Terms of use

These are the terms and conditions (“Terms”) for the Alterno platform (“Alterno”) provided to you (“you” or “User”) and other users or customers of Alterno (together “Users”). Alterno is incorporated under the laws of Cyprus, with its registered address at Cyprus, Limassol, 3106, Grammou 4, Olympia court, Flat/Office 2C, and its affiliates if any (collectively, “Alterno”, “we”, “us” or “our”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ALTERNO. BY ACCESSING, USING OR CLICKING ON “I AGREE” TO ACCEPT ANY SERVICES (AS DEFINED BELOW) PROVIDED BY ALTERNO, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AS WELL AS OUR PRIVACY POLICY. IN ADDITION, WHEN USING SOME FEATURES OF THE SERVICES, YOU MAY BE SUBJECT TO SPECIFIC ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THOSE FEATURES.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU MAY NOT USE ANY PORTION OF ALTERNO. AND FURTHER: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.  FOR FURTHER INFORMATION, SEE “DISPUTE RESOLUTION” BELOW.

BY CLICKING TO ACCEPT AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

DISCLAIMERS
Alterno is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. Alterno provides a peer-to-peer web3 service that helps Users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with. To use Alterno, you must use a third-party wallet which allows you to engage in transactions on blockchains.

Alterno is not a party to any direct agreement between the Users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Alterno and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Alterno, except for cases provided in clause 3 hereof.

Your access to and use of Alterno or any content is at your own risk. You understand and agree that Alterno is provided to you on an “AS IS” and “AS AVAILABLE” basis.
To the maximum extent permitted under applicable law, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (PROVIDED THAT, IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES, THIS DISCLAIMER SHALL BE DEEMED TO BE AS BROAD AS PERMITTED UNDER APPLICABLE LAW).
No minimum level of service is guaranteed. To the maximum extent permitted under applicable law, we make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of Alterno or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of Alterno or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by us; and (iv) whether Alterno will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  No advice or information, whether oral or written, obtained from us or through Alterno, will create any warranty or representation not expressly made herein.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside.

Under no circumstances should Alterno's activities be construed as the resale of any files, images, 3D models, or other digital assets. Alterno's activities include acquiring the object at the user's direction and rendering and tokenization services, for which Alterno charges its remuneration.

We reserve the right to update or modify the Terms at any time in our sole discretion, including without limitation, in order to comply with applicable law, and will post the effective date of any updates or modifications at the top of the Terms. Those additional terms and conditions, which will be available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between the Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

1.1. Legal Capacity. When purchasing non-fungible tokens (“NFT’s”) using the Alterno, you acknowledge and represent that you have the legal capacity to enter into contracts and use our services in your jurisdiction.

1.2. Registration Process. In order to purchase NFTs on our website, you need to:
1.2.1. Create an account with which the user gets access to the use of the Alterno functionality (“Account”). You specify only information about your MetaMask wallet when registering in Alterno. Additionally, you can specify your nickname (which has not to be used by a third party in Alterno) and email to which Alterno will send notifications.
1.2.2. Connect a compatible MetaMask wallet in order to make transactions in Alterno via crypto exchange (as intermediary), or, if it is allowed by Alterno, connect your e-wallet and/or a bank card to the Alterno.
1.2.3. Connect the meta universe account to the Alterno Account. Your account on the service can also be connected with your blockchain metaverse address in order to use the full functionality of Alterno, including the ability to transfer your purchased tokenized 3D-models files (NFT’s) in the metaverses, the transfer of files to which is included in the capabilities of the Alterno.

1.3. Payment Details. When you link your payment details to Alterno to buy NFTs, you may:
1.3.1. Purchase the NFTs directly from the applicable Base Marketplace (as defined in clause 2.1 hereof) and the information about the transaction shall be stored on the payment transaction system of the Alterno - in case the NFTs were originally files from the Base Marketplaces;
1.3.2. Purchase NFTs that were placed on Alterno by its users - in the case of NFTs placed by independent users for the purpose of sale in Alterno.
1.4. The Alterno does not store any user passwords with regard to the NFT transactions. You are responsible for protecting and maintaining the confidentiality of your login credentials and for restricting access to the Alterno. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your account credentials, you will need to contact your Wallet company as soon as possible.

2.1. Description of the Alterno. The Alterno is a compilation of sales offers from third party marketplaces, with which Alterno has a contractual relationship ("Base Marketplaces"), that are connected to the Alterno interface through the use of an application programming interface protocol (“API”). Information about the Base Marketplaces can be found in the specific sales offers and/or on the Alterno in the corresponding section of the website. The issues of the presence of information from third-party websites on the Alterno are regulated by clause 9 of the Terms. The Alterno is in no way involved in the pricing of sales offers on the Base Marketplaces and is not responsible for the bona fides of offers published by third parties on the Base Marketplaces.

2.2. NFT Price Ratio. NFTs on the Alterno shall be offered at a price, which will be indicated in the corresponding sale offers. The final cost of an NFT depends on the amount of rights transferred to the NFT, namely the price will vary depending on the number of times the User can use it for its intended purpose. It is up to you to read the Terms for each sale offered and comply with any corresponding requirements. It is also your responsibility to read the description of the NFTs, any related documentation, and/or attributes defined within the metadata of an NFT in order to understand what rights and interests are being sold along with the 3D files included in the NFT package.

In the case of NFTs placed by Clients for the purpose of sale in Alterno - such Clients set the price for their NFTs themselves. Alterno has no involvement in, control over, or responsibility for the pricing policies of Alterno user merchants. Client-buyer is solely responsible for the NFT purchased, including the price paid for it, and cannot make any claim against Alterno in this regard.

2.3. Payment Methods. For the purposes of transactions the following payment methods can be used (at the User's discretion):
2.3.1. MetaMask wallet (via crypto exchange as intermediary);
2.3.2. Bank transfer;
2.3.3. Paypal and other electronic money transfer;
2.3.4. Other payment methods directly available for use within the Alterno.

2.4. Fees. Alterno also charges a fee for the application of the software and hardware measures necessary to present Clients with a fully functioning NFT at a fixed price which formed as follows:
2.4.1. The cost of the 3D model, which is placed on the Base Marketplace and purchased by the Alterno at the direction and expense of the User, which will be sent to the corresponding Base Marketplace using the split-payment system;
2.4.2. The remuneration for rendering and tokenization which are carried out by the Alterno (unless otherwise expressly provided for by Alterno, is 50% of the cost of the 3D model);
2.4.3. The associated fees and charges (as defined in clause 2.6 hereof).

2.5. Client’s fees placing their NFTs for sale. A Client wishing to place his NFT on Alterno shall also pay the fees specified in clauses 2.4.2 and 2.4.3 above. Such Clients, when determining the price of their NFT, may or may not take these fees into account and include or not include them in the final price of the NFT - this is the full responsibility of the Client-Seller, Alterno is not responsible for any pricing policy of its Clients.

2.6. Associated fees and charges. All fees and charges associated with the NFT, including but not limited to applicable “gas” fees (a blockchain transaction fee, paid to network validators for their services to the blockchain), are automatically calculated and payable by the User according to the applicable metaverse.

3. REFUND POLICY

3.1. Refund Limitation. The Alterno will not issue refunds for any purchases made using its functionality including if the NFT was created through Alterno's technical tools and placed by User of Alterno for sale, except for the cases specified in clause 3.2 hereof. Generally, refunds are possible only in the case of transferring a technically defective NFT file to the User.

If the User decides that he do not want an NFT following its purchase, and such NFT has no software and technical defects, and its functionality is not limited to technical methods and actions of the Alterno or the Base Marketplace, the User’s can only resell such NFT on any applicable platform if such option is provided by the User’s applicable law.

3.2. Refund & Replacement Procedure. The procedure for refund the NFT purchase in course of a technical malfunction is following:
3.2.1. The User, through the capabilities of the Alterno website, sends an application for (i) replacement of the incorrect NFT with properly functioning one, or (ii) its return with payment of the fees paid for the NFT except the associated fees and charges specified in clause 2.6 hereof;
3.2.2. The Alterno within ten (10) business days after the application receipt will perform verification for the purpose of the technical defect identification. Report with the results of the check will be sent to the User via email, connected to his/her Alterno-account, as well as will be displayed in the Account.
3.3.3. According to the results of the check the following options of interaction with the User are possible:
if the technical malfunction that results in inability to use the file for its intended purpose arises at the stage of technical transformation of the file format using the Alterno technological solutions, including if the NFT was created through Alterno's technical tools and placed in Alterno for sale - the Alterno shall take all reasonable measures to replace the technically defective file with the effectively functioning one within seven (7) business days. In case it is impossible to perform such restoration measures - the Alterno will return all the fees to the User who is owner of the technically defective file;
if the technical defect that results in inability to use the file for its intended purpose arises when the file is posted on a third-party platform that interacts with Alterno via API-protocol - if the user (i) does not wish or (ii) it is impossible to replace the file, the Alterno will refund the fees (except the associated fees and charges specified in clause 2.6 hereof) spent on the purchase of the NFT within seven (7) business days, or if a longer period is provided by the Base Marketplace on which the 3D file was purchased - in this case the deadline shall be shifted by the corresponding period of the funds receipt from such Base Marketplace.

3.3. Calculation of the refund amount in case of NFT payment with MetaMask. If the User has paid for the NFT on Alterno with MetaMask, the amount of refund under the terms mentioned in clause 3.3.3 above is based on the price of the type of cryptocurrency used for exchange within the applicable crypto exchange on the date of payment on the exchange, through the functionality of which the payment transaction for the NFT was made.

4.1. Limitations when using Alterno. Your use of Alterno, and your use or other exploitation of any NFTs, including any projects offered in Beta format, shall not include any activity that:
4.1.1. constitutes an illegal or tortious act;
4.1.2. harms other persons, including without limitation minors, or infringes their rights, including their right to privacy;
4.1.3. involves content that is fraudulent, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, pornographic, obscene, unlawfully threatening, or unlawfully harassing to any individual or entity;
4.1.4. includes political activism or the dissemination of propaganda;
4.1.5. involves active commercial prospecting;
4.1.6. violates any intellectual property rights or any other proprietary rights of any third party (including ours);
4.1.7. accesses, uses, copies or otherwise exploits any portion of Alterno or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
4.1.8. uploads any content containing any virus, malware, ransomware or any other program that could damage data, software, or computer hardware;
4.1.9. transmits, stores, or uploads hyperlinks or content to which you are not entitled, such as where hyperlinks or contents are in breach of confidentiality;
4.1.10. distributes advertising or unsolicited spam or incorrect warnings of viruses, defects, or similar material;
4.1.11. directly or indirectly violate/may violate the rights of third parties, Alterno's stated public interest, public morals and public policy of the state of which you are a resident.

5.1. Please see our Privacy Policy that describes how we use and disclose the information we collect, as well as our Cookie Policy that is incorporated in the Privacy Policy and describes how we process information in connection with cookies.

6.1. The Alterno is geared toward a general audience and is only available to individuals 18 years old and over in the Republic of Cyprus, or over the applicable legal minimum age in other countries upon which individuals may enter into legally binding contracts.  By signing up to Alterno, you confirm that you are over the legal minimum age in your country of residence to enter into legally binding contracts.
Please see our Privacy Policy for additional information on the processing of personal data relating to minors.

7.1. If you use or rely on content received through the Alterno, you do so solely at your own risk. Furthermore, by using the Alterno, you may be exposed to content that you find offensive, deceptive, mislabeled, or otherwise inappropriate. The content which may be available through the Alterno is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We do not represent the completeness, timeliness, truthfulness, accuracy, or reliability of any content which may be available through the Alterno, nor do we endorse opinions expressed in such content.

8.1. Content. The Alterno, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of the Alterno (or its licensors) and is protected by copyright, trademark and other intellectual property laws. Any unauthorized use or other exploitation of the Alterno is strictly prohibited and may violate copyright, trademark, and other laws. You may not copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Alterno or any part of the Alterno without the prior written consent of the Alterno. For example, you may not copy, reproduce, publish, upload to another website, or otherwise distribute any of the images, videos, or audio files that are provided through the Alterno.

8.2. User Feedback. You may choose to submit comments, bug reports, ideas or other feedback about Alterno (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use and otherwise exploit such Feedback at our discretion, without providing refund/compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, royalty-free, nonexclusive, worldwide, transferable and sublicensable license under all rights necessary for us to use and otherwise exploit your Feedback for any purpose.

8.3. Reservation of Rights. Except as expressly set forth herein, your use of the Alterno does not grant you ownership of or any other rights with respect to any content, code, data, video or other media, or any other intellectual property rights, whether or not associated with a particular NFTs. The owners of the corresponding 3D-models/NFT (or the Base Marketplaces) reserve all rights that are not expressly granted to you by the Terms (taking into account the amount of rights chosen by the User according to clause 2.2 hereof).

8.4. Licensing Rights. The Users may request a license to use the components of the NFT from the corresponding owner directly or through the Support Service of the Alterno. In the event the corresponding owner wants to grant such rights, it will be pursuant to a separately negotiated, written agreement that (for now) is maintained exclusively off chain. If in the future, the ability to license rights is available on chain as a separate, exercisable function of the NFT, we will post that information on the website.

8.5. Copyright Infringement. In the event that you have any information or concerns that content appearing on Alterno is in violation of copyright, please contact us at support@alterno.co.  To the extent possible, Alterno will attempt to convey your concerns to the potentially infringing party. Alterno may, at its sole discretion, (i) block any content upload by users; (ii) suspend a user’s account; and/or (iii) request documents evidencing the right of the contributor to use the intellectual property contained within the allegedly infringing material.

9.1. Alterno may contain links to external, third party websites, applications and features for your convenience, which will be governed by the privacy practices of such applicable third parties. We have no liability for any content, information or other material provided by such external, third party websites, applications and features.

10.1. To the maximum extent permitted by applicable law, you agree to release, indemnify, defend, and hold harmless the Alterno and each of its affiliates, and its and their shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns, from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, costs, judgments, settlements, fines, penalties, expenses, or fees (including, without limitation, reasonable attorneys’ fees and costs) that arise out of or in connection with (i) any violation of these Terms, including without limitation, your access to or use of the Alterno in violation of the Terms, (ii) your misuse of any material, data, or other information obtained through the Alterno, (iii) any allegation that you have infringed or otherwise violated the intellectual property or other proprietary rights of any third party in connection with your use of the Alterno, or (iv) any violation by you of applicable law. Alterno reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with Alterno in the defense of such claim. If you are a resident of a jurisdiction outside the Republic of Cyprus, you agree to the foregoing and waive any comparable statute or doctrine to the fullest extent permitted by law in that jurisdiction. This indemnity and release obligation survives the termination or expiration of the Terms.

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ALTERNO OR ANY DIGITAL SOUVENIR (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE ALTERNO, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (iii) ANY CONTENT OBTAINED FROM THE ALTERNO. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED EURO (100 EUR) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHERWISE LIMIT THE APPLICABILITY OF SOME OF THE LANGUAGE ABOVE.  ACCORDINGLY, IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND THE LIABILITY OF THE ALTERNO SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

12.1. We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the Republic of Cyprus and any other applicable governmental authority (“Export Control and Sanctions Laws”); including, without limitation, a national or resident of any country subject to (a) Cyprus and/or EU sanctions or similar restrictions; and (b) anyone on other Cyprus and/or EU sanctions lists. Due to the dynamic nature of regulatory requirements and interpretations of the cryptocurrency market, we reserve the right to update the list of prohibited jurisdictions and reject applications to open Accounts that we determine we would be unable to accept for regulatory or policy reasons in our sole and absolute discretion. You will not be permitted to receive a NFT from us if we learn that such action would be in breach of Export Control and Sanctions Laws.

13.1. Termination by the User. You may terminate these terms at any time and for any reason by discontinuing your use of the Alterno and/or by notifying us by e-mail at the following address: support@alterno.co.

13.2. Termination by the Alterno. We may terminate or suspend your ability to access the Alterno for any reason without prior notice to you, including but not limited to if we suspect that you are using the website in an unauthorized manner or that you are in violation of the Terms. However, where and to the extent required by applicable law, we will provide you with a reasonable prior notice of such termination or suspension.
In the event of termination, you may no longer have access to information on the Alterno, and you shall immediately cease and desist all activities and rights granted to you under the Terms. Termination shall be without prejudice to your accrued rights and/or liabilities. Any provisions in the Terms which, by their nature, would be intended to survive termination or expiration of the Terms, shall survive the termination or expiration of the Terms, including without limitation, those provisions which expressly survive such termination or expiration.

14.1. Pre-Court Dispute Resolution. We are always interested in resolving Disputes amicably and efficiently, and most User concerns can be resolved quickly and to the User’s satisfaction by contacting customer support at support@alterno.co. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to us should be sent to The Alterno - the Republoc of Cyprus, Limassol, 3106, Grammou 4, Olympia Court, Flat/Office 2C (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we and you do not resolve the Dispute within sixty (60) calendar days after the Notice is received by us, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

14.2. Dispute resolution process. Any dispute, controversy or claim that may arise out of this contract or in connection therewith, including those associated with the change, termination, execution, invalidity or interpretation thereof, shall be referred to the authorized state court at the location of the Alterno (Limassol, Cyprus) for consideration in accordance with the procedural legislation.

14.3. Future Change. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future change to this Dispute Resolution Section (other than a change to the Notice Address) while you are a User of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

15.1. Entire Agreement. The Terms, together with the Privacy Policy and any additional terms to which you agree when using the Alterno, constitute the entire and exclusive and final statement of the agreement between you and the Alterno with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and the Alterno with respect to such subject matter.

15.2. Governing Law. The Terms and the relationship between you and the Alterno shall be governed by the laws of the Republic of Cyprus. All lawsuits arising from or relating to the Terms or your use of the Alterno shall be brought in the authorized state court at the location of the Alterno (Limassol, Cyprus), and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Nothing in the Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract.

15.3. Agenting. You agree that, with respect to you, the Alterno for the purpose of fulfilment of the Terms can act as an agent for the purposes of interaction and transactions with the Base Marketplace. This means that the Platform may perform legal and other actions on the instruction of you on behalf and at the expense of you.

15.4. Other Provisions. The failure of the Alterno to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Alterno and you as reflected in the provision, and that the other provisions of these remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
The Terms will be interpreted without application of any strict construction in favor of or against you or Alterno.
The Terms shall remain in full force and effect notwithstanding any termination of your use of Alterno. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
The Terms, and any rights and licenses granted hereunder, may be assigned by the Alterno without restriction. You hereby consent in advance to such assignment, which will become effective upon written notice to you, and accept that Alterno will not be liable for the performance of these Terms following such assignment.