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Terms and Conditions

Last Updated 12 August 2020

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Mühlemann & Popp Online Media AG , located at Limmatquai 122, CH-8001 Zürich, Switzerland (we, us), concerning your access to and use of the Deescus webSite/App (the Site/App).

You agree that by accessing the Site/App, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site/App and you must discontinue use immediately.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site/App from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site/App represents that you have accepted such changes.

1.4 We may update or change the Site/App from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5 The information provided on the Site/App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Site/App is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site/App or use our services without parental permission.

1.7 Additional policies which also apply to your use of the Site/App include:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site/App, you consent to such processing and you warrant that all data provided by you is accurate.

2. Acceptable Use

2.1 You may not access or use the Site/App for any purpose other than that for which we make the site/app and our services available.

2.2 As a user of this Site/App, you agree not to:

  • Make any unauthorized use of the Site/App, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
  • Use the Site/App to advertise or sell goods and services
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site/App
  • Attempt to access any portions of the Site/App that you are restricted from accessing
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Use the Site/App in a manner inconsistent with any applicable laws or regulations
  • Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site/App.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at deescus@muehlemann-popp.ch.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the Site/App or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site/App, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site/App and otherwise. We do not have to attribute your User Content to you.

4.3 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site/App do not represent our views or values

4.4 You can optionally use encryption for any committee, which applies to all content provided by you. For more details please visit our Privacy Policy.

4.5 If you wish to complain about User Content uploaded by other users please contact us at deescus@muehlemann-popp.ch.

5. Our content

5.1 Unless otherwise indicated, the Site/App including source code, databases, functionality, software, webSite/App designs, audio, video, text, photographs, and graphics on the Site/App (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site/App, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Site/App, you are granted a limited licence to access and use the Site/App and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorised access to the Site/App or any networks, servers or computer systems connected to the Site/App; and/or (b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Site/App or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 Although we make reasonable efforts to update the information on our site/app, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site/App is accurate, complete or up to date.

6. Site/App Management

6.1 We reserve the right at our sole discretion, to (1) monitor the Site/App for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site/App or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site/App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site/App and Services.

6.2 You are responsible for configuring your information technology, computer programs and platform to access the Site/App and you should use your own virus protection software.

7. Modifications to and availability of the Site/App

7.1 We reserve the right to change, modify, or remove the contents of the Site/App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the services without notice at any time.

7.2 We cannot guarantee the Site/App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site/App, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site/App during any downtime or discontinuance of the Site/App.

7.3 There may be information on the Site/App that contains typographical errors, inaccuracies, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8. Disclaimer/Limitation of Liability

8.1 The Site/App is provided on an as-is and as-available basis. You agree that your use of the Site/App will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site/App and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site/App or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site/App by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9. Term and Termination

9.1 These Terms and Conditions shall remain in full force and effect while you use the Site/App. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at deescus@muehlemann-popp.ch.

9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site/App(including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/App is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site/App or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

9.3 If we terminate or suspend your account for any reason set out in this Section 8, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. General

10.1 Visiting the Site/App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site/App, satisfy any legal requirement that such communication be in writing.

10.2 These Terms and Conditions and any policies or operating rules posted by us on the Site/App constitute the entire agreement and understanding between you and us.

10.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

10.4 We may assign any or all of our rights and obligations to others at any time.

10.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

10.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

10.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site/App.

Mühlemann & Popp Online Media AG

Limmatquai 122, CH-8001 Zürich, Switzerland