Terms and conditions

Terms and conditions

These terms and conditions (the “Terms”) govern your use of the E-shop and the services we offer on or through this website and are entered into by you and Ex0-SyS Sàrl, Chemin du Petit Truet 9, 1297 Founex, Switzerland (the “Company”, “we” or “ us”). The terms are applicable to all Users as defined below.

1. Definition
Accountmeans the account created by a Customer.
Chargebackmeans a Transaction which is successfully charged back on request of a User or an Issuer pursuant to the relevant rules applicable resulting in a cancellation of a Transaction in respect of which the Company has been paid or was due to be paid.
Companymeans Ex0-SyS Sàrl, Chemin du Petit Truet 9, 1297 Founex, Switzerland.
Contentmeans all the rights related to the content of the E-shop and/or the Website, included but not limited to the software, algorithms, codes, audio files, videos, texts, layouts, animations, files, pictures, domain name, programs, products, processes, technology, content, source code, object code, designs and other material or information which appear or is displayed on the E-shop and/or the Website.
Customermeans a person or an entity buying a Subscription and/or a Service on or through the E-shop.
E-shopmeans the e-shop hosted at the following URL:
www.ex0-sys.ch
www.alpha-tav-vault.com
Ex0-toolsmeans the applications made available on the Website and the E-shop.
Issuermeans an institution that issues payment methods to the Customer and whose name appears on the Customer’s credit card or bank account statement and/or who enters into a contractual relationship with the Customer with respect to the payment method used by the Customer on the E-shop.
Payment data means the information which makes up a Transaction message which needs to be submitted to the Payment Interface of the Payment provider in order for the latter to be able to process the Transaction and to perform fraud checks, including but not limited to, details regarding the credit card, the Customer or the credit card owner, the Issuer, the relevant authentication details and the payment amount.
Payment interface means an electronic connection method provided by the Payment provider to the Company for providing Payment data for individual Transactions in a secured way.
Payment providermeansPaypal (Europe) S.à r.l.
22-24 Boulevard Royal
2449 Luxembourg
PCI DSSmeans the security standards for transmitting, processing or storing card data / payment details, known under the name of PCI
Personal datameans any information relating to an identified or identifiable natural; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Policy means the privacy policy governing the use of the Website and the E-Shop issued on 25.04.2019.
Pricemeans the price for the Subscription, purchased on or through the E-shop.
Productsmeans all the softwares made available on or through the E-shop.
Refundmeans a (partial) reversal of a particular Transaction, whereby the funds are reimbursed to the Customer on the initiative or request of the Company.
Servicesmeans the services made available on or through the E-shop.
Subscriptionmeans the three-month and annual subscription plans for any of the Products made available on or through the E-shop.
Termsmeans these terms and conditions.
Trademarksmeans all the trademarks owned by the Company as currently registered at the Swiss Federal Institute of Intellectual Property, and as will be registered at the European Union Intellectual Property Office and the United States Patent and Trademark Office together with all other graphics, logos, layouts, designs, page headers, button, icons, scripts and service names on the E-Shop and the Website.
Transactionmeans the purchase of a Subscription on or through the E-Shop.
Usermeans all users of the E-Shop and/or the Website, i.e. Customers and Visitors.
Visitormeans a person or entity using the E-Shop without having registered an Account.
Websitemeans the website hosted at the following URL : 
https://www.ex0-sys.ch
2. Services

The Company provides an E-shop allowing the Customers to buy a Subscription for one or more Products as well as Services, such as the Ex0-Tools

3. Terms

Any person who wants to access the Services must accept the terms and conditions of these Terms.

By using the E-shop, even as a Visitor, and/or clicking the “Accept” button when registering an Account, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from using the E-Shop and the Website.

4. Eligibility

In order to be able to buy a Subscription, you must be at least eighteen years old and be entitled in your jurisdiction to enter into legally binding agreements. If you are under eighteen years old or not entitled to enter into legally binding agreements, you may use the E-Shop and/or the Services only with involvement and agreement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services.

If you create an Account, you are solely responsible for maintaining the confidentiality of your password and Account and are responsible for all activities that occur in relation to your Account. We will not be liable for any loss or damage from you fail to maintain the security of your Account and password. You may not disclose your password to any third party and you are solely responsible for any use of or action taken under your password in connection with the Services.

Should you not fulfill the conditions for entering into the E-Shop and/or benefiting from the Services, you shall immediately refrain from doing so. In any event, we reserve the right to refuse Service to any User at any time.

5. Your Account

In order to buy a Subscription for one or more Products, you must create an Account on the E-shop. To create an Account, you must provide your email address as well as other Personal data as detailed in the Policy. You may also create an Account by using social media features.

Through your Account you can:

  • access to your profile and add, complete and modify your personal details
  • pay your subscription
  • unsubscribe from your subscription
  • cancel your Account
  • leave comments
6. Modification

The Company reserves the right to make any changes to these Terms at any time, as the Company deems necessary or desirable. Your continued use of the E-shop and/or the Website after any such changes or after explicitly accepting the new Terms upon logging into your Account and/or using the E-shop and/or the Services shall constitute your consent to such changes.

7. Your use of the Services

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your strict compliance with these Terms and our policies.

We are constantly modifying and improving our Services. We may at any time and without notice introduce new features, change existing features, or remove features form the Services.

The Company reserves all right, title and interest in its Intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, trade secrets, confidential information, trade and business names and any other similar protected rights in any country) in and to the Services and the E-shop.

8. Privacy Policy

The Personal data you provide us with in course of using the E-shop will be used in accordance with our Policy, the terms of which are hereby incorporated into these Terms.

9. Transactions

The Subscriptions for the Products made available on or through the E-shop by the Company can be purchased by the Customers. The different types of Subscriptions are described on the Product’s page.

By clicking on the “purchase” button, you place an order for the Subscription for the Product in your shopping cart. The Company confirms the receipt of your order by email immediately after the validation of your shopping cart and provides you with the activation code and/or the license key allowing you to install the Product on your computer and some explanations regarding the installation process.

The Subscription are automatically renewed at the end of the subscription period unless cancelled..

10. Price

The Price is displayed on the Product’s page on the E-shop.

All Prices displayed on the E-shop are in Swiss Francs, in Euros or in US Dollars, depending on the User’s IP address..

The Prices are subject to revision at any time, it being specified that the modification do not apply to the Subscriptions for which the Customer already paid.

By confirming a Transaction, the Customer agrees that the Price will be charged directly to his or her credit card.

11. Payment scheme

The payment will be operated by the Payment provider. The Company will not keep, process or even have access in any way to your Payment data.

The payment of the Price will be processed in a secured way (SSL) through the Payment interface of the Payment provider. The Company will use the Payment provider’s API interface and will at all times comply with the current PCI-DSS rules.

You agree to pay the Price applicable to the chosen Subscription for the Product(s) and will not hold the Company liable for any charge related to your payment.

The Payment provider delivers real time or near real time Transaction processing capability over the Internet with a high availability service level applying to the Payment interface.

The Company guarantees not to copy, store, save, capture or intercept payment instruments related information such as credit card numbers, expiry date, holder name, card summary (last 4 digits), card BIN (6 first digits), card type, issuer, issuing country, CVV codes, passwords entered into the Payment interface. Your credit card information will be transferred to the Payment provider as encrypted data to the Payment provider’s server. Encrypted data can only be decrypted by the Payment provider.

The Company will keep a copy of all other electronic and records related to the Transactions and the ordering and delivery of the Products for one year subsequent to the Transaction being processed.

Credit card information will remain on Customer’s mobile or device and will not be saved by the Company. You understand and explicitly agree that the Payment provider will act as data controller of your payment information.

The Payment provider will act as a provider of the payment services and will take all necessary steps to comply with the duties of due diligence and duties to report as set forth in the Swiss Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).

Upon request, you hereby agree to provide the Payment provider with all information requested by the Payment provider in relation to your business and to specific transaction in order to comply with the Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).

As a Customer, you hereby authorize and agree that the Payment provider shall debit (whether directly or indirectly via a third-party payment service provider, subject to that third-party service provider’s terms of use) your payment card of the amount of the Price.

The payment shall be taken by a debit of the Price from one of the acceptable payment methods listed on the Platform, which may include credit cards such as AMEX, Visa and MasterCard. You will also be asked to provide the Payment provider with customary billing information such as name, billing address and payment information. It is your responsibility to take all necessary measures to ensure that your password and credit or debit card details remain secret and to prevent the use or misuse of such password by any unauthorized person. You shall notify the Company promptly if you discover or suspect that your password or credit or debit card information has become accessible to or has been misused by any unauthorized third party.

If the Payment provider believes that a security breach of any Customer has occurred, the Company will, upon request, mandate a third-party auditor approved by the Payment provider to conduct a security audit of its systems and facilities and issue a report.

In some instances, and in addition to the billing and payment information, the Company and/or the Payment provider may request you to provide some proof of your identity and some information in relation to the funds used to proceed to the transaction. Payment data may also be requested by the Payment provider. Such information can be requested at the time of ordering, during payment processing or at any other time thereafter. The Company reserves the right to cancel a Transaction if you do not provide such proof of identity when requested.

In order to enable the Payment provider to comply with applicable law, including but not limited to anti-terrorism, financial services and other anti-money laundering laws and regulations imposing customer due diligence requirements, payment scheme requirement and TPPP’s requirement, the Company and/or the Payment provider is/are entitled to request to any Customer the details, the economical background of the transaction and/or the beneficial owners of any Transaction processed through the Platform (“ Financial Data”). The Payment provider is entitled to regularly get access to all Financial Data collected by the Company in relation to the Transactions operated through the Platform.

As a Customer and if requested, you agree to promptly provide the Company with all data requested by the Payment provider in relation to a transaction and/or a Refund (including those needed for fraud checks).

12. Cancellation and Refund

The Subscriptions for one or more Products bought by the Customer on or through the E-shop are not subject to any cancellation or refund.

13. Fraud check and controls

The Company will ensure all data the Payment provider requests to be provided for a Transaction, including those needed for fraud checks, are provided to the Payment provider with each Transaction submitted for processing. You hereby agree to provide the Company upon first request with all data requested by the Company for processing your Transaction.

All Transaction processed by the Payment provider will be screened and a number of checks on the Transactions will be done by the Payment provider.

14. Non-circumvention

By using the E-shop and/or the Website, you take the full commitment not (a) to use the information, material and content available on the E-shop and/or the Website for competing, directly or indirectly, with the Company (b) to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software, Services available on the E-shop and/or the Website for any commercial or competitive activity or purpose (c) use any robot, crawler, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the E-shop and/or the Website. Should you do so, please be informed that you may be irrevocably banned from using the Services and the Company reserves to claim for damages and/or to request injunctions

15. Prohibited actions

You agree not to do any of the following actions in connection to your use of the E-shop and/or the Website:

a) intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;

b) distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;

c) upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the E-shop, the Website, the Services or the interests or property of the Users or of the Company;

d) export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

e) copy, scrape, extract, modify, or distribute rights or content from the E-shop, the Website and/or Services in any way, including through robots, spiders or any other software or technology;

f) commercialize any application, code or any information or software associated with such application and/or the E-shop and/or the Website without the Company’s prior written consent;

g) upload, post, transmit, distribute, store or otherwise make publicly available on the E-shop or the Website any private information or personal data of any third party, including, addresses, phone numbers, email addresses and/or credit card numbers;

h) harvest or otherwise collect information or data about Users, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Service, the E-shop and/or the Website;

i) upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

j) upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the E-shop, or which may expose the Company or its Users to any harm or liability of any type;

k) upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;

l) you shall not use the Services in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage;

m) you shall not copy, modify, distribute, sell, or lease any part of the Services and/or the E-shop and/or the Website;

n) you may not reverse engineer or attempt to extract the source code of the E-shop and/or the Website;

o) you may not interfere or attempt to disrupt the Services and/or the E-shop and/or the Website in any way.

16. Electronic communications

When you use the Services, buy a Subscription for one or more Product(s), or send emails to the Company, you are communicating with us electronically. In order to duly complete and secure your Transaction, you need to use your correct email address. The Company is not responsible or liable for any wrong or misspelled email address or inaccurate or wrong Personal data submitted to the Company.

By using the E-shop, you agree to receive electronically any communications related to your use of the Services and/or the E-shop, including an email confirming your Transaction.

We will communicate with you by email or by posting notices in your Account. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provided when you registered your Account.

17. Intellectual property rights

The Content is the exclusive property of the Company or its licensors. Our rights to the Content include rights to (i) the E-shop and the Website (ii) the Services developed and provided by the Company; and (iii) all designs, layouts, software, displayed and technical information associated with the Services or the E-shop or the Website. All Intellectual property rights in the Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.

Any other use of the Content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.

Subject to these Terms and for the purpose of using the E-shop and benefiting from the Services, the Company grants you a limited, non-exclusive, non-transferable, non-sub licensable, royalty free license to use and display the Content on your computer screen or mobile devices, such as smartphones or tablets.

Subject to these Terms, the Company grants you a limited, non-transferable, non-exclusive license to use the E-shop.

You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (“Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

The Company and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the E-shop and/or the Website.

The Company, together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the E-shop. Access to the Services does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Services or the E-shop or their contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the Company’s prior written consent.

18. Trademarks

The Company’s names and logos and all related product and service names, design marks and slogans are the Trademarks or service marks of the Company or its licensors. No Trademark license is granted in connection with the material contained on the Services. Access to the Services does not authorize anyone to use any name, logo or Trademark in any manner whatsoever.

You may not use the Trademarks, including as part of Trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the Trademarks without the Company’s prior written consent.

Any goodwill accruing out of the use of the Trademarks and the Company’s trade and business names and service marks will vest in the Company and its affiliates, as the case may be.

19. Termination

You may terminate your Account and stop using the Services at any time and without notice to the Company. Similarly, you can terminate these Terms, access to the Services at any time without notice. Please note however that in the event you still have a Subscription when you terminate your Account, your Subscription will continue until its expiration date and will automatically renew unless cancelled as described in Section 9 above.

The Company may terminate or suspend your Account or ability to use the Services, in whole or in part, in the event that (i) you violate these Terms or violate any other rules that govern the use of the Services, including policies, (ii) your conduct may harm the Company, Users or others or cause the Company or others to incur liability, (iii) other Users complain about you, or (iv) as otherwise determined by the Company in its sole discretion.

The Company may modify and adapt the Services, and all the Content and other terms used or contained in the Service, at any time.

The Company is entitled at any time to delete your Account and block your access to the E-shop and the Website in the event it considers that your use of the E-shop and/or the Website does not fully comply with these Terms or with any applicable laws.

In any case, the Company reserves the right to terminate the Service of anyone at any time without notice for any reason.

Your access to, use of, or participation in the Service, including any content therein, may be prevented by the Company at any time after your termination of your Account. Notwithstanding anything herein to the contrary, upon termination of your Account, the Company will remove your profile and all your information from the E-shop and from its database. If you still have a valid Subscription to any of our Products, we will remove all your information from the E-shop and database upon cancellation of said Subscription.

Notwithstanding such termination, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual property rights and conservation of certain information for a certain period of time.

20. Reservation of rights

The Company reserves the right to, in its sole discretion, immediately cancel any purchase of a Subscription for one or more Products; prevent or restrict access to E-shop and/or the Website; or take any such action to restrict access to or availability of or remove any objectionable material, feedback, ratings or inaccurate listings.

The Company reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.

The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Services, the E-shop, the Website and any other unlawful acts or acts and/or omissions in breach of these Terms.

21. Third-party content

You agree that the Company does not assume any liability for any content, reviews, feedbacks, services, advertisements, offers or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that the Company will have no liability based on such purchase, use or access.

22. Service provided “as is” and release of claims

THE E-SHOP IS PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN RELATION TO THE WEBSITE. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE REMAINS SOLELY WITH YOU.

YOU AGREE THAT NEITHER THE COMPANY IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY VISITOR. THE COMPANY WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY VISITOR.

Any warranty, condition or other term arising out of or in connection with the E-shop which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website and/or the E-Shop or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

If you have a dispute with one or more Visitor(s), you agree to release the Company (including each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

23. Downtime

Since the E-shop is web-based, it might be subject to temporary downtime.

From time to time we also update and/or maintain the E-shop, which will result in the E-shop not being available for a certain period of time. We do not warrant that the E-shop operates uninterrupted or error free.

We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the E-shop or suspension of your access to the E-shop.

24. Limitation of liability

These Terms set out the full extent of our obligations and liabilities with respect to the provision of the E-shop.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY EXCLUDES: (I) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND (II) ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, CLIENT INSATISFACTION, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE WEBSITE, WEBSITE INTERRUPTIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY VISITOR IN CONNECTION WITH THE WEBSITE OR THESE TERMS.

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE.

THE COMPANY IS NOT LIABLE FOR (PARTIAL) INTERRUPTIONS TO AND DOWNTIME OF THE WEBSITE DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR OTHER REASONS THAT IT CANNOT DIRECTLY CONTROL OR THAT ONLY IMPEDE USE OF THE WEBSITE TO A NEGLIGIBLE EXTENT.

IN ANY EVENT, THE COMPANY, WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE WEBSITE WHETHER IN TORT (INCLUDING NEGLIGENCE).

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE RELATING TO ANY DAMAGE ARISING OUT OF YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE YOUR CLAIM WILL BE PERMANENTLY TIME-BARRED.

25. Force majeure

THE COMPANY CANNOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE, LOSS, DELAY, OR INCONVENIENCE CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO WAR, THREAT OF WAR, RIOTS, CIVIL STRIFE, OR TERRORIST ACTIVITY, INDUSTRIAL DISPUTES, NATURAL OR NUCLEAR DISASTERS, FIRE, AIRPORT CLOSURES, BAD WEATHER CONDITIONS, INTERRUPTION OR FAILURE OF A UTILITY SERVICE OR THE ACTS OF ANY LOCAL OR NATIONAL GOVERNMENT.

26. Indemnification

You agree to defend, indemnify and hold harmless the Company with its respective shareholders, officers, directors, employees, agents (each, an ” Indemnified Party“) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the E-shop or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

27. Links

The E-shop may contain links which direct you to third party websites. The Company rejects any liability on said third party websites, which are solely provided in the Visitors’ interest. The Company has no influence on the content of third-party websites. The Company therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content.

28. Entire agreement and severability

These Terms and the Privacy Policy available at the following address: https://www.ex0-sys.ch/legal, subject to any amendments or modifications made by the Company from time to time, shall constitute the entire agreement between you and the Company with respect to the use of the E-shop. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

29. No waiver

The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

30. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation.

31. Governing law and jurisdiction

These Terms shall be governed by the laws of Switzerland. Any dispute regarding or arising out of these Terms shall be subject to the exclusive jurisdiction of the Courts of the registered offices of the Company

32. Contact

If you have any questions regarding these Terms, please feel free to contact us by email at [email protected], by regular mail at Ex0-Sys, Chemin du Petit Truet 9, 1297 Founex, or by phone at +41 79 334 30 62 during regular business hours.

 

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