Disclaimer
1. Use of the site
These terms of use (below the Disclaimer) apply to the site www.kipiwi.com, hereinafter referred to as the "Site". This Site was created and is managed by KIPIWI.COM, BP 723, CH-1211 Geneva 13,
Access to the Site is in principle open and free. If necessary, you must register on the Site, communicate certain data and eventually create an access code and/or password to use the services proposed by the site, some of which can be subject to a charge. If you do not accept the conditions of these services or the privacy policy linked to these services, you may not use the proposed services. In the event of paid access to certain services, you will be informed before your registration at the appropriate place, specifying the applicable conditions, the prices and the method of payment.
These conditions apply to the use of all the pages of the Site. At the same time, other online conditions or contracts can be found on the Site to regulate specific situations or services proposed by the Site. These conditions will be proposed to you and you must formally accept them before all use of these specific services or situations.
Kipiwi reserves the right to adapt the Disclaimer at all times, without prior notice and this in particular in the light of evolutions in the laws or case laws. We advise you therefore to regularly consult the Disclaimer in order to see its most recent version. As far as possible, in the event of substantial modification of the Disclaimer, any information on this subject will be posted on the Site.
The Site is in principle permanently accessible without interruption, programmed or not, for the needs of its maintenance or in the event of force majeure.
Kipiwi may on no account be held responsible for any damage, of any nature, resulting from the unavailability of the Site.
2. Information proposed by the Site
Kipiwi permanently manages and adapts the Site in order to give visitors the most recent information concerning its products, its services and its activities. The aim of the Site is to inform visitors as effectively as possible. Should erroneous information be published, Kipiwi shall do everything in its power to correct it as soon as this error is detected. Kipiwi cannot be held liable for the accuracy or exhaustiveness of the information that are consulted on the Site.
The information published on the site is general in nature and is not designed to answer an individual need, is not necessarily complete, or updated, and does not constitute advice or recommendations. Kipiwi does not guarantee either the accuracy or the legality of the information published or proposed on the site (including the advertisements that are published under the responsibility of the advertiser). The Site’s content (including the hyperlinks) can be adapted, modified or completed at all times without any notice or communication.
The aim of the Site is purely to provide information and on no account will an order or request for services be finalised by a sole visit to the Site. Therefore, the Site does not constitute a firm offer, and any commercial request will always be subject to your registration on the Site in the appropriate sections and the acceptance of Kipiwi, which is not required to justify its decision. A confirmation from Kipiwi will always be necessary.
3. Liability of Kipiwi
Kipiwi does not guarantee the permanent availability, without error or interruption, of all the functions of the Site, or the immediate repair of errors or the total absence of virus or of any other damaging element on the Site or coming from it.
Kipiwi cannot therefore be held responsible for any loss or any damage (direct, indirect, material or immaterial) suffered in liaison with the use of the Site or the impossibility of using the Site.
Kipiwi waives all responsibility in the event of inappropriate or fraudulent use of the information provided on the Site.
4. Hyperlinks towards the Site
The creation of links towards the Site must be communicated to the Site administrator. The link must be set up in such a way that a new additional window opens in the browser only proposing the Site’s home page. Deep linking is prohibited.
Hyperlinks towards other sites.
The Site can contain direct and indirect hyperlinks towards other sites of institutions and individuals who, are either linked to Kipiwi, or totally independent of Kipiwi, which shall on no account be responsible for any content or privacy policy that is part of a site towards which a link proposed by the Site leads. The establishment of hyperlinks towards one or several other sites, including the links established in these sites, in no way means that there is an association, partnership, affiliation or approval of any kind with the institutions proposing these sites.
As soon as Kipiwi becomes aware of content that is illegal or that does not correspond to the pursued aim on a site towards which a link proposed by the Site refers, the hyperlink will be withdrawn from the Site, without this incurring Kipiwi's liability for the period during which the hyperlink was proposed on the Site.
5. Content proposed by the Site users
Certain users of the Site (the Members registered after having accepted the general conditions of the Site) will have the opportunity to use and to provide content (text, photo material or other) and to post it on a part of the Site. Within the framework of the contractual relations between Kipiwi and these Members, they give Kipiwi the explicit authorisation to reproduce and communicate the content that they have proposed to the public via internet world wide and without limitation of duration.
The users are fully and solely responsible for the content of their contribution(s) and for the consequences of their information disseminated via the Site. Kipiwi here only plays the role of a technical intermediary and host. The users have contractually guaranteed to Kipiwi that it holds all the rights and authorisations necessary for the reproduction and communication to the public on the Site as regards the copyright, the neighbouring rights, the industrial property rights, the image right and more generally, have guaranteed Kipiwi against all recourse from third parties. The Members have also undertaken not to propose content that is illegal or that prejudices third parties.
Kipiwi does not have the possibility of exerting any prior control over all the contents proposed by the users and is not able to detect infringements against third party rights. However, Kipiwi has expressly reserved the right not to disseminate or to delete from its Site any illegal content, or any content of which it can reasonably suppose or about which it has been informed by a visitor or an interested third party that it constitutes a breach of third party rights and this, as soon as Kipiwi has had knowledge of any suspicion of breach of third party rights and this, immediately, without previously alerting the user that has transmitted the content in question and without having to provide proof of any illegality or breach of third party rights.
Kipiwi reserves the right to subsequently inform all Members in the event of suppression of content and to take all appropriate measures to avoid any recurrence, including a temporary or definitive ban on using the Site or any part of the proposed services. In the event of illegal and/or harmful content, Kipiwi can, without notice, take all necessary and adequate measures, including the warning of the competent legal authorities or other control authorities.
If you notice or think that you notice content that appears to be illegal, shocking or objectionable or if you consider that your rights or the right of third parties have been violated by the dissemination of contents proposed by Site users, you have the possibility of reporting this by using the appropriate section on the Site and by specifying the address of the Site’s page where you have found this content, the date and the time you noticed the content this and the reasons why you believe that this content must be withdrawn.
6. Intellectual property
The texts, photos, formatting, layouts, slogans, illustrations and other elements featuring on the Site are protected by copyright. The commercial name Kipiwi, the trade marks, the logos, designs, slogans and databases are protected. Any reproduction, adaptation, translation, arrangement, use or modification of all or part of the Site, in whatever form and by any means whatsoever, is strictly prohibited without the prior and written authorisation of Kipiwi.
The users of the Site expressly undertake to fully respect the copyright belonging to Kipiwi and to third parties. Kipiwi reserves the right to take all measures that it deems appropriate in order to prevent or put an end to its copyright, without being held liable as a result of these measures.
Kipiwi only authorises the visitor to copy, print and use the Site’s data on the sole condition that they are used for the information of the visitor and at the exclusion of any multiplication, distribution or commercialisation.
8. Privacy
The Kipiwi policy governing respect for personal data concerning simple visitors to the Site can be accessed here : privacy policy.
When registering for the services, a specific policy governing the respect of personal data will be proposed to you before you subscribe to any of the Kipiwi services.
9. Visitor responsibility
By accessing the information proposed on the Site, you waive any complaint or recourse, of whatever nature, concerning the use of the data or the information provided on the Site against Kipiwi. Kipiwi may on no account be held liable in the event of damage of any nature, whether consecutive or fortuitous.
Similarly, by accessing the information proposed by the Site, you accept all risks inherent to its use and to waive any claim against Kipiwi, including the risk of damages caused to a computer, a software or data by a virus that could be transmitted or activated by the Site or by the fact that you have accessed it.
10. Site security
To ensure the Site’s security, Kipiwi shall take all the necessary measures such as security audits, encryption techniques, secured environments and all reasonable measures and procedures according to the state of the art in the matter. Certain zones of the Site may be reserved and linked to access modalities. In the event of an attack on the Site, computer crime or any other non authorised attempt to access all or part of the Site, Kipiwi shall use all legal means available to preserve the integrity of the Site in cooperation with the competent legal and police authorities.
11. Nullity of a clause
The nullity, illegality or non-applicability of one or several clauses in the Disclaimer shall not lead to the nullity or the non-applicability of the other clauses. The totally or partially illegal, nil or inapplicable provision shall be considered as nil and void. All other terms and conditions shall remain applicable. The clause declared nil and void shall then be replaced by another clause with the same effect.
12. Applicable law
As your visit to the Site implies your agreement to this Disclaimer and thus constitutes an on-line agreement, you accept that any complaint or action relating to the Site or to any data featuring on it, are governed by Swiss law. By consulting the Site, you acknowledge the competence of the courts and tribunals of