize yourself with the product description, specifications, price, and delivery terms before purchasing a product on the Brendfoni platform. By confirming the order, you agree to pay the value of the product, applicable service fees, shipping costs, and other amounts that may arise in accordance with legislation.

10.2 Import duties, customs fees, and taxes on orders may be paid by the buyer based on current legislation. Such payments are beyond Brendfoni's control, and Brendfoni is not responsible for these costs. From the moment the product is handed over to the carrier, risks and rights related to the product transfer to you, and you are deemed the importer of record.

10.3 Product descriptions, prices, and availability information presented on the Brendfoni platform may be based on third-party sources. While efforts are made to ensure accuracy, technical or typographical errors may occur. In such cases, Brendfoni reserves the right to cancel the order or update the information.

10.4 The colors and visual appearance of products may differ from the actual product depending on the screen and technical specifications you use. Brendfoni is not responsible for these differences.

10.5 Purchases must be made using payment methods that belong solely to you, are valid, and for which you have authorization to use. Responsibility for the accuracy and relevance of payment information rests with you. By confirming the order, you give explicit consent for the deduction of the corresponding amount.

10.6 Brendfoni has the right to reject, suspend, or cancel any order due to suspicion of fraud, risky transactions, or legal requirements.

10.7 After the payment is successfully accepted, the order is considered confirmed, and your payment obligation is deemed fully executed.

11. Refunds and Related Cases

11.1 Products purchased through the Brendfoni platform cannot be returned or exchanged due to the nature of individual orders and international supply characteristics.

11.2 Once an order is confirmed and payment is executed, no refunds will be issued, except in cases mandatory under legislation.

11.3 Customs duties, taxes, shipping costs, and any fees collected by third parties are non-refundable under any circumstances.

11.4 Brendfoni reserves the right to investigate the matter and, if possible, provide a solution only in cases where a duplicate payment occurs for the same order due to a technical error or if a system fault is proven.

12. Rewards

12.1 During the use of the Services, you may earn credits, coupons, gifts, or other rewards (collectively, "Rewards"). Some rewards can only be used within the Services or for purchasing compatible products. Rewards cannot be converted into cash, except where required by law. You must carefully read and comply with the rules regarding the use of rewards.

13. Termination of Our Relationship

13.1 You may stop using the Services at any time. We, at our sole discretion, including in the event that you violate the Terms, may terminate or suspend your use of the Services and your Account. The suspension or termination of your account does not cease the application of the Terms to you, and you will be required to pay all outstanding amounts.

13.2 Upon account termination, all Content and Rewards in your account will be deleted or canceled. You should attempt to use your remaining rewards before termination.

13.3 Provisions arising from the nature of these Terms, particularly property rights, disclaimers of warranty, and limitations of liability, shall remain in force even after account termination.

14. Disclaimer of Warranties and Risks

14.1 To the maximum extent permitted by legislation, the Services and the products presented or purchased through them are provided on an "as is" and "as available" basis. No warranty of any kind is given regarding the quality, condition, functionality, accuracy, reliability, and suitability of the products. Verbal or written advice or information cannot be construed as a warranty. Our return and refund policy does not affect this section.

14.2 All risks of using the Services or products rest with you. Products and Content are provided solely at your own risk.

14.3 Brendfoni and its parties are not responsible for the behavior of third-party sites and services. You must manage risks created by third parties solely on your own accord.

14.4 Information you send or obtain through the Services may be used without authorization or damaged by third parties; this risk is solely yours. Brendfoni is not responsible for such damage or loss of data.

14.5 Your use of the Services or information obtained through them is solely your personal responsibility. You are uniquely liable for any damage or loss resulting from the use of this information.

15. Limitation of Liability

15.1 To the maximum extent permitted by applicable law, under no circumstances or legal theory (including, but not limited to, tort, contract, strict liability, or otherwise) shall the Brendfoni parties be liable to you or any other person for:

(A) any indirect, incidental, special, exemplary, or destructive damages, including loss of data, profit, income, or goodwill, damage to reputation, business interruption, accuracy of results, or computer errors or malfunctions arising from or related to the services; or

(B) your use of the services, including your inability to access or use the services, or to purchase or use products provided through them (even if we or any other persons turned out to have anticipated or been informed of the possibility of such damages).

The limitation of liability mentioned above does not apply to Brendfoni's liability regarding (i) death or physical injury occurring due to our gross negligence; or (ii) any injury occurring due to our fraud or fraudulent misrepresentation.

15.2 This disclaimer applies, to the maximum extent permitted by law and without limitation, to any damages or physical injury and any other material or immaterial loss caused by any performance error, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, or theft, destruction, unauthorized access to, alteration, loss, or use of any record or data.

15.3 You specifically acknowledge and agree that Brendfoni is not liable for any defamatory, offensive, or illegal conduct of any trading partner or service user.

16. Indemnification

16.1 To the highest extent permitted by applicable law, you agree to indemnify and hold harmless us, our parent companies, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors, and partners (each, a "Brendfoni Party" and collectively, "Brendfoni Parties") from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) or costs arising out of or related to any third-party claims concerning:

(a) your use of the services, user submissions, or any actions taken by a third party using your account;

(b) circumstances arising due to your violation of these Terms;

(c) violation of any rights of another party, including any copyright, property, or privacy right, or any third-party agreement, as a result of circumstances arising from your violation of these Terms; or

(d) any applicable law or regulation violated as a result of circumstances arising from your violation of these Terms.

In the event of such a claim, suit, or action ("Claim"), we will attempt to provide a notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).

16.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses.

16.3 You agree that the provisions mentioned in this section shall remain in force even after the suspension or termination of your account, the terms, and/or access to the services.

17. App Stores

17.1 Application License. Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Brendfoni mobile application ("Application") on a device you own or control, solely for your personal and non-commercial use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will only use it (a) on an Apple-branded device running iOS (Apple's proprietary operating system) and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. For any Application accessed through or downloaded from the Google Play store ("Google Play Sourced Application"), you may have additional license rights regarding application sharing in accordance with the respective Google or Apple terms.

17.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, for example, the Apple App Store or Google Play store (each an "App Store"). You acknowledge that the Terms are between you and us, and not with the App Store. We, and not the App Store, are solely responsible for the Services, including the Application, its content, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application and Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement imposed by the respective App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

17.3 Accessing and Downloading the Application from the App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

17.3.1 You acknowledge and agree that (i) the Terms are concluded between you and us only, and not Apple, and (ii) we, and not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

17.3.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

17.3.3 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; all other obligations will be solely our responsibility.

17.3.4 You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and/or use of that Application, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

17.3.5 You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that application infringes that third party's intellectual property rights, as between us and Apple, the investigation, defense, settlement, and discharge will be solely our responsibility, not Apple's.

17.3.6 You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms for the license of the App Store Sourced Application, and that, upon your acceptance of these rights, Apple will have the right to enforce the Terms against you as a third-party beneficiary thereof.

17.3.7 Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

18. General Terms

18.1 Assignment. You may not assign, delegate, or transfer these Terms or your rights and obligations hereunder to any person without our prior written consent; any attempted assignment, subcontract, delegation, or transfer shall be null and void. We, however, may transfer, assign, or delegate the Terms and its associated rights and obligations to any person without your consent.

18.2 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18.3 Exclusive Venue. If a dispute arising in connection with the Services is not subject to arbitration or does not fit small claims, it will be resolved exclusively by a court of competent jurisdiction located in Singapore. You agree to and waive any objections regarding the lack of personal jurisdiction and inconvenience regarding the venue and jurisdiction of the court.

18.4 Notice. You acknowledge that we may send you notices via the email address you provided to us, and you are responsible for keeping your email information constantly updated. You may send notices to us via the address: [email protected].

18.5 Export Control. You undertake to use the Services or products purchased from them in compliance with the export and re-export restrictions of the US and other relevant jurisdictions. You agree that you will not export the Services and products (a) to embargoed countries or (b) to individuals on the denied persons lists of the US Department of the Treasury and Commerce. You will also not use them for prohibited purposes.

18.6 Waiver. Our failure to respond immediately to a breach of rules by you or others does not limit our right to take action against similar breaches in the future.

18.7 Severability. If any provision is unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining Terms will remain in full force and effect.

18.8 Third-Party Beneficiaries. No third-party beneficiaries are intended under these Terms.

18.9 Entire Agreement. These Terms are the final, complete, and exclusive agreement of the parties regarding the subject matter and supersede and merge all prior discussions.

Contact and Support At Brendfoni, responding to our users' questions and needs quickly and efficiently is our priority. You can contact us regarding any questions, issues, or suggestions. Our contact details:

  • Email: [email protected]
  • Phone: +994 XX XXX XX XX
  • Social media: You can also reach us via our Instagram, Facebook, and Telegram channels.