Terms and Conditions of activate.ch

The Terms and Conditions govern:

• the use of this Website, and,

• any other related Agreement or legal relationship with the Owner

in a legally binding manner. Words beginning with a capital letter are defined in the corresponding sections of this document.

The User must read this document carefully.

The following entity provides this Website:

Activate sàrl Rue de la Pélisserie 18 1204 Geneva

Owner's contact email: hello[at]activate.ch

GENERAL CONDITIONS OF USE

Unless otherwise specified, the conditions of use detailed in this section generally apply when using this Website.

Specific or additional conditions of use may apply to particular contexts and are then additionally indicated within this document.

By using this Website, Users agree to comply with the following conditions:

Content on this Website

Unless otherwise indicated or clearly identifiable, all content accessible on this Website belongs to the Owner or its licensors, or is presented by them.

The Owner strives to ensure that the content presented on this Website does not infringe any applicable legal provision or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to Users' legal prerogatives to enforce their rights, Users are asked to preferably report any complaint using the contact details provided in this document.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will therefore not be responsible for the content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights in the content, derive from the Terms and Conditions of all third parties or, in their absence, from applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they have been provided for, under these Terms and Conditions and applicable Law.

Users will be solely responsible for ensuring that their use of this Website and/or the Service does not infringe any applicable law, regulation or third-party rights.

Common provisions

No waiver clause

The fact that the Owner does not assert a right or provision under these Terms shall not constitute a waiver of that right or provision. No waiver shall be considered as a further or continuing waiver of this condition or any other.

Service interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service to perform maintenance, system updates or any other change, by properly informing Users.

Within the limits of the law, the Owner may also decide to suspend or terminate the entire Service. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw personal data or information and respect Users' rights regarding continued use of the product and/or compensation, as provided by applicable law.

In addition, the Service may not be accessible due to reasons beyond the Owner's reasonable control, such as "force majeure" events (infrastructure failures or power outages, etc.).

Service resale

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and these Services without the express prior permission, granted either directly or through a legitimate resale program.

Intellectual property rights

Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with this Website are the exclusive property of the Owner or its licensors and are subject to the protection afforded by applicable laws or international treaties related to intellectual property.

All trademarks – nominal or figurative – and all other marks, trade names, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection afforded by applicable laws or international treaties related to intellectual property.

Modification of these Terms and Conditions

The Owner reserves the right to modify or otherwise amend these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of these modifications.

These modifications will only affect the relationship with the User from the date communicated to the User.

Continued use of the Service will signify the User's acceptance of the revised Terms and Conditions. If the User does not wish to be bound by these modifications, they must cease using the Service and may terminate the Agreement.

The previous applicable version will govern the relationship before the User's acceptance. The User may obtain any previous version from the Owner.

Contract assignment

The Owner reserves the right to transfer, assign, dispose by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking into account the User's legitimate interests. Provisions concerning changes to these Terms will be applied accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any way, without the Owner's written authorization.

Contacts

All communication related to the use of this Website must be sent using the contact details cited in this document.

Severability

In the event that any provision of these Terms and Conditions could be considered invalid or unenforceable under applicable Law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which will retain full effect.

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding relationship or contractual relationship between the Owner and the User, governed by these Terms and Conditions.

Owner (or We)

Indicates the person(s) or legal entity(ies) providing this Website and/or the Service to Users.

Service

The service provided by this Website as described in these Terms and Conditions and on this Website.

Terms and Conditions

All provisions applicable to the use of this Website and/or the Service as described in this document, including all other documents or agreements, and as updated from time to time.

User (or You)

Indicates the natural person or legal entity using this Website.

Last updated: June 24, 2024