General terms of use
Last updated: 13 June 2020
These Terms of Use constitute a legally binding agreement made between you, personally or on behalf of an entity (“you”), and Evobyte SAGL (“Company”, “we”, “us”, “our”), concerning your access to and use of the website https://evobyte.ch as well as any related media form, site or mobile application (collectively, the “Site”). By accessing the Site, you confirm that you have read, understood and agreed to be bound by all these Terms of Use.
If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site and must discontinue use immediately.
We reserve the right to make changes to these Terms of Use at any time. We will alert you by updating the “Last updated” date. It is your responsibility to review them periodically. The Site is intended for users who are at least 18 years old.
Agreement to terms
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Intellectual property rights
Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, design, audio, video, text, photographs and graphics (the “Content”), as well as the trademarks and logos (the “Marks”), are owned by or licensed to us and protected by copyright and trademark laws.
No part of the Site nor any Content or Mark may be copied, reproduced, republished, uploaded, translated, distributed, sold or otherwise exploited for commercial purposes without our express written permission. You are granted a limited licence to access and make personal, non-commercial use of the Site.
User representations
By using the Site you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorised purpose; and (5) your use of the Site will not violate any applicable law or regulation.
Prohibited activities
You may not access or use the Site for any purpose other than that for which we make it available, nor in connection with any commercial activities not approved by us.
In particular you agree not to: systematically retrieve data to create collections or databases without permission; deceive or defraud us or other users; circumvent or interfere with security features; use Site information to harass or harm others; misuse support services; upload or transmit viruses or harmful material; use automated tools, robots or data-mining tools; remove copyright notices; interfere with the operation of the Site or connected networks; copy or adapt the Site's software; decode or disassemble the software; or use the Site to compete with us.
User-generated contributions
The Site does not currently offer the ability to submit or post content. Should such an ability be provided, any contribution must be truthful, not infringe third-party rights, not be unsolicited advertising, obscene, defamatory or illegal material, and not violate the privacy or rights of others.
Third-party websites and content
The Site may contain links to other websites and third-party content, which are not investigated, monitored or verified by us. We are not responsible for third-party sites or content. If you decide to access third-party sites, you do so at your own risk: these Terms no longer apply and you should review the applicable terms and policies.
Site management
We reserve the right, but not the obligation, to: monitor the Site for violations; take legal action against anyone who breaches the law or these Terms; restrict access or disable contributions; remove content that is burdensome to our systems; and otherwise manage the Site to protect our rights and facilitate its proper operation.
Privacy policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Term and termination
These Terms remain in full force while you use the Site. We reserve the right, in our sole discretion and without notice, to deny access to and use of the Site to any person for any reason, and to terminate use or delete content at any time.
Modifications and interruptions
We reserve the right to change or remove the Site's content at any time and without notice. We do not guarantee that the Site will always be available: we may experience technical issues or carry out maintenance. We are not liable for any loss or inconvenience caused by the inability to access the Site during such periods.
Governing law
These terms are governed by and construed in accordance with the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods. Evobyte SAGL and you agree to submit to the jurisdiction of the courts of Bellinzona.
Dispute resolution
To expedite resolution and control costs, the Parties agree to negotiate any dispute informally for at least thirty (30) days before initiating arbitration, starting from a written notice. The venue for any dispute is Bellinzona (Switzerland); the language of the proceedings is Italian and Swiss substantive law applies.
Corrections
The Site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to update the information at any time without notice.
Disclaimer
The Site is provided “as is” and “as available”. Your use of the Site and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitations of liability
In no event will we or our directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue or loss of data, arising from your use of the Site.
User data
We maintain certain data that you transmit to the Site to manage its performance, as well as data relating to your use. Although we perform routine backups, you are solely responsible for the data you transmit. You agree that we will have no liability for any loss or corruption of such data.
Electronic communications, transactions and signatures
Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and agree to the use of electronic signatures, contracts, orders and records, as well as the electronic delivery of notices and policies.
Miscellaneous
These Terms and any policies posted on the Site constitute the entire agreement between you and us. Failure to exercise a right does not constitute a waiver. If any provision is held unlawful or unenforceable, it is deemed severable and does not affect the validity of the remaining provisions. No joint venture, partnership or employment relationship is created between you and us as a result of these Terms or use of the Site.
Contact
To resolve a complaint regarding the Site or to receive further information about using the Site, contact us: Evobyte SAGL, Via Bartolomeo Varenna 2, 6600 Locarno, Switzerland — info@evobyte.ch.