www.business-monitor.ch is operated by:
Novertur International SA
Place de la Gare 2
Please read these Terms and Conditions carefully before using the “Business Monitor” website (the website). By using this website, you signify that you agree with These Terms and Conditions of use (this agreement).
The Website is a data aggregator, using mainly automated data collection processes. Thus, we cannot guarantee that the data aggregated and provided by the Website is correct. There are certainly some errors and some inconsistencies, so by using the Service you acknowledge the fact that you understand that limitation.
2. ELIGIBILITY AND ACCOUNTS
To register for a user account (an Account), go to the Website and provide the requested information. By registering, You represent and warrant that (a) You are eligible for an Account as set forth in these Terms and Conditions; and (b) the information you include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by (i) individual, independent professionals who are eighteen (18) years or older and (ii) individuals with the right and authority to act on behalf of an organization or entity for purposes of using the services provided on the Website. You may obtain or use an Account under other circumstances only upon specific request to Us. Upon obtaining an Account, You shall have access to the services and the functionality that We may establish and maintain from time to time and in our sole discretion. We may add, delete or change some or all of the services provided as part of the Account at any time. You will be notified of any changes and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access your Account. You may not transfer or share your Account with anyone. You may not disclose your password to any third parties.
3. ACCOUNT RESTRICTIONS
You agree to comply with all applicable laws regarding use or access of Your Account. Any use of an Account (a) to post false, outdated, misleading information; (b) to post information that in our sole discretion are inappropriate to our users (including, but not limited to obscene, libellous, slanderous or similarly inappropriate postings) or (c) to post information in breach of the policies published on the Website are grounds for immediate termination of an Account. You may not distribute unsolicited commercial messages (spam) through Your Account or take any other action that imposes an unreasonable or disproportionately large load on Our infrastructure. We expect all of our Users to conduct themselves in a courteous, professional manner at all times. Personal attacks, flaming, and other forms of discourteous and unprofessional online conduct are grounds for the immediate suspension or termination of the offending party’s Account, in Our sole discretion. You agree to pay the subscription fees as specified in the registration process of the creation of Your Account (“Fees”). The Fees are non refundable and their non payment will immediately give Us the right to terminate or suspend the Account.
4. CONTENT ON THIS WEBSITE
This Website provides unfiltered access to third party content. You understand and agree that We are only acting as a venue and that We have no liability related to the content on this Website uploaded by third parties, including other users of the services, whether arising under the laws of liability, copyright, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the content that You receive or that You can access on the Website. By its very nature, the information on this Website is changed frequently, may be inaccurate and in some cases may be mislabelled or deceptively labelled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do We undertake to verify, update or correct such information. We recommend that You confirm all information you obtain from this Website. We also do not make any representation or warranty, express or implied, regarding any posting or requests by Users. You agree that any agreement between You and such individual or organization shall be solely on the terms negotiated and agreed by You and Your counterparty and shall be done at your own risk.
6. DATA PROTECTION FOR CREDITWORTHINESS INFORMATION
The retrieval and use of information relevant to creditworthiness that is not publicly accessible shall be permitted exclusively with a view to the assessment of economically relevant facts and for the recipient’s own use. It shall require a legitimate (justified) interest of the Member pursuant to Art. 13 FADP. The recipient shall ensure that proof can be produced of the reason indicated. Upon demand, the relevant documents (notes, correspondence) shall be made available to “Business Monitor” for random checks. The recipients of information relevant to creditworthiness that is not publicly accessible shall take appropriate security precautions to ensure that no unauthorised persons (members of the company not involved and third parties) do not gain access to the relevant information. In the event that data from “Business Monitor” is communicated, the provisions of the Data Protection Act must be observed. The recipients of “Business Monitor”-owned information shall be liable to the Association for any damage caused to the latter due to non-compliance with the aforesaid duties and obligations, in particular resulting from any indiscretion or misuse of the information provided.
7. USE OF SERVICES
We do not provide any warranty as regards the compliance by users of the services available on Our Website (“Users”) with these Terms, although We will do Our best to ensure that all Users having registered (“Users”) strictly meet the requirements We impose on them.
While We hope that You are able to benefit from the valuable information, products, and services that are provided to You through Our Website, We neither control nor review the Websites that We link to from this Website. Therefore, in particular, We cannot endorse the content, products, services or the performance of the Websites We link to from this Website, and You should not treat any link as such endorsement. You agree that any services, products, or content provided to you through a web page or service to which We link will be provided solely on the terms between You and such third party and shall be entered into at Your own risk.
We will treat any feedback or suggestions You provide to Us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. We are also unable to accept Your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.
You should assume that everything hosted on this Website is the valuable intellectual property of Us and Our suppliers. All rights to Our content, software, services, and server information are reserved. All reproduction in whole or in part of the texts or illustrations on this Website, by any means whatsoever and without Our prior written consent, is prohibited.
11. DISCLAIMER OF WARRANTY
All services, products and information on this website are provided as is. We and our suppliers disclaim all warranties of any kind either express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not guarantee continuous or uninterrupted access to your account and make no warranty as to the operation, functionality, or availability of the website, or that the website or materials or content provided will be error-free, or that defects will be corrected.
You agree to indemnify and hold Us, Our customers and business partners harmless from all damages and costs, including reasonable attorneys' fees arising out of or related to Your breach of this Agreement.
13. LIMITATION OF LIABILITY
In no event will we and/or our suppliers be liable to you for any consequential, indirect, exemplary, special or incidental damages, including any lost data and lost profits, arising from or relating to these terms or our website, even if we and/or our suppliers have been advised of the possibility of such damages. Our (and our suppliers') total cumulative liability in connection with these terms or our website, whether in contract or tort or otherwise, will not exceed the amount paid to us by you in the 3 months prior to the action giving rise to liability (if any).
We may terminate Your Account immediately if You breach this Agreement, if You infringe third party intellectual property rights, or if We are unable to authenticate any information you provide to Us. In no event shall any refunds be paid. Following termination of Your Account, We may remove some or all of Your content from Our servers or elect to retain it, at Our sole option. Any payment obligations incurred prior to termination of this Agreement, shall survive such termination.
We may amend this Agreement by posting the amended version on the Website and making this Agreement available via a link from Our home page. You agree that Your continued use of this Website after such amendment shall signify Your acceptance of any such amendment. Otherwise, this Agreement may not be amended except in a writing signed by both parties.
This Agreement shall be governed in all respects by the laws of Switzerland, without giving effect to conflict of laws principles thereof. The United Nations Convention on the International Sales of Goods does not apply. You consent to the exclusive jurisdiction of the Courts of Lausanne, Switzerland. You and Novertur International SA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by You does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. Except as explicitly stated otherwise, any notices shall be given by certified mail, postage prepaid and return receipt requested, to the address provided below (in Your case) or to the address You provide to Us during the registration process (in Your case), or such other address as the parties may specify. Notice shall be deemed given 3 days after the date of mailing. You may not assign this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign this Agreement. This Agreement sets forth the entire understanding and agreement between You and Us with respect to the subject matter hereof.