Terms and conditions of use

Preamble

These Website Terms of Use (“Terms of Use”) govern your relationship with the www.procab.ch website (the “Website”) and our dedicated pages on the following social media and platforms: Facebook, Twitter, Instagram, YouTube and LinkedIn, all operated by PROCAB STUDIO and its subsidiaries (“PROCAB”, “we”, “us”, “our”, “our”), headquartered at Rue du Clos 5 1207 Geneva.

Please read these terms of use carefully before using the website. Your access to and use of the website is conditional upon your acceptance of and compliance with these terms of use.

By using our website, you agree to be bound by and accept these terms of use. If you do not agree to these terms of use, please do not use our website or our dedicated social media pages.

 

Restrictions of use

The website will be used in good faith by you. As such, use of the Website is notably restricted as follows:

You may not reproduce, modify, prepare derivative works based on, sell, resell, license, distribute, make available, rent or lease the Website or any of its components, features, functions or interfaces, or include the Website in any offer.

You may not (i) permit direct or indirect access to or use of the Web Site in a manner that circumvents any contractual use limitation, (ii) attempt to gain unauthorized access to the Web Site or its related systems or networks, (iii) access the Web Site in order to build a competitive product or Web Site, (iv) cause or run any programs or scripts to delete, index, monitor or otherwise extract data from any portion of the Web Site, or (vi) decompile, disassemble or reverse engineer the Web Site or any portion thereof.

You must not use the Web Site in any way that threatens the security, integrity or availability of the Web Site; in particular, you must not use the Web Site to (i) store or transmit infringing, defamatory or otherwise illegal or tortious material, (ii) store or transmit material that violates the privacy rights of third parties, (iii) store or transmit malicious code, (iv) interfere with the integrity or performance of the Web Site or third party data contained on the Web Site.

 

Intellectual property

The Website and its original content, features and functionality are and will remain the exclusive property of PROCAB and its licensors. In particular, the company names, logos, photos, products, trademarks, texts and domain names mentioned on the Website are the exclusive property of PROCAB and may not be used without PROCAB’s prior written authorization.

The Site is protected by copyright, trademark law and unfair competition law, subject to Swiss law. Our trademarks and trade dress may not be used in connection with any product or website without the prior written consent of PROCAB.

PROCAB reserves all of its rights, title and interest in and to the Website, including all related intellectual property rights. No rights are granted to you under these Terms of Use.

 

Liability disclaimer

Your use of the Website is at your own risk. The website is provided “AS IS” and “AS AVAILABLE”.

The information contained on the website is provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

PROCAB assumes no responsibility for the use of the information contained on the website, nor shall PROCAB or PROCAB’s employees be liable for any inaccuracies, errors, omissions or changes in the content of the information available on the website.

PROCAB, PROCAB’s employees and PROCAB’s licensors do NOT warrant it:

the website will operate uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected, the website is free of viruses or other harmful components, the results of using the website will meet your requirements.

 

Limitation of liability

PROCAB and PROCAB employees shall not be liable for any damage, liability or loss arising from:

your use of or reliance on the Website, in particular information made available on the Website by third parties, your inability to access or use the Website, or any transaction or relationship between you and any third party, even if PROCAB has been advised of the possibility of such damages.

In any event, PROCAB and PROCAB’s employees will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of, in connection with or otherwise resulting from any access to or use of the Website, regardless of the negligence (active, positive, sole or concurrent) of PROCAB, even if PROCAB has been advised of the possibility of such damages.

Data privacy

With regard to the protection of data relating to the use of the Website, please refer to PROCAB’s Privacy Policy on the Web.

 

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with Swiss law, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms of use shall not be deemed a waiver of such rights.

If any provision of these terms of use is held by a court to be invalid or unenforceable, the remaining provisions of these terms of use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between us with respect to our Website, and supersede and replace any prior agreements we may have with respect to the Website. We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time.

By continuing to access or use our Web Site after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please discontinue use of the Web site.

If you have any questions about these Terms of Use, please contact us at privacy@procab.ch