Terms Of Use

Terms Of Use

 

 

 

 

 

 

 

 

 

 

This website (the “Site”) is operated by BSV Association (“we”, “us”, “our”). We are a non-profit association (Verein) formed in Switzerland. To contact us, please email contact@bsvassociation.org 

By using our Site, you confirm that you accept these Terms of Use (“Terms”) and you agree to comply with them. If you do not agree to these Terms, you must not use our Site. a 

1. Other terms that may appl 

These Terms of Use refer to the following additional terms, which also apply to your use of our Site:

  • Privacy Notice, which sets out how we process personal data we receive from you. If you do not wish your personal data to be processed in this way, you should not use this Site. 

  • Cookie Notice, which sets out information about the cookies on our Site. This is contained in section 4 of the Privacy Notice. 

In some instances, additional terms and conditions, such as a software or product license, may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to such service or product unless the Additional Terms expressly state otherwise.

2. Changes to these Terms and to our Site

We amend these Terms from time to time. If we make material changes to these Terms, we will provide you notice by adequate means, to provide you the opportunity to review the changes before they become effective. Your continued use of our Site after we publish or send a notice about our changes to these Terms will be deemed your acceptance of the updated terms. Please check these Terms to ensure you understand the provisions that apply.

We may also update and change our Site from time to time. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted and we may suspend or withdraw or restrict the availability of all or any part of our Site at any time. You are responsible for ensuring that all persons accessing our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

3. Notices and Messages

You agree that we may provide notices and messages relating to our announcements, updates, marketing news to you through our Site, applications, or via e-mail (opt-in). Should you wish to stop receiving such messages, you may click an unsubscribe-link included in each of our messages and you will no longer receive such messages from us (opt-out). We may, however, always send you messages on announcements that are linked to previous interactions you've had with us. Please make sure to always update your contact information. If your contact information is out of date, you may miss out on important notices from us.

4. Using material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and all such rights are reserved. You may print off one copy, and download extracts, of any page(s) for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify materials you have printed off or downloaded, and you must not use illustrations, photographs, video or audio sequences separately from accompanying text. Our status (and that of any identified contributors) as authors of content on our Site must always be acknowledged.

The “Resources – Media Assets” section of our Website provides various assets and resources that you may use, subject to any restrictions specified for each asset. Except for the Media Assets provided in the Resources section, you must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors via [email protected].

5. Obtain advice before relying on information on this Site

The content on our Site is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action on the basis of content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

6. Websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

You are responsible for deciding if you want to access or use third-party applications or sites that are made accessible via link from our Site. Third-party applications and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for third party websites or apps accessible via link – your use of them is at your own risk.

7. Loss or damage

We do not exclude or limit our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

  • We will not be liable to you for loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with use of, or inability to use, our Site or use of or reliance on any content displayed on our Site. In particular, but without limiting the foregoing, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.

8. Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under relevant laws and such breaches will be reported to the relevant law enforcement authorities. In the event of such a breach, your right to use our Site will cease immediately.

9. Linking to our Site

We grant you the revocable permission to link to the Site for commentary or information-sharing purposes; provided, however, that your website, or any third party websites that link to our Site: (a) cannot frame or create a browser or border environment around any of the content on our Site or otherwise mirror any part of our Site; (b) can not imply that we or the Site are endorsing or sponsoring it or its products, unless we have given our prior written consent; (c) cannot present false information about or disparage us, our products or services; (d) cannot use any of our trademarks without our prior written permission; (e) has to be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to this Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to prohibit linking to our Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

10. Termination

We reserve the right to terminate your access to and use of the Site, without notice and liability, including, without limitation, if we believe your conduct fails to conform with these Terms of Use. We also reserve the right to investigate suspected violations of these Terms of Use.

11. Governing Law and Enforcement

The Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by the substantive laws of Switzerland without reference to any conflict of law statutes. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded.

Any disputes arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the courts of the city of Zug.

If a court with authority over these Terms of Use finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use.

To the extent allowed by law, the English language version of these Terms of Use is binding and other translations are for convenience only. The Terms of Use (including any Additional Terms that may be provided by us in connection with a specific service or product offered via the Site) is the only agreement between us regarding the Site and supersedes all prior agreements related to the Site.