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General Terms and Conditions/Terms of Use

Zug, October 2022

  1. Scope
    These General Terms and Conditions lay down the rules regarding the use of Zondax AG’ (hereafter «Zondax», «company», «we» or «us») website and services by its users. By using the website or services, users agree to these General Terms and Conditions.
  2. Access to the Website and Services
    2.1. Generally, within the scope of these General Terms and Conditions, access to and use of the website and services may require prior registration or account set up.

    2.2. Zondax may, at any time and without prior notice, limit the requests per user or modify, adjust or suspend access to or use of the website or services, in part or in whole, for individual users or in general.

    2.3. Information and services published on the website may be modified, adjusted or suspended at any time without notice. This also applies to these General Terms and Conditions.

    2.4. Zondax does not provide support for access and use of the website and services.
  3. Acceptable Use
    3.1. The information and services accessible through the website are provided for any legal use within the scope of these General Terms and Conditions. The use of the information and services is at the sole and exclusive risk of the user (see section 9. Liability).

    3.2. When accessing or using the website or services, users agree not to violate any law (e.g. use the website or services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist activities), contract, intellectual property or other third-party right or commit a tort, and to assume sole responsibility for their conduct while using our services. In addition to the above users must not:

    (i) Use our website or services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services, or that could damage, disable, overburden or impair the functioning of our services in any way;

    (ii) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our services or to extract data beyond what is exposed via public APIs and is intended for automatic data consumption

    (iii) Engage in automated data collection (scraping)

    (iv) Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our services that users are unauthorized to access;

    (v) Introduce any virus, trojans, worms, logic bombs or other harmful material to the website or services;

    (vi) Develop any third-party applications that interact with our website or services without our prior written consent;

    (vii) Provide false, inaccurate, or misleading information; and

    (viii) Encourage or induce any third party to engage in any of the activities prohibited under this section.
  4. User-Generated Content
    4.1. Users are solely responsible for the content of, and for any harm resulting from any user-generated content that they may post, upload, link to or otherwise make available via the website or service, regardless of the form of that content. Zondax is not responsible for any public display or misuse of user-generated content. Zondax has the right (though not the obligation) to refuse or remove any user-generated content that, in its sole discretion, violates any of Zondax’ terms or policies.

    4.2. Should users post content not created by themselves or of which they do not own the rights, they assume responsibility for any content posted; users undertake to only submit content that they have the right to post, and to fully comply with any third-party licenses relating to content they post.

    4.3. Zondax is legally entitled to actions such as hosting users’ content as well as publishing and sharing it. Users grant Zondax and its legal successors the right to store, parse, and display their content, and make incidental copies if necessary to operate the website and provide the service.

    4.4. Users retain all moral rights relating to the content that they upload, publish, or submit to any part of the service, including the rights of integrity and attribution. However, they waive these rights and agree not to assert them against us, so as to enable us to reasonably exercise the rights granted in this Section.

    4.5. To the extent that this agreement is not enforceable by applicable law, users grant Zondax the rights necessary to use their content without attribution and to make reasonable adaptations of users’ content if necessary to operate the website and provide the service.
  5. Copyrights and other Intellectual Property Rights
    5.1. Unless otherwise indicated by Zondax, all copyright and other intellectual property rights regarding all content and other materials contained on our website or provided in connection with the services, including, without limitation, the company logo and all design elements, texts, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Zondax or Zondax’ licensors or suppliers and are protected by copyright laws and other intellectual property right laws.

    5.2. Unauthorized use and/or duplication of this material without express and written permission by Zondax is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Zondax with appropriate and specific direction to the original content.
  6. Trademarks
    6.1. “Zondax” as in the company logo, and any other product or service names, logos or slogans that may appear on the website or in the services are trademarks of Zondax and may not be copied, imitated or used, in whole or in part, without prior written permission of Zondax.

    6.2. Users may not use any trademark, product or service name of Zondax without the prior written permission of Zondax, including, without limitation, any metatags or other “hidden text” utilizing any trademark, product or service name of Zondax. In addition, the look and feel of our services, including all page headers, custom graphics, button icons and scripts, are considered the service mark, trademark and/or trade dress of the company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zondax.

    6.3. All other trademarks, registered trademarks, product names and company names or logos mentioned through our services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Zondax.
  7. Cookie Statement
    Please visit https://zondax.ch/cookies.
  8. Privacy Policy
    Please visit https://zondax.ch/privacy-policy to understand how Zondax collects and uses personal information.
  9. Liability
    9.1. Although Zondax endeavors to ensure that the information and services are accurate at the time of publication, Zondax cannot make any representation or warranty as to the accuracy (reliability), timeliness and completeness, merchantability, usability or other suitability for a particular purpose of the information and services. The information and services are provided on an "as is" and "as available" basis, with all faults. The use of the information and services is at the sole and exclusive risk of the user. This applies in particular, without limitation, if the information or services are used for tax calculation and reporting. The verification of accuracy, timeliness and completeness lies in the responsibility of the user under all circumstances.

    9.2. Third-party information and services on Zondax’ website and on their own websites are entirely the responsibility of the respective third party. Zondax assumes no liability or warranty for the content or the correct and virus-free functioning of third-party sites that can be accessed through a link.

    9.3. Zondax does not guarantee the continuous, error-free, virus-free operation of the website or the services.

    9.4. Zondax expressly excludes, to the fullest extent permitted by law, any liability for damages in connection with the use of the website or services or of documents or information obtained from the website or services, as well as for indirect, incidental or consequential damages in any form, including, without limitation, those arising from any third-party claims against the user or from the continued use of documents or information obtained from the website or services.

    9.5. Furthermore, Zondax cannot be held liable for any damage (including viruses) to the user's hardware, software or other property related to the access, use of the website or services or the download and use of documents and information.
  10. Indemnity
    The user agrees to defend, indemnify and hold Zondax harmless (and each of our officers, directors, members, employees, agents, contractors and affiliates) from any claim, demand, action, damage, loss, cost or expense, including, without limitation, reasonable attorneys’ fees, arising out or relating to:

    (i) users’ use of, or conduct in connection with our website or services;
    (ii) any feedback users provide;
    (iii) users’ violation of these Terms; or
    (iv) users’ violation of any rights of any other person or entity.
  11. Final Provisions
    11.1. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

    11.2. Zondax expressly reserves the right to change these General Terms and Conditions at any time. Such changes will apply immediately. Users are responsible to refer to the currently valid version on the website.

    11.3. Users’ General Terms and Conditions do not apply.

    11.4. Our failure or delay in exercising any right, power or privilege under these Terms and Conditions shall not operate as a waiver thereof.

    11.5. Legal disputes arising from or in connection with the use of the website or services shall be governed exclusively by Swiss law, except for any legal norms that refer to another legal system. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

    11.6. The sole place of jurisdiction is Zug, Switzerland.