General Terms of Use

  1. Scope
    1. Every time a user ("you" or "user") accesses the website www.agile1.ch (the "Website"), he or she agrees to the present terms of use in the version valid at the moment of access, towards ACT 1 Group – Agile1 Switzerland GmbH, c/o Premium Business Center 4-Towers GmbH, Turmstrasse 18, 6300 Zug, Switzerland ("AGILE1").
    2. The Data Privacy Policy established by AGILE1 is an integral part of these terms of use.
    3. If, at any time, any provision hereof is or becomes partially or fully invalid or unenforceable, the remaining provisions or parts thereof shall not in any way be affected or impaired thereby. The invalid or unenforceable provision shall be replaced by corresponding statutory provisions.
    4. In case of any conflicts or discrepancy between this English original version of the terms of use and any corresponding translation, the English version shall prevail.

     

  2. Intellectual Property
    1. All intellectual property rights, including copyright, in the contents of the Website shall vest in AGILE1 or the respective owners of such rights.
    2. The contents of the Website may exclusively be printed or copied by other means for your personal and private use. You must not copy, use automated systems or software to extract data from the Website (‘screen scraping’), send, transmit, expose, present, publish, license, use as a frame in another website, transfer, modify or create derivative products from contents of this Website, nor use such contents in any other way for commercial or public purposes, subject to any statutory usage permissions to the contrary.
    3. AGILE1 and ACT1 are protected company and trade names. AGILE1 reserves all its respective rights.

     

  3. Interactive Features
    1. Within the limits of the designated use of the Website, AGILE1 may put interactive features (e.g. rating and commenting features) at your disposal.
    2. You may use the interactive platforms as long as the contents uploaded by you are neither illegal, obscene, libellous, menacing, defamatory, personally injurious, violating principles of fair competition, nor infringing upon the rights of third parties. AGILE1 has the right, but not the obligation, to delete or process illegal content.
    3. By uploading contents onto the interactive platforms, you hereby grant AGILE1 an irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable right to save, process, translate and delete such content, as well as to reproduce it on the Website within the limits of the functionalities designed for the respective interactive platforms.
    4. You acknowledge and agree that the content you have uploaded on certain interactive platforms may no longer be available should you decide to leave the Website or cease to use the function for a certain period of time.

     

  4. Liability of AGILE1
    1. AGILE1 endeavours to ensure that all contents provided on the Website is up to date and correct, but disclaims any and all express or implied representations or warranties as to its up-to-dateness, accuracy or completeness.
    2. AGILE1 disclaims any and all liability for damages sustained in conjunction with the access to the Website or the use of its contents. This limitation of liability does not apply in case of damages caused by wilful misconduct or gross negligence, personal injury or in case mandatory statutory provisions provide otherwise.
    3. The Website features hyperlinks to other sites of the Internet. Information available on such sites is beyond the control of AGILE1 and will neither be verified nor monitored by AGILE1. AGILE1 disclaims any and all responsibility and liability with respect to the contents of third party sites.
    4. AGILE1 is not liable for damages caused in connection with
      1. failures of the internet or communication facilities,
      2. interruptions due to Website outage, repairs, updates, maintenance, or any other reason,
      3. errors in data transmission outside AGILE1' sphere of influence, or
      4. unauthorised access by third parties to user data or viruses and other malicious code transmitted or disseminated through the Website, provided and to the extent that the security measures established by AGILE1 are commensurate to the circumstances.

     

  5. Governing Law and Place of Jurisdiction
    1. The present terms of use are subject to Swiss substantive law. Any disputes arising out of or in relation to the present terms of use shall be submitted to the exclusive jurisdiction of the courts of Zurich, Switzerland. AGILE1 reserves its right to institute proceedings against you at your place of habitual residence or domicile.
    2. The preceding choice of law and venue shall not apply if and to the extent that under the applicable laws you (i) are a consumer within the meaning of Swiss law or any other legislation and (ii) are entitled to invoke the application of another law and/or the jurisdiction of another court.

     

 

Version: 07/2016