1. Area of Application The present Terms of Use between you and mijosa consulting (hereinafter “mijosa”) shall govern your access to the websites of mijosa (hereinafter “mijosa Websites”) and their use. In the individual case, the present Terms of Use may be supplemented, modified or replaced by further terms, e.g. for the acquisition of products and/or services. You have to carefully read and understand the present Terms of Use. Once you log in or, if any separate login is not required, start using the mijosa Websites, you shall be deemed to accept the application of the present Terms of Use in their respective version. You must not use the mijosa Websites if you do not agree to the present Terms of Use. 2. Scope of Services mijosa shall keep ready for retrieval or download on the mijosa Websites specific information, applications, services and software, along with documentation, where applicable (hereinafter “Information”). The corresponding information shall not constitute any legal offer on the part of mijosa. Any access to the mijosa Websites and use of the information made available shall be subject to the present Terms of Use. However, any separately agreed terms, e.g. when purchasing hardware or downloading software, shall prevail over the present Terms of Use. mijosa shall be entitled to discontinue the operation of the mijosa Websites in whole or in part and/or to change or replace the whole content or parts thereof without prior announcement. Due to the nature of the Internet and of computer systems, mijosa shall not assume any warranty for the uninterrupted availability of the mijosa Websites. 3. Usage Rights and Obligations mijosa shall grant you a non-exclusive and non-transferable right to access the mijosa Websites and to use their information to the extent provided for in the present Terms of Use or separately agreed with you and/or, if nothing has been agreed, in compliance with the purpose pursued by mijosa with the provision and transfer. You must not distribute, lease or transfer the information to third parties in any other manner. Unless otherwise permitted by any compulsory legal provisions, you must not modify, reverse engineer or decompile the information or parts thereof. You undertake to not spread on the mijosa Websites any malware, such as viruses, Trojan horses or any other programming that may damage the software and to use the reasonable diligence of an IT user in this regard. You undertake to not publish any content on the mijosa Websites that is unlawful, transgresses standards of public decency, violates any property rights of mijosa or third parties. If you provide any personal information, such information must be correct. 4. Intellectual Property Rights The information published on the mijosa Websites are protected by both copyright laws and international copyright agreements as well as other intellectual property laws and agreements. Only mijosa or third parties shall be entitled to such intellectual property rights. You shall be obliged to observe these rights, especially identifiers (codes), trademarks and copyright notices, and to not remove or modify any technical protective measures of the information or copies thereof. With the exception of any explicit approvals contained in the present Terms of Use to the contrary, any reproduction, adaptation, dissemination and any type of use of the intellectual property to the mijosa Websites and/or their information outside of copyright barriers shall require the prior written approval of mijosa or of the respective third-party owner. Any downloads, printouts and copies of the mijosa Websites and of the information shall only be permitted for private, non-commercial use, specifying the corresponding reference in any case. Any contents made available by you on the mijosa Websites shall not be regarded as confidential. To the extent that such contents are proprietary, you shall warrant that you are entitled to dispose of them and that their provision does not violate any third-party rights. You shall hereby grant mijosa a non-exclusive, transferable, sub-licensable, irrevocable, free, worldwide right to reproduce, adapt and disseminate such contents (i.e. including any data, images, graphics, sounds, texts, etc. contained therein) for any commercial and non-commercial purposes. mijosa shall not assume any responsibility for any use of such contents by third parties, with any corresponding liability being excluded. 5. Availability, Exclusion of Liability, Warranty The information published on the mijosa Websites has been prepared with care. mijosa endeavors to offer high availability of its Websites and regular updates of the information. However, mijosa shall not assume any assurance or warranty that the mijosa Websites are always available without interruptions and malfunctions or that their information is always correct and mijosa does not to assume any assurance or warranty for the correctness, completeness and topicality of the information or its marketability, satisfactory quality fitness for a particular purpose, accuracy, undisturbed use and non-violation of any third-party rights. Any liability for any loss or damage which may be caused by any use or retrieval of the mijosa Websites or by any links with any other websites shall be excluded to the extent permitted by law. The exclusion of liability shall apply, in particular, to the quality, topicality, correctness, validity, completeness, fitness for a particular purpose and availability of the mijosa Websites and/or their mijosa shall not be responsible in any case for any direct, indirect, immediate or incidental damage, consequential damage or penalties, including, but not limited to, lost profits, sales, transactions, goodwill losses, loss of reputation or other losses, caused in connection with or as a result of the present agreement or in any other manner in connection with the use of or inability to use the mijosa Websites or their information, regardless of the origin and notwithstanding the basis of liability. Any liability of mijosa for any damage to hardware and software as a result of the mijosa Websites or the use of their information shall likewise be excluded to the extent permitted by law. Before downloading and using any information, software and documentation, you shall be required, both for your own protection and to prevent any viruses or other malware, to use reasonable safety devices and a virus scanner. 6. Hyperlinks and Links The mijosa Websites may contain hyperlinks and other links to third-party websites. mijosa shall not assume any responsibility for the contents of such websites and mijosa shall not appropriate such websites and their contents, as mijosa will not control the linked contents and shall not be responsible for the contents held available there either. Their use shall be at your own risk. Subject to the conditions below, you may create hyperlinks on third-party websites to the mijosa Websites: (i) The information of the mijosa Websites must not be replicated. (ii) Any false or misleading impression that any business or other relationship exists between you and mijosa must be avoided under all circumstances. (iii) There must be a clearly recognizable reference. (iv) No browser or border environment must be created around any information of mijosa. (v) The third-party website must not contain any information that is unlawful or immoral and/or violates any third-party rights. 7. Indemnification If third parties assert any claims against mijosa in connection with your use of the mijosa Websites contrary to the agreement, you shall indemnify mijosa against any expenses, damage and losses resulting from the assertion of such claims. This shall especially also include any lawyer’s fees and court costs resulting from the defense against such claims. 8. Data Protection mijosa respects your privacy. The Privacy Policy shall stipulate how your user data shall be treated and how data protection shall be guaranteed. The Privacy Policy shall form an integral part of the present Terms of mijosa shall be entitled, at its discretion at any time, without prior announcement and without any notification to you, to remove your user data from the mijosa Websites. 9. Termination If you violate the present Terms of Use or if your behavior transgresses the standards of the laws, third-party rights or public decency, mijosa may cease your access to the mijosa Websites temporarily or permanently. 10. Severability Clause If any provision of the present Terms of Use is or becomes ineffective or contains any loophole, this shall not affect the legal effectiveness of the remaining provisions. The lacking or ineffective provision shall be deemed to be replaced by another provision which shall come closest to the initially intended, economic purpose. 11. Place of Jurisdiction and Applicable Law For any disputes from or in connection with the use of the mijosa Websites, the exclusive competence of the courts at the headquarters of mijosa in zurich, Switzerland, shall be agreed upon. The present Terms of Use shall be subject to Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 12. Contact Your opinion is very important to us. We are always happy to receive any comments and questions regarding the present Terms of Use at mijosa@mijosa.ch.
