Terms of use.

01 Scope

These terms of use (ToU) apply to the website accessible at https://www.myswisskeeper.com/ (the Website), and any services available through the Website (the Services), which are provided by My Swiss Keeper SA, Route de Divonne 50A, c/o CRF Fiduciaire et Conseils SA, 1260 Nyon (we, our or MSK).

Any access to, and use of, the Website, the Services, or any content available on the Website (the Content), are subject to acceptance of these ToU. Anyone who accesses and/or uses the Website, the Services and/or the Content (a User or you) acknowledges having read, understood and agreed to these ToU.

02 Users duties and responsibilities

You must at all times comply with these ToU and all laws and regulations applicable to your use of the Website and Services. Subject to mandatory law to the contrary, you are not allowed to:

• use and/or access the Website and Services for purposes other than those provided for in these ToU;
• copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Website, the Services and/or the Content;
• access or attempt to access the source code of the Website, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website or its infrastructure;
• introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information;
• access or use the Website for the purpose of building a competitive product or service or copying its features or user interface;
• gather the email addresses or other Content available on the Website for purposes of spamming or for any non-personal or commercial purposes; and
• allow third parties to use all or part of the Website, Services or Content to which access is restricted.

Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Website or refuse to provide the Services.

03 Support, maintenance and availability

If you encounter any problem regarding the Website, you may submit a request to our support team by email at contact@myswisskeeper.com and we will revert as soon as possible.

We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Website, the Services and the Content. Although we will use reasonable endeavours to maintain their availability, we do not guarantee it.

04 Amendment and suspension

We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website, any Content or any Service, with or without notice, without incurring any liability.

06 Intellectual property

We and our licensors own the copyright and all intellectual property rights in and to the Website, the Services and the Content.

Subject to your compliance with these ToU and any additional applicable terms referred to on the Website, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited licence, without the right to sub-licence, to access the Website and the Content for your own personal use, strictly for the purpose of using the Website and the Services in accordance with these ToU. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Website or the Services on behalf or for the benefit of any third party. We and/or our licensors reserve all rights to the Website, the Content and the Services not expressly granted herein.

If you think that the Website, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at contact@myswisskeeper.com and we will investigate your request.

Although we are always appreciative of any suggestion or idea for improving or otherwise modifying the Website or any Services (Feedback), we have not agreed to and do not agree to treat as confidential any Feedback you may provide to us. Nothing in these ToU or in the interactions between you and us will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you.

07 Warranty

The Website, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Website, Services or Content. In particular, we make no warranty, express or implied, commitment or representation that (i) the Website will meet your needs, (ii) the operation of the Website will be uninterrupted, secure or error-free, (iii) the information and Content available on the Website will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Website will be accurate or reliable, or (v) we will ensure continued compatibility of the Website with any third-party products, even if they were compatible at any given moment. You access and use the Website and the Services at your sole risk.

The Website may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.

The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Website, you accept these risks. We decline all responsibility in this respect.

08 Liability

You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Website or the Services, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Website, (iv) the Content available on the Website, as well as all linked websites and all documents disseminated on the Website, (v) any other cause relating to the Website.

Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service.

09 Severability

If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

10 Applicable law and dispute resolution

These ToU and the relationship between you and us shall be governed by Swiss law. The competent courts at the registered office of MSK have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.

11 Contact

For any questions regarding the Website or the ToU, you may contact us at contact@myswisskeeper.com.

12 Translations and amendments

Translations

The original language of these ToU, as well as all other texts throughout the Website, is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Amendments

These ToU may be amended from time to time, in which case you will be notified by any appropriate means (including via e-mail, or via the Website, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Website subsequent to this notification shall constitute acceptance of the ToU, as amended.