Valid from: 10.09.2024

1. This Website www.olyboost.eu (“Website”) is operated by Kungla Investeeringu Osaühing, registry code 10103126, registered at Pronksi 19, 10124 Tallinn, Estonia (the “Company” or “we”).

2. By visiting this Website you hereby accept these Terms and Conditions and you warrant that you have read and understood the information contained in the Privacy Notice and the Cookie Policy regarding the use of personal data while visiting this Website, and you are over 18 years of age. If you do not accept the Terms and Conditions or you are under 18 years of age, please leave this Website.

The following activities are strictly prohibited:
• Using the Website in any manner that could damage, disable, overburden, or impair the Website.
• Attempting to gain unauthorized access to any part of the Website or any systems or networks connected to the Website.
• Using the Website for any unlawful purposes.

3. Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Website are protected under applicable Estonian, European Union. and international copyright, trademark and intellectual property laws. “OlyBOOST” and our logos and other marks are either trademarks or registered trademarks of the Company or its affiliated group companies (“Trademarks“). We exclusively own or have use rights to all right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto (“Intellectual Property“). The posting of information or materials on the Website by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair the Company’s ownership of the Website and the content therein or the validity or enforceability of the Company’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website at any time without notice. Nothing contained in these Terms and Conditions shall be construed by implication or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of the Company or any third party. Subject to the terms and conditions of these Terms and Conditions, The Company grants you a limited, royalty-free, non-exclusive, revocable, terminable, personal license to use the Intellectual Property solely for your own personal, non-commercial use. None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of the Company, which permission may be withheld in our sole and absolute discretion.

4. Purpose and Product. The Company distributes and sells the OlyBOOST Energy Drink (the “Product”). This Website’s purpose is to provide information about the Product and to market the Product. The content displayed on the Website about the Product is for informational purposes only and the Content is not intended for sale to minors.

5. Accuracy of Information. While we use reasonable efforts to include accurate and up to date information on the Website, to the maximum extent permitted by law, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Website.

6. No warranty. The Company warrants that the Product conforms with all norms and regulations with regards to food safety and applicable regulations to energy drinks but shall have no liability to any person purchasing or otherwise acquiring the Product for its merchantability, fitness for particular purpose or any other implied warranties.

7. Limitation of Liability. To the fullest extent permitted by applicable law, the Company shall not be responsible for any direct or indirect damages, whether foreseeable or not, that are in any way related to these Terms and Conditions, any viruses affecting this Website, the use or inability to use this Website, the results generated from the use of this Website, loss of goodwill or profits, lost business, however characterized, and/or from any other cause whatsoever, even if advised in advance of the possibility of such damages or losses. Notwithstanding anything to the contrary contained herein, to the fullest extent permitted by applicable law, the Company’s aggregate liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount you paid, if any, to the Company in the six (6) months prior to the events giving rise to your claim.

8. Indemnity. Except to the extent prohibited under applicable law, you will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Website; (ii) your breach or alleged breach of these Terms and Conditions and/or any breach or alleged breach of your representations and warranties set forth in these Terms and Conditions (iii) your participation in any offline OlyBOOST-branded event.

9. Applicable law and jurisdiction. These Terms and Conditions are governed by the laws of the Republic of Estonia without giving effect to any principles of conflicts of law. Any legal actions related to these Terms and Conditions shall be brought before the consumer protection authority first. In case of any legal disputes that cannot be solved, the dispute must be brought to the Harju County Court in Tallinn, Estonia and shall be conducted under the laws of civil procedure in effect in the Republic of Estonia.

10. Final Provisions. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor the right to enforce such provision. These Terms and Conditions does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms and Conditions shall be construed as if followed by the phrase “without limitation.” These Terms and Conditions, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. mail. We will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.