Please read these terms and conditions and other documents referred to in this agreement (such as our Privacy Policy and Cookie Policy) carefully since it affects your legal rights.
1. General
These General Terms and Conditions ("Terms and Conditions") applies to the use of this website including the METHANOLOGY AG's fossil-free energy products and services (the "Service"), any software applications or access to any content or material made available by METHANOLOGY AG. When visiting our website these Terms and Conditions, our Cookie Policy and our Privacy Policy applies to your use. If you do not want to be bound by the above-mentioned terms, please do not visit this website and do not use our Service.
The Service is provided by METHANOLOGY AG, Gewerbestrasse 8, CH-8212 Neuhausen am Rheinfall (Schaffhausen, Switzerland), following named as "MY".
By visiting this website and/or using the Service you acknowledge that you have read and understood and agree to be bound by these Terms and Conditions and therein referred to documents.
“MY” reserves the right, at its full discretion, to modify these Terms and Conditions at any time. Such modification enters into force when published on https://www.methanology.com or communicated to you in any other appropriate manner. Your continued use of the Service after such modification is valid as consent thereto. Do check the website regularly to verify whether these Terms and Conditions or another document referred to herein have been modified. If you do not accept to abide by these Terms and Conditions (or cannot comply with then) you may not use the Service, the website or access any content.
Any translation of these Terms and Conditions from German into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the German version be the prevailing one and the version valid as agreement and Terms and Conditions (Allgemeine Geschäftsbedingungen).
2. The Services and Limitation of Use
The Service is an energy technology service, by which “MY” makes available new technologies, products and services based on renewable “white” methanol, which is a non-drinkable alcohol but also a very powerful fossil-free energy liquid, which can substitute all the oil based products like gasoline, diesel, kerosene and much more.
You access the Service from “MY”’s online interface but also as physical products and services. The Service is available for entities and persons that have registered and created user accounts to the Service. In order to use the Service you will have to be no younger than 18 years old. You will also have to have the power to enter into a binding contract (i.e. be of mental capacity to enter into binding agreements, not personally bankrupt etc.) and not be barred from doing so under any applicable law. If you are under 18 years old, or unable to solely enter into a binding agreement with “MY” please contact us.
The assortment of content may be amended at all times by “MY”, with or without any notice to you. You accept that the content that is available might not be available at a later stage.
Content and information are provided for your convenience only and “MY” does not guarantee their accuracy. Whilst considerable effort has been made to ensure that the visual representations of information and products displayed on the website are representative of the colour, design, description, characteristics and style etc. of the original products and services, slight variations, distortions and/or differences may be apparent when compared to the original product and services. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, “MY” cannot be held liable for any apparent differences in the product images, drawings and description represented on the Service and the original products and services. While we also strive to display accurate and up to date information about third parties and cooperation partners, their products and their services, it may be possible that incorrect data exists on the Service. We therefore strongly advise you to contact one of the third parties official representatives to confirm any information you deem relevant prior to making a purchase.
You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests to “MY” or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
You agree to only download content in accordance with the restrictions applicable to your account.
3. How to Access the Services
In order to use the Service you must create a personal account and register as user by following the instructions that are further specified in the user registration form. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and “MY” reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.
You must notify “MY” immediately of any breach of security or unauthorized use of your “MY” account that you become aware of.
You agree that you will be solely responsible (to “MY”, and to others) for all activity that occurs under your “MY” account.
4. Trials, Payments
Some of our different Services requires payment. If you have received a promotion code or a reservation offer provided by “MY” or from a third party acting on behalf of “MY” for access the Service, separate additional terms and conditions for such offer may also apply to such access to the Service and you must agree to comply with such terms in order to be able to use the Service.
If you have been offered a promotion or reservation, “MY” reserves the right, in its sole discretion, to determine your eligibility for it a reservation or a promotion, and if you’re determined not to be eligible, modify the reservation or the promotion at any time with prior written notice. For all reservations we require you to provide payment details to register the reservation. After a period of 14 days since your reservation registration, "MY" will automatically start to charge for such provided Service.
5. Intellectual Property Rights
You may not use, transfer, display, perform or otherwise make the content available except as expressly permitted under these Terms and Conditions and under the applicable license agreement.
All content available through the Service and on the website, including designs, text, graphics, pictures, videos, information, applications, software, music and other files, are the proprietary property of “MY”.
Except for the rights expressly granted to you in separate license agreements and in these Terms and Conditions, no right to the Service or the content is assigned to you, and all right, title and interest in the Service and the content are reserved and retained by “MY”. “MY” do under no circumstances transfer any right, title or interest in the content to you, and you do not acquire any ownership rights to the Service or the content.
Please note that you may not use the content in connection with other material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the content.
Any communication or material that you transmit to “MY” via the website or through social media, by electronic mail or otherwise, including, but not limited to, any information, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by “MY”. You must confirm any such communication is legal and does not violate a third party's copyrights before uploading. You remain responsible for all your published content during and after the use on the website. “MY” will delete all known illegal or inadequate published content without any notice.
By sending communications to “MY” or uploading material & content to the Service you automatically grant “MY” a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by “MY” and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting and posting, or developing, manufacturing and marketing products using such information.
“MY” specializes in the research, development, implementation and delivery of new technologies and services supporting the fossil-free future, digital transformation processes and IT business solutions related to the CO2 neutral energy economy. To this end, it possesses its own sources of creativity, in particular highly skilled chemists, physicists, technicians, designers, IT engineers and professionals who conceive and perfect “MY”s business solutions and services. As a result, “MY” cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that “MY” may already be working on similar ideas and/or solutions. Consequently, you are advised that “MY” is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
6. Use of Computer Resources
You agree that “MY” has the right to allow the Service to make use of the storage hardware, processor and bandwidth of your Internet connection, computer, smartphone, game console, work station or similar media device; however, only as reasonably necessary to provide the Service.
If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, smartphone, game console, work station or similar media device. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify “MY” for any third party claims due to the extra charges from your ISP referable to you.
7. Third Party Applications
The Service and website is integrated with third party applications, websites and other services to make the Service and content available to you as a user. These third party applications may have their own terms and conditions of use etc., and your use of these third party applications will therefore be subject to the applicable terms and conditions for such third party provider. “MY” is not responsible or liable for behaviour, content or features of any third party application.
8. Advertisement
You may separately have accepted to be exposed to commercial messages, newsletters and advertisement sent by “MY” when using the Service. If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.
9. Privacy and Personal Data
“MY” process personal data about you and your use of the Service in accordance with “MY”s Privacy Policy and Cookie Policy applicable from time to time.
10. Services Level and Disclaimer
“MY” will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.
“MY” is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond “MY”s control.
“MY” will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. “MY” will try to arrange updates and maintenance outside of peak usage hours.
THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW METHANOLOGY MAKES NO WARRANTY, REPRESENTATION, EXPRESS OR IMPLIED, AND/OR DISCLAIMER AS REGARDS TO THE AVAILABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, CONTENT OR OTHER DATA PROVIDED AND THE QUALITY OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED IN THE SOFTWARE INDUSTRY. NEITHER METHANOLOGY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
METHANOLOGY (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.
“MY” reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and “MY” shall have no liability to you if “MY” exercises such rights.
11. Indemnity
Upon request by “MY”, you agree to indemnify, defend and hold "MY" harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms and Conditions.
Furthermore, "MY" reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with "MY" in asserting any available defenses.
12. Limitation
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE. WHILE METHANOLOGY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO METHANOLOGY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL METHANOLOGY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER METHANOLOGY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO METHANOLOGY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits “MY”s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
13. Termination
This agreement will continue to be in force until terminated by you or “MY”.
If you or “MY” terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to content will immediately terminate. “MY” may further, at its sole discretion, terminate your account and your access to the Service.
14. Assignment
“MY” is entitled to in whole or in part assign its rights and obligations under these Terms and Conditions to a third party. You may not assign these Terms and Conditions to any party.
15. Partial Invalidity
If any provision of these Terms and Conditions shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms and Conditions shall not be affected thereby. Each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.
16. Law and Dispute Resolution
Swiss law shall apply to these Terms and Conditions except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be determined by Swiss courts of general jurisdiction where the district court of Schaffhausen shall be the court of first instance.
17. Additional Information
If you would like to receive further information regarding the Terms and Conditions, you are more than welcome to contact us via the contact details provided below.
METHANOLOGY AG
Gewerbestrasse 8
CH-8212 Neuhausen am Rheinfall
(Schaffhausen, Switzerland)
last updated, August 2023
