TERMS AND CONDITIONS
DISCLAIMER
UPDATE
We, LABAILS, reserve the right to review and amend any of these Terms and Conditions at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms and Conditions will take effect immediately from the date of publication. By continuing to access or use our Site after such modification becomes effective, you agree to be bound by the revised terms. If you do not agree to such terms, please stop using our Site.
These Terms and Conditions were last updated on 20 December 2022.
RESTRICTIONS OF USE
You are required to use our Site in good faith. In particular, the use of the Site is restricted as follows:
- You undertake not to: (i) reproduce or modify the Site, (ii) make any derivative works based on them, (iii) sell, license or sub-license, distribute, make accessible or rent the Site or any of their components, features, functions or interfaces, and (iv) include the Site in a commercial offer.
- You undertake not to: (i) allow direct or indirect access to the Site or use them in such a way that would circumvent a contractual limitation of use, (ii) attempt to obtain unauthorized access to the Site, or to systems or networks linked to them, (iii) access the Site in order to develop competing services or competing Site, (iv) implement a program or script for the purpose of scraping, indexing, probing or otherwise exploiting data on all or part of the Site, or (iv) decompile, reverse engineer or disassemble all or part of the Site.
- You agree to not use the Site in any manner that would threaten the security, integrity or availability of the Site. In particular, you undertake not to use the Site to (i) store or transmit infringing, libelous or otherwise unlawful or tortious material, (ii) store or transmit material in violation of third-party rights, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or the performance of the Site or any third-party data they may contain.
- You shall not send, nor cause to be sent, spam or unsolicited letters and/or emails to any other user of our Site, to our newsletter subscribers, nor to us.
- You shall use the Site strictly in accordance with the intellectual property regime applicable to the content of the Site and shall not contribute to or encourage anyone to use the Site in a manner contrary to fair competition and intellectual property principles.
- You shall ensure the technical and legal compatibility, including updates of software and devices that are used, directly or indirectly, in connection with or in operation of the Site, particularly to display the content and/or execute the functionalities of the Site.
DATA PROTECTION
With regards to the processing of your personal data in relation to the use of our Site and its functionalities, please refer to our Privacy and Cookies Policy, which forms an integral part of the present Terms and Conditions.
LICENSE
The intellectual property in the materials contained in this website are owned by or licensed to LABAILS SA and are protected by applicable copyright and trademark law. You agree to comply with all such laws and treaties in your use of this site. Subject to the Terms and Conditions set forth here, LABAILS grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon.
Material downloaded from the site may only be used by third parties in accordance with the following:
- By journalists when writing about LABAILS.
- By LABAILS’s distributors when marketing and distributing LABAILS products.
- By others for personal and non-commercial use only.
This authorization is not a transfer of title of the materials and is subject to the following
restrictions: 1) you must retain all copyright and other proprietary notices contained in the
materials, and 2) you must refer to the origin of the materials and credit each
photographer. Except as expressly provided herein, LABAILS does not grant any
express or implied right to you under any legislation. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms and Conditions, and may be terminated by LABAILS SA at any time.
Upon such termination you shall immediately destroy all materials.
LEGAL DISCLAIMER
Although care has been taken to ensure the accuracy of the information on this site, LABAILS assumes no responsibility therefore. The materials may contain inaccuracies and errors. LABAILS does not warrant the accuracy or completeness of the materials. You acknowledge that any reliance on any information shall be at your sole risk and LABAILS does not assume any responsibility for any inaccuracies or errors. LABAILS reserves the right to modify data and technical specifications without further notice.
LIMITATION OF LIABILITY
Please note that the Site is made available to you on an “as is” and an “as available” basis, and that you use our Site at your own risk.
The information contained on our Site is provided to you without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or warranty of third-party rights.
LABAILS shall not assume any liability whatsoever in connection with the use of the information contained on the Site, and shall not be held liable for any inaccuracies, errors, omissions or modifications to the information made available on the Site.
The photos and texts illustrating and describing products available on our Site are non-contractual and are for information purposes only. LABAILS assumes no responsibility for any errors or omissions in the photos or texts appearing on the Site.
We do not warrant that:
- the Site will operate in an uninterrupted and secure manner, or that they will be accessible at any time or in any place;
- errors or defects that may affect the Site will be corrected;
- the Site is free of viruses or other harmful components;
- the use of the Site will meet your expectations.
Except in the event of willful misconduct or gross negligence on LABAILS’s part, LABAILS may not be held liable for any damages or loss whatsoever arising in connection with the use of the Site, including indirect or punitive damages, loss of profit, loss of data, or damage to property or persons, regardless of whether LABAILS may have been informed of the possibility of the occurrence of such damage.
LINKS
LABAILS has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by LABAILS of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
RIGHT TO TERMINATE
We may suspend or terminate your right to use our website and terminate these Terms and Conditions immediately upon written notice to you for any breach of these Terms and Conditions.
SEVERANCE
Any term of these Terms and Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms and Conditions is not affected.
Our failure to enforce any right or provision of the present Terms and Conditions will not be considered as a waiver of such rights.
GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of Switzerland. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
