Terms of use - Quovidis

Quovidis app and website, Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our app and website.

1.2 By using our app and website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our app or our website.

1.3 If you register with our app or our website, submit any material to our app or website or use any of our app and website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 16 years of age to use our app or website; and by using our app or website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

1.5 Our website uses cookies; by using our app and website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our app and website and the material on our app and website; and

(b) all the copyright and other intellectual property rights in our app and website and the material on our app and website are reserved.

3. Licence to use app and website

3.1 You may:

(a) view pages from our website in a web browser;

(b) view content from our service in a mobile application provided by us;

(d) print pages from our website;

(e) stream audio and video files from our app and website;

(f) use our website services by means of a web browser; and

(g) use our services by means of a mobile application provided by us,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our app and website or save any such material to your computer.

3.3 You may only use our app and website for your own personal and business purposes, and you must not use our app and website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our app and website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our app and website (including republication on another app and website),

(b) sell, rent or sub-license material from our app and website;

(d) exploit material from our app and website for a commercial purpose; or

(e) redistribute material from our app and website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter and press releases in print and electronic form to any person, and you may share content using the built-in export feature.

3.7 We reserve the right to restrict access to areas of our app and website, or indeed our whole app and website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our app and website.

4. RSS feed

4.1 You may access our RSS feed.

4.2 By accessing our RSS feed, you accept these terms and conditions.

4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any app and website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.

4.4 It is a condition of this licence that you include a credit for us and hyperlink to our app and website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).

4.5 We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.

5. Acceptable use

5.1 You must not:

(a) use our app or website in any way or take any action that causes, or may cause, damage to the app and website or impairment of the performance, availability or accessibility of our service, the app and website;

(b) use our app or website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our app or website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our app or website without our express written consent;

(e) violate the directives set out in the robots.txt file for our website; or

(f) use data collected from our app or website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our app or website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our app and website, or in relation to our app and website, is true, accurate, current and non-misleading.

6. Use on behalf of organisation

6.1 If you use our app or website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

7. Registration and accounts

7.1 To be eligible for an individual account on our app or website under this Section 7, you must be at least 16 years of age.

7.2 You may register for an account with our app or website by completing and submitting the account registration form on our app or website, and clicking on the verification link in the email that the app or website will send to you.

7.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

7.4 You must not use any other person’s account to access the app or website, unless you have that person’s express permission to do so.

8. User IDs and passwords

8.1 If you register for an account with our app or website, you will be asked to choose a user ID and password.

8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must change your password and notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our app or website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

9.2 You may cancel your account on our app or website using your account control panel on the app or website. During beta phase, you may cancel your account by contacting us. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.

10. Social networking

10.1 Registered users will have access to such additional features on our app or website as we may from time to time determine, which may include:

(a) facilities to complete a detailed personal profile on the app or website, to publish that profile on the app or website, and to restrict the publication of that profile to particular groups or individuals registered on the app or website;

(b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;

(c) the facility to send private messages via the app or website to particular groups or individuals registered on the app or website; and

(d) the facility to post and publish text and media on the app or website.

10.2 You agree to the publication of posts relating to you, by others, on our app or website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 19.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

11. Personal profiles

11.1 All information that you supply as part of a personal profile on the app and website must be true, accurate, current and non-misleading.

11.2 You must keep your personal profile on our app and website up to date.

11.3 Personal profile information must also comply with the provisions of Section 5 and Section 16.

12. Subscriptions

12.1 To become a subscriber to our app and website services, you must pay the applicable subscription fees after you have registered for an account that requires subscription with our app and website. We will send you an acknowledgement of your order or if your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the app and website services shall come into force.

12.2 You will have the opportunity to identify and correct input errors prior to making your order by initiating your payment by credit card.

12.3 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our app and website in relation to your subscription type.

12.4 We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our app or website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.

12.5 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions:

(a) if you checked the automatic renewal, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our app and website before the date of renewal,

(b) if you let the automatic renewal unchecked, your subscription will be automatically canceled, unless you renew the subscription and pay the applicable subscription fees.

13. Fees

13.1 The fees in respect of our app and website services will be as set out on the app and website from time to time.

13.2 All amounts stated in these terms and conditions or on our app and website are stated inclusive of VAT.

13.3 You must pay to us the fees in respect of our app and website services in advance, in cleared funds, in accordance with any instructions on our app or website.

13.4 We may vary fees from time to time by posting new fees on our app or website, but this will not affect fees for services that have been previously paid.

13.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

13.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 13.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.6.

13.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

14. Distance contracts: cancellation right

14.1 This Section 14 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

14.2 You may withdraw an offer to enter into a contract with us through our app or website, or cancel a contract entered into with us through our app or website, at any time within the period:

(a) beginning upon the submission of your offer; and

(b) ending at the end of 14 days after the day on which the contract is entered into,

subject to Section 14.3. You do not have to give any reason for your withdrawal or cancellation.

14.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 14.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a) if the services are fully performed, you will lose the right to cancel referred to in Section 14.2;

(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 14.

14.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 14, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

14.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 14, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 14.

14.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

14.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 14 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

15. Your content: licence

15.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our app or website for storage or publication on, processing by, or transmission via, our app or website.

15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

15.3 You grant to us the right to sub-license the rights licensed under Section 15.2.

15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.

15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

15.6 You may edit your content to the extent permitted using the editing functionality made available on our app or website.

15.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

16. Your content: rules

16.1 You warrant and represent that your content will comply with these terms and conditions.

16.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

16.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial, ethnic or religious hatred or discrimination legislation;

(I) constitute an incitement to ethnic rivality, hatred, riots, cleansing and violence of any kind.

(j) be blasphemous;

(k) be in breach of official secrets legislation;

(l) be in breach of any contractual obligation owed to any person;

(m) depict violence, in an explicit, graphic or gratuitous manner;

(n) be pornographic;

(o) be untrue, false, inaccurate or misleading;

(p) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(q) constitute spam;

(r) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(s) cause annoyance, inconvenience or needless anxiety to any person.

17. Report abuse

17.1 If you learn of any unlawful material or activity on our app or website, or any material or activity that breaches these terms and conditions, please let us know.

17.2 You can let us know by email at ab***@qu******.com or by using our abuse reporting features.

18. Limited warranties

18.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our app and website;

(b) that the material on the app and website is up to date; or

18.2 We reserve the right to discontinue or alter any or all of our app and website services, and to stop publishing our app and website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any app and website services, or if we stop publishing the app and website.

18.3 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our app and website and the use of our app and website.

19. Limitations and exclusions of liability

19.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:

(a) are subject to Section 19.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

19.3 To the extent that our app and website and for the information and services on our app and website that are provided free of charge, we will not be liable for any loss or damage of any nature.

19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the app and website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

19.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the lesser of:

(a) CHF 1’000.- and

(b) the total amount paid and payable to us under the contract.

20. Indemnity

20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our app or website.

21. Breaches of these terms and conditions

21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our app and website;

(d) block computers using your IP address from accessing our app and website;

(e) contact any or all your internet service providers and request that they block your access to our app and website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our app and website.

21.2 Where we suspend or prohibit or block your access to our app and website or a part of our app and website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

22. Third party app and websites

22.1 Our app and website includes hyperlinks to other app or websites owned and operated by third parties; such hyperlinks are not recommendations.

22.2 We have no control over third party app and websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

23. Trade marks

23.1 Quovidis, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

23.2 The third party registered and unregistered trade marks or service marks on our app and website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

24. Variation

24.1 We may revise these terms and conditions from time to time.

24.2 The revised terms and conditions shall apply to the use of our app and website from the date of publication of the revised terms and conditions on the app and website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our app and website.

25. Assignment

25.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

26. Severability

26.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

26.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

27. Third party rights

27.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

27.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

28. Entire agreement

28.1 Subject to Section 19.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our app and website and shall supersede all previous agreements between you and us in relation to your use of our app and website.

29. Law and jurisdiction

29.1 A contract under these terms and conditions shall be governed by and construed in accordance with Swiss law.

29.2 Any disputes relating to a contract under these terms and conditions shall be adjudicated in a court of competent jurisdiction in Zurich, Switzerland and subject to the exclusive jurisdiction of the courts of Switzerland.

30. Statutory and regulatory disclosures

30.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our app and website. We recommend that you consider saving a copy of these terms and conditions for future reference.

30.2 These terms and conditions are available in the English language only.

30.3 We are registered in the trade register (Handelsregisteramt) of the Canton of Zurich, Switzerland; you can find the online version of the register at http://www.hra.zh.ch/, and our registration number is CHE-104.042.653.

30.4 Our VAT number is CHE-104.042.653 MWST.

31. Our details

31.1 This app and website is owned and operated by us.

31.2 We are registered in the Canton of Zurich, Switzerland under registration number CHE-104.042.653, and our registered office is at Birmensdorferstrasse 101, 8003 Zurich, Switzerland.

31.3 You can contact us by writing to the business address given above, by using our app and website contact form, by email to co*****@pe**********.ch or by telephone on +41444613020.

Revision 10. August 2020