Last update: 12th October 2023
All access and use of the Website and its Services imply the full acceptance and respect of the General Terms.
By accessing the Website and the Services, the User acknowledges and agrees that he/she has read these General Terms, is at least eighteen (18) years of age, and wishes to be bound by the terms and conditions set forth in the General Terms. If the User is not at least eighteen (18) years of age or does not wish to be bound by these General Terms, he/she is not authorized to use the Website and Services.
Tradamarca reserves the right to modify these General Terms at any time without prior notice. The modified General Terms will be applicable as soon as they become available on the Website. The User will be deemed to have accepted the aforementioned modified General Terms. Users are invited to consult the General Terms on a regular basis.
The following terms shall have the following meanings:
Equipment: means any terminal equipment connected to the Internet via the Networks.
Networks: means the electronic communications networks open to the public, interconnected and operated by any operator, regardless of the technologies or standards used by these networks (cable, satellite, ADSL, fibre optics, GSM, GPRS, EDGE, UMTS, HSPA, LTE, LTE-Advanced, Wi-Fi, WIMAX, etc.).
Services: means any service, in whole or in part, offered by the Website and available exclusively to Users, as described I Article 2 of these General Terms.
Third-party Provider: means any third-party company whose services and software applications are used by Tradamarca as part of its operation and functionality.
User: means any person accessing and using the Website.
Tradamarca offers a Website on which the User can:
- Learn about the services offered by Tradamarca, and its team;
- Contact Tradamarca via the online contact form;
The aforementioned Services are only available in French and English.
3. ACCESS TO WEBSITE AND SERVICES
Access to and use of Website and Services require that the User has an Equipment connected to the Internet. Tradamarca does not provide User with any hardware, software, terminal equipment or any other means.
The use of the Website and Services may involve data transmission from and to the User’s Equipment, which may give raise to pricing by mobile operator for the use of data flows, independent of Tradamarca.
3.2. Access to Website
Access to the Website and its Services is free and uninterrupted (with certain exceptions).
Tradamarca makes every effort to guarantee Users access to and use of the Website in optimum conditions, on a continuous basis, without interruption or error, to enable them to use the Services made available to them as they would wish.
The User is aware that this access is provided taking into account the possible technical hazards due to the nature of the Internet, as well as the response times necessary to consult, query or transfer information data. Tradamarca cannot guarantee absolute accessibility or availability of the Website.
4. LIMITATION OF ACCESS AND USE OF THE SERVICES
Tradamarca may, from time to time, carry out maintenance or development operations on the Website in order to ensure updates and the proper functioning of the Services. Within the framework of these evolutions and updates, Tradamarca reserves the right to remove functionalities and/or options.
The aforementioned maintenance operations are likely to interrupt and prevent, without prior notice and information, for a limited time, access to the Website and Services.
Insofar as possible, Tradamarca will engage the best efforts not to make access to the Website and Services unavailable for an excessive period of time. Tradamarca is not responsible for any difficulties in accessing or using the features resulting from updates and developments.
These General Terms apply to new versions and updates.
5. THIRD-PARTY PROVIDERS
Tradamarca uses Third-Party Providers’ tools and solutions for the following services:
- Design of the Website;
- Hosting of the backups of the Website.
Under no circumstances may Tradamarca be held responsible for damages suffered by Users and resulting exclusively from the failure of these Third-party Providers.
These Third-party Providers may interrupt access to and use of their solutions at any time and without notice, in order to carry out maintenance and/or updating operations. This may have the effect of suspending access to the Site and the Services.
6. USER’S RESPONSIBILITIES
The User engages to use the Website and the Services according to the laws and regulations in force as well as these General Terms. The User is responsible for ensuring that his/her Equipment allows him/her to access the Website and the Services.
The User is responsible to take any and all appropriate measures to protect his/her Equipment, data and/or software, especially from contamination by any malicious programs or from the intrusion of a non-authorized third-party into his/her Equipment.
7. TRADAMARCA’S RESPONSIBILITIES
The responsibility of Tradamarca shall in no event be engaged in case of, but not limited to:
- Fault, negligence, omission or default of the User, non-compliance with the given advice;
- Non-compliance by the User with the General Terms;
- Fault, negligence, omission or default of any Third-party Provider
- Misuse or failure of the User’s terminals or Equipment;
- Intervention of a third-party not authorized by the User;
- Cases of force majeure, as recognized by the Swiss courts;
- Event preventing or delaying Tradamarca from fulfilling its obligations and beyond its control
The responsibility of Tradamarca shall neither be held responsible for:
- Inability to use the Website;
- Disruption of the Website;
- The quality of the Website, as it is offered to the Users “as is”;
- Breaches of computer security not attributable to Tradamarca, which may cause damage to Users’ computer equipment and data.
Tradamarca is subject to an obligation of means, which the User acknowledges.
The User is informed that access to the Website and Services is made via the Internet and telecommunications networks. The User is warned of the technical hazards that may affect these networks and cause slowdowns or unavailability, making the connection impossible.
As the use of the Website requires computer equipment and access to the Internet and networks, the functioning of the Website may be affected by the performance of any of these elements. Consequently, Tradamarca cannot be held accountable in this case.
In no event may Tradamarca be held responsible from indirect damages resulting from the use of the Services, such as material or immaterial losses.
8. DATA PRIVACY
For purposes of the functioning of certain Services, Tradamarca may collect some personal data concerning the Users, either directly when they freely communicate their personal data, or automatically as part of the navigation on the Website and the use of the Services.
Concerning the data collected by the Third-party Providers, the User acknowledges that their privacy policies apply, in compliance with the legal and regulatory provisions in force.
Some of the User's Personal Data may be collected via cookies placed on their terminal while browsing the Website. To find out more about the cookies used and the conditions under which they are deposited, Users are invited to consult the Cookies Policy.
9. INTELLECTUAL PROPERTY
The Website and Services contain copyrighted material, trademarks and other proprietary information of Tradamarca and its licensor that has been created, developed and maintained at great expense of time and money, such that misappropriation or unauthorized use by others for commercial gain would unfairly or irreparably harm Tradamarca and its licensor.
Without limiting the scope of the intellectual property rights of Tradamarca and its licensor, the User acknowledge that Tradamarca and/or its licensor own intellectual property rights to:
- the Website and Services and all of the elements composing it, including but not limited to the structure, software, interfaces, databases, texts, sounds, still or animated images, and functionalities;
- the content contained within the Services (including but not limited to the selection, coordination, and arrangement of the Services); and
- the trademarks used in connection with the Services.
The Website and its functionalities may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited except as expressly provided in these General Terms.
Tradamarca does not grant the User any license, express or implied, to the intellectual property of Tradamarca and its licensor, except for the limited license to use the Service as expressly set forth in the General Terms.
Any use not expressly authorized by Tradamarca under the General Terms is not permitted. It is therefore strictly forbidden for the User to:
- proceed with any representation, broadcasting or distribution of the Website, whether in return for payment or free of charge and in particular any networking;
- proceed to any form of use of the elements of which the Services are constituted and in particular the Website, in any way whatsoever, for the purposes of designing, producing, distributing or marketing similar, equivalent or substitute services and similar, equivalent or substitute user documentation
- adapt, modify, transform or arrange the Website for any reason whatsoever, including to correct errors,
- make any direct or indirect transcription, any translation into other languages of the Website;
- use the Website or the Services in a way non strictly authorized by Tradamarca; and
- carry out any modification or circumvention of the protection code, or action intended to render inoperative the protection system integrated into the Website or any elements comprising it.
Any breach by the User will result in a ban on using the Website, without prejudice to any damages that Tradamarca may claim.
10. ENTIRE AGREEMENT AND DURATION
If any provision of the General Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11. APPLICABLE LAW
The General Terms shall be governed and construed in accordance with the laws of the laws of Switzerland, without regard to the principles of conflicts of law of any jurisdiction.
ANY DISPUTE ARISING FROM THE VALIDITY, THE INTERPRETATION, OR THE EXECUTION OF THESE GENERAL TERMS, OR WHICH COULD BE THE CONSEQUENCE OF THEM IS OF THE EXPRESS COMPETENCE OF THE ORDINARY COURTS OF THE CANTON OF VAUD, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE, EVEN FOR THE PROCEDURES OF URGENCY OF FOR THE CONSERVATORY PROCEDURES, IN REFEREE OR BY PETITION.