Privacy Policy
Updated: MARCH 2022
By visiting Fusion-Retreat.com (“Site”), you consent to the following Privacy Policy.
Overview
FUSION LMTD (“Company,” “we,” “us,” or “our”) is committed to protecting your privacy online. This Privacy Policy applies to any services, material, content, or resources made available through the Site (collectively, the “Services”).
This Privacy Policy describes the personal data that we collect through the Site, and how we collect and use that data. The term “personal data” means data that you voluntarily provide to us that personally identifies you or pieces of data that collectively can lead to the identification of a particular person including, but not limited to, first and last name, phone number, email address, mailing address, location data, or online identifiers, including an Internet protocol (“IP”) address or cookies. FUSION RETREAT processes personal data as a “data controller” as that term is defined in the General Data Protection Regulation 2016/679 (“GDPR”).
Use of FUSIONRETREAT.com, including all materials presented herein and all online Services provided by FUSION LMTD, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the Site. By using the Site or Services, you agree to this Privacy Policy, without modification, and acknowledge reading it.
About Us
FUSION RETREAT. (henceforth, “Owner”) is a provider of retreat experiences involving the use of psychotropic substances, including psilocybin containing truffles, provided by legal smart-shops in the Netherlands. We care about protecting the personal information of our customers and visitors who use our website, products or services (collectively, our “Users”).
If you have any questions about this privacy policy or the practices described herein, you may contact FUSION RETREAT Contact us page or FUSION RETREAT HOLDINGS LMTD. Carrer Serra Grosa 4 Bw14 Sant Joan D’Alacant, Alicante 03550, Spain
DATA PROTECTION OFFICER
FUSION RETREAT has appointed a data protection officer that you may contact with any questions or concerns about our personal data practices or policies. The data protection officer’s name and contact information are:
Anna Spirit
FUSION RETREAT LMTD
Carrer Serra Grosa 4 Bw14 Sant Joan D’Alacant,
Alicante 03550, Spain
Fusion1000@protonmail.com
Information Covered By This Privacy Policy
Our Privacy Policy was posted in February 2022 and last updated on March 2022. It governs the privacy terms of our website, located at FUSION Terms and the tools we provide you (the “Website” or the “Services”). Any capitalized terms not defined in our Privacy Policy, have the meaning as specified in our Terms of Service accessible at FUSION Terms and Conditions. This privacy policy covers personal information, including any information we collect, use and share from you, as described further below. When you purchase a Service from us, your personal information will be collected, used, and shared consistent with the provisions of this privacy policy.
Your Privacy
Our Website follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.
Definitions:
PERSONAL DATA:
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA:
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Website) and the details about the path followed within the Website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
COOKIES:
Cookies are small pieces of data stored on a User’s device.
DATA CONTROLLER:
Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS):
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT:
Data Subject is any living individual who is the subject of Personal Data.
USER:
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
THIS WEBSITE:
The means by which the Personal Data of the User is collected and processed.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to the user.
TYPES OF DATA COLLECTED:
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address, Name, Address, State, Province, ZIP/Postal code, City, Cookies and Usage Data.
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Usage Data
We may also collect information about how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (i.e. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity and to improve the quality of our Service and hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings).
Social Media
We collect information from third party social networking sites, including information that social networking sites provide to us if you use your credentials at such social networking sites to opt in for some of our Services (such as your name and email address to pre-populate our sign-up form). The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site. We are not responsible for the privacy policies or practices of third party social networking sites.
MODE AND PLACE OF PROCESSING THE DATA:
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: In some jurisdictions, the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
- Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
- Processing is necessary for compliance with a legal obligation to which the Owner is subject;
- Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
- Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by sending an inquiry to the Owner using the information provided in the contact section.
Use of Data:
The Data concerning the User may be used for one or more of the following purposes:
- To provide and maintain our Services
- To notify you about changes to our Services
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Services
- To monitor the usage of our Services
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this Privacy Policy.
Retention of Data
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation, upon order of a competent authority, or as otherwise required by law.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Disclosure Of Data
Business Transaction. If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Security Of Data
The security of your data is important to us, however it is important to keep in mind that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), The Owner’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
The Owner may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it’s not overridden by your rights
- For payment processing purposes
- To comply with the law
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please send an email to privacy@synthesisretreat.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request and, in such instances, we will let you know if that is the case.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or to delete the information we have on you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where the Owner relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
PLATFORM SERVICES AND HOSTING
These services have the purpose of hosting and running key components of this website, therefore allowing the provision of this website from within a unified platform. Such platforms provide a wide range of tools to the Owner – e.g. analytics, user registration, commenting, database management, e-commerce, payment processing – that imply the collection and handling of Personal Data. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
ADVERTISING
We may use Google to remarket to Website Visitors. For example, if you previously visited our website and expressed interest in a product, we may serve you advertisements containing a discount when you visit Google or other websites in the Google Audience Network.
- Note that third-party vendors, including Google, may show our ads on their websites based on information gathered during your visit.
- Note that third-party vendors, including Google, use cookies to serve ads based on Website Visitors past visits to us.
- You may opt out of Google’s use of cookies by visiting Google’s Ads Settings. Alternatively, you can visit the Network Advertising Initiative opt-out page, or read this guide to anti-tracking browser extensions.
We use Facebook Custom Audiences to deliver advertisements to Website Visitors on Facebook based on email addresses that you have shared with us, providing you have granted us permission to do so. You may learn more about Facebook Custom Audiences by visiting the Facebook help center.
We also may use information associated with Visitor social media accounts, such as demographic and other information about an individual’s title, industry or organization, to improve our marketing efforts.
We may use the information we have collected from you to enable us to display advertisements. As an example, we may purchase advertisements which are presented selectively to users who have expressed an interest in participating on live workshops.
USER DATABASE MANAGEMENT
This type of service allows the Owner to build user profiles by starting from an email address, a personal name, or other information that the User provides to this website, as well as to track User activities through analytics features. This Personal Data may also be matched with publicly available information about the User (such as social networking profiles) and used to build private profiles that the Owner can display and use for improving this website.
Some of these services may also enable the sending of timed messages to the User, such as emails based on specific actions performed on this website.
USER DATABASE MANAGEMENT
Zoom (Zoom Inc.)
Zoom is a provider of secure, video-first unified communications.
Place of processing: US –Privacy Policy.
ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this website, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: US –Privacy Policy – Opt Out.
PAYMENTS
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Retreat Booking Guru™ (Retreat Guru Enterprises Inc.)
RetreatGuru facilitates retreat bookings, communication and offers payment processing services which we use for our regular retreat bookings.
Place of processing: US – Terms of Service and Privacy Policy.
Stripe
Stripe offers payment processing services, which we use for payments.
Place of processing: US – Privacy Policy.
TRAFFIC OPTIMIZATION AND DISTRIBUTION
This type of service allows this website to distribute their content using servers located across different countries and to optimize their performance.
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between this website and the User’s browser.
Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information User are transferred.
DISPLAYING CONTENT FROM EXTERNAL PLATFORMS
This type of service allows you to view content hosted on external platforms directly from the pages of this website and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Google Fonts (Google Inc.)
Google Fonts is a typeface visualization service provided by Google Inc. that allows this website to incorporate content of this kind on its pages.
Personal Data collected: Usage Data and various types of Data as specified in the privacy policy of the service.
Place of processing: US – Privacy Policy. Privacy Shield participant.
YouTube video widget (Google Inc.)
YouTube is a video content visualization service provided by Google Inc. that allows this website to incorporate content of this kind on its pages.
Personal Data collected: Cookies and Usage Data.
Place of processing: US – Privacy Policy.
Additional Information About Data Collection And Processing
LEGAL ACTION
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
ADDITIONAL INFORMATION ABOUT USER’S PERSONAL DATA
In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.
SYSTEM LOGS AND MAINTENANCE
For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.
INFORMATION NOT CONTAINED IN THIS POLICY
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
HOW “DO NOT TRACK” REQUESTS ARE HANDLED
This Website does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
LINKS TO OTHER SITES
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
CHILDREN’S PRIVACY
Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us by using the contact information we provided on our CONTACT US page.
Overview
Use of FUSION.com, including all materials presented herein and all online services provided by FUSION LMTD Holdings, its Subsidiaries (“Company,” “we,” “us”, “our”) is subject to the following Terms and Conditions. These Terms and Conditions apply to any services, material, content, or resources made available through the Site (collectively, the “Services”). These Terms and Conditions apply to all site visitors, customers, and all other users of the Site. By using the Site or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Services
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Services related to retreat experiences involving the use of psychotropic substances, including Psilocybe truffles provided by legal smartshops in the Netherlands, Portugal and other lands with permission from local authorities along with other related legality information is subject to change. FUSION LMTD Holdings makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. FUSION LMTD Holdings disclaims all liability for any inaccuracy, error, or incompleteness in the Content and reserves the right to correct errors in descriptions and pricing from time-to-time.
Application
In order to use the Services, you may be required to complete an application and to provide information about yourself including your first and last name, email address, mailing address, and other personal information. You agree that any information that you provide to FUSION LMTD Holdings will always be accurate, correct, and current. You agree to not impersonate someone else or to provide any information or an email address that is not your own.
Refusal of Service
The Services are offered subject to our acceptance of your application and payment. We reserve the right to refuse to service any person or entity, without the obligation to provide an explanation. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to fulfilling our previous responsibilities to you based on acceptance of your payment.
Lawful Purposes
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to refrain from posting or transmitting through the Site any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Material You Submit to the Site
You must not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively, “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. With respect to any and all Materials submitted by you to the Site, you expressly represent and warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or the rights of any third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you provide to FUSION LMTD Holdings. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Services. Content you submit to FUSION LMTD Holdings remains yours to the extent that you have any legal claims therein. You agree to hold FUSION LMTD Holdings harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant to us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Services contain intellectual property owned by FUSION LMTD Holdings, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Services Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you violate this intellectual property policy.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by the posting of the new Terms and Conditions on this Site. Any use of the Site or Services after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions, at any time. We will post the most recent version to the Site and list the effective date on this page.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, FUSION LMTD Holdings IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF FUSION LMTD Holdings HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FUSION LMTD Holdings AND IT’S OWNERS’s CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM FUSION LMTD Holdings, AND IF NO PURCHASE HAS BEEN MADE BY YOU FUSION LMTD Holdings AND IT’S OWNERS’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED €100.
Third-Party Resources
The Site and the Services may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with FUSION LMTD Holdings. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide to us such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing to us such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Effect of Headings
The headings of the paragraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
These Terms and Conditions constitute the entire agreement between you andFUSION LMTD Holdings pertaining to your use of the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by FUSION LMTD Holdings shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by FUSION LMTD Holdings OR IT’S OWNERS.
Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
FUSION LMTD Holdings
Carrer Serra Grosa 4 BW14
Sant Joan D’Alacant
Alicante, SPAIN
Governing Law
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of SPAIN as applied to contracts that are executed and performed entirely in the SPAIN. The exclusive venue for any proceeding based on or arising out of these Terms and Conditions shall be in the city of Alicante, Spain.
Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
You may not assign, delegate, sublicense, or otherwise transfer your rights and obligations under these Terms and Conditions. Any transfer, assignment, delegation, or sublicense by you is invalid.
Affiliate Policy
Some of the links on this Site may be affiliate links. This means that FUSION LMTD Holdings may receive a small commission if you click on the link and make a purchase from the affiliate. We only recommend products or services that we use and genuinely find to be helpful. We always share our honest thoughts and opinions about products or services, whether or not an affiliate relationship is in place.
Disclaimer
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Updated March 2022
