General terms and conditions
General terms and conditions
The General Terms and Conditions were last updated on 18 January 2023
These terms and conditions apply to this website and to transactions involving our products and services. You may be bound by additional agreements that relate to your relationship with us or to products or services you receive from us. If provisions of the additional contracts conflict with provisions of these Terms, the provisions of those additional contracts will prevail.
By registering, accessing, or otherwise using this website, you agree to be bound by the terms and conditions set forth below. Your mere use of this website implies your knowledge and acceptance of these Terms and Conditions. In some specific cases, we may also ask for your express consent.
3. Electronic communication
By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or via email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically comply with all legal requirements, including but not limited to the requirement that such communications be in writing.
4. Intellectual property
We or our licensors own and control all copyrights and other intellectual property rights in the site and the data, information and other resources displayed or accessible on the site.
4.1 All rights reserved
Unless otherwise stated, no license or other right is granted to you under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, embed in an electronic medium, modify, reverse engineer, decompile, transmit, download, transfer, monetize, sell, market, or commercialize any resources from this website in any form without our prior written permission, unless otherwise required by mandatory legal provisions (such as the right to quote).
Notwithstanding the above, you may forward our newsletter in electronic form to others who may be interested in visiting our website.
6. Third party property
Our website may contain hyperlinks or other references to websites of other parties. We do not monitor or review the content of other parties' websites referenced from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. Opinions or materials expressed on these websites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or the content of these websites. You bear all risks associated with the use of these websites and related third-party services. We are not responsible for any loss or damage of any kind incurred as a result of you disclosing personal information to third parties.
7. Responsible handling
By visiting our website, you agree to use it only for its intended purposes and subject to these Terms, any additional agreements you may have with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You may not use our website or services to use, post, or distribute material consisting of (or linked to) malicious computer software; use data collected from our website for direct marketing activities; or engage in systematic or automated data collection activities on or related to our website.
Participation in any activity that causes or may cause damage to the Website or interfere with the performance, availability or accessibility of the Website is strictly prohibited.
8. Idea submission
Do not submit any ideas, inventions, works, or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or non-disclosure agreement. If you provide us with your content without such written consent, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9. Termination of use
We may, in our sole discretion, modify or discontinue, temporarily or permanently, access to the Website or any service thereon at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to or use of the Site or any Content you have shared on the Site. You will not be entitled to any compensation or other payment even if certain features, settings and/or Content to which you have contributed or relied upon are permanently lost. You may not bypass or circumvent, or attempt to bypass or circumvent, any access restriction measures on our website.
10. Guarantees and liability
Nothing in this section shall limit or exclude any warranty implied by law, the limitation or exclusion of which would be unlawful. This Site and all Site Content are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranties of any kind as to the availability, accuracy or completeness of the content. We do not warrant that:
• that this website or our content meets your requirements;
• This website will be uninterrupted, timely, secure or error-free.
Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.
The following provisions of this section apply to the maximum extent permitted by law and do not limit or exclude our liability in respect of any matter which would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss of or damage to data, software or databases, or loss of or damage to property or data) suffered by you or any third party as a result of accessing or using our website.
Except as otherwise expressly provided in any Supplemental Agreement, our maximum liability to you for any damages arising out of or in connection with the Site or the products and services marketed or sold through the Site, regardless of the form of action imposing liability (whether in contract, equity, negligence, intentional conduct, tort or otherwise), shall be limited to the total price paid by you to us for the purchase of such products or services or use of the Site. Such limitation shall apply to all of your claims, actions and causes of action of every kind and nature.
11. Data protection
To gain access to our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.
12. Export restrictions / compliance with laws
Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this Website in violation of the export laws and regulations of Switzerland.
You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be null and void.
14. Violations of these general terms and conditions
Without prejudice to our other rights under these Terms and Conditions, in the event of a breach of these Terms and Conditions, we may take such action as we deem appropriate, including temporarily or permanently blocking your access to the Website, contacting your internet service provider to have them block your access to the Website, and/or taking legal action against you.
15. Force majeure
Except for the obligation to pay, any delay, failure or omission by a party to perform or observe any of its obligations hereunder, shall not be deemed a breach of these Terms and Conditions if and so long as such delay, failure or omission is for any reason beyond the reasonable control of such party.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses arising from your violation of these Terms and applicable laws, including intellectual property rights and privacy rights. You will promptly indemnify us for our damages, losses, costs and expenses arising from such claims.
Failure to enforce any provision of these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement, or any part thereof, or the right thereafter to enforce any provision.
These General Terms and Conditions shall be interpreted and construed exclusively in English. All notices and correspondences shall be written exclusively in this language.
19. Complete agreement
20. Update of these general terms and conditions
We may update these Terms and Conditions from time to time. The date shown at the beginning of these Terms and Conditions is the latest revision date. We will notify you in writing of any changes or updates, and the revised Terms will be effective as of the date we provide you with such notice. Your continued use of this Site following the posting of any changes or updates will be deemed to be your agreement to abide by and be bound by these Terms. To request an earlier version of these Terms and Conditions, please contact us.
21 Choice of law and place of jurisdiction
These Terms and Conditions are governed by the laws of Switzerland. The courts of Switzerland shall have jurisdiction over any dispute relating to these Terms and Conditions. If any part or provision of these Terms and Conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to effectuate the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.
22. Contact information
This website is owned and operated by STIMIT AG.
You may contact us regarding these Terms and Conditions via our contact form.