Last updated on 07 September 2022
These Terms of Service constitute a legally binding agreement made between you personally or on behalf of a legal entity ("you") and Company ("Company," "we," "us," or "our") with respect to your access to and use of the https://exchange.valuequest.ch website and any other media form, media channel, mobile website, or mobile application associated, linked, or otherwise connected therewith (collectively, the "Website"). We are registered in Switzerland and have our registered office at Schönenbergstrasse 12, 8820 Wädenswil. Our VAT number is CHE-110.039.671. By accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents posted from time to time on the Site are hereby expressly incorporated by reference into these Terms of Use. We reserve the right, in our sole discretion, to make changes to these Terms of Use from time to time. We will notify you of any changes by updating the "last updated" date of these Terms of Use, and you waive the right to be notified separately of any such change. Please be sure to review the applicable terms each time you use our Website so that you understand which terms apply. By your continued use of the Website after the date of posting of the revised Terms of Use, you will be subject to, and will be deemed to have acknowledged and accepted, the changes to these Terms.
The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. Accordingly, persons accessing the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so you may not use the Website if your interactions would be subject to such laws. You may not use the Website in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
The Website is intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Website.
Unless otherwise indicated, the Website is owned by us, and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Website (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned by or controlled by or licensed to us and are protected by copyright and trademark laws and various other intellectual property and unfair competition laws of the United States, international copyright laws and international conventions. The Content and the Marks are provided on the Site "as is" solely for your information and personal use. Except as expressly provided in these Terms of Use, no portion of the Site and no Content or Marks may be copied, reproduced, summarized, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
Provided that you are authorized to use the Website, you are granted a limited license to access and use the Website and to download or print one copy of the Content to which you have been properly granted access solely for your personal, non-commercial use. We reserve all rights in the Site, the Content and the Marks not expressly granted to you.
By using the Website, you represent and warrant that: (1) that all registration information you submit is true, accurate, current and complete; (2) that you will maintain the accuracy of such information and promptly update the registration information as necessary; (3) that you have legal capacity and agree to abide by these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you are not accessing the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you are not using the Site for any illegal or unauthorized purpose; and (7) your use of the Site does not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You may be asked to register on the Website. You agree to keep your password confidential and are responsible for the use of your account and password. We reserve the right to remove, reclaim or change any username you choose if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
You may not access or use the Website for any purpose other than that for which we make it available. The Website may not be used in connection with any commercial endeavor unless expressly endorsed or authorized by us.
As a user of the Website, you agree to refrain from the following
The Website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or send content and materials to us or on the Website, including, but not limited to, text, writings, videos, audio files, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, "Contributions"). Contributions may be viewed by other users of the Site and through third party websites. Therefore, any Contributions you submit may be treated as non-confidential and non-proprietary. By creating or providing Contributions, you represent and warrant that:
By posting your Contributions to any part of the Site, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title those Contributions (including your image and voice) for any purpose, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, but not limited to, Your Image and Your Voice) for any commercial, advertising, or other purpose, and to create derivative works therefrom or incorporate such Contributions into other works, and to grant and authorize sublicenses of the foregoing. Use and distribution may be in all media formats and through all media channels.
This license applies to all forms, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, and any trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no moral rights in your Contributions have been asserted.
We do not assert any ownership rights in your Contributions. You retain full ownership of all of Your Contributions and any intellectual property or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations made in Your Contributions that you provide in any area of the Site. You are solely responsible for your Contributions on the Site and expressly agree to hold us harmless from any liability and to refrain from any legal action against us with respect to your Contributions.
We have the right, in our sole and absolute discretion, to (1) edit, redact or otherwise change any Submission, (2) re-categorize any Submission for more appropriate placement on the Site, and (3) pre-screen or delete any Submission at any time, for any reason, without notice. We have no obligation to monitor your Submissions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site ("Submissions") that you provide to us are non-confidential and become our sole property. We have exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and you hereby warrant that such Submissions originated with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
We reserve the right, but have no obligation, to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including but not limited to reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, deny, restrict access to, limit availability of, or disable (to the extent technically feasible) your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove or otherwise disable from the Site any files or content that are excessive in size or in any way burden our systems; and (5) otherwise manage the Site in a manner that protects our rights and property and facilitates the proper functioning of the Site.
Privacy and data security are important to us. Please read our privacy policy: https://exchange.valuequest.ch/privacy-policy. By using the Website, you agree to our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Website is hosted in Switzerland. If you are accessing the Website from another region of the world that has laws or regulations governing the collection, use, or disclosure of personal information that differ from those in Switzerland, your continued use of the Website transfers your information to Switzerland and you consent to the transfer and processing of your information in Switzerland.
These Terms of Use shall remain in full force and effect for as long as you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANYONE FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POST AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, including but not limited to civil, criminal and injunctive remedies.
We reserve the right to change, modify, or remove content from the Website at any time, for any reason, in our sole discretion, and without prior notice. However, we are under no obligation to update any information on our website. We also reserve the right to modify or discontinue all or any part of the Website at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website.
We cannot guarantee that the Website will be available at all times. We may experience hardware, software or other problems, or we may need to perform maintenance related to the Website, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Website at any time, for any reason, without notice to you. You agree that we will not be liable for any loss, damage or inconvenience caused by your inability to access or use the Website during any downtime or suspension of the Website. Nothing in these Terms of Use shall be construed as imposing any obligation on us to maintain and support the Website or to provide any corrections, updates or releases in connection therewith.
These Terms shall be governed by and construed in accordance with the laws of Switzerland, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. If you are ordinarily resident in the EU and are a consumer, you shall additionally enjoy the protection afforded to you by the mandatory provisions of the law of your country of residence. Company Name and you submit to the non-exclusive jurisdiction of the courts of Zurich, which means that you may assert your consumer protection rights with respect to these Terms of Use in Switzerland or in the EU country in which you reside.
In order to expedite and control the costs of resolving any dispute, controversy, or claim relating to these Terms of Use (each, a "Dispute" and collectively, the "Disputes") brought by you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to informally negotiate any Dispute (other than the Disputes expressly identified below) for at least thirty (30) days prior to initiating arbitration. Such informal negotiations shall commence upon written notice from one party to the other party.
All disputes arising out of the relations between the Parties shall be decided by an arbitrator selected in accordance with the Rules of Arbitration and Internal Arbitration of the European Court of Arbitration, which is part of the European Centre for Arbitration located in Strasbourg, as in force at the time of submission of the request for arbitration, and whose acceptance of this clause shall be deemed consent. The seat of the arbitration shall be Wädenswil, Switzerland. The language of the proceedings shall be German. The applicable substantive law shall be the law of Switzerland.
The parties agree that any arbitration shall be limited to the dispute between the individual parties. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there shall be no right or authority to arbitrate a Dispute on a class action basis or to bring class actions; and (c) there shall be no right or authority to bring a Dispute as a purported representative of the general public or other persons.
The parties agree that the following disputes shall not be subject to the informal negotiation and binding arbitration provisions set forth above: (a) any dispute involving the enforcement or protection or validity of a party's intellectual property rights; (b) any dispute relating to or arising out of allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party will elect to arbitrate any dispute covered by the portion of this provision found to be illegal or unenforceable, and such dispute will be resolved by a court of competent jurisdiction within the jurisdiction listed above, and the parties agree to submit to the personal jurisdiction of such court.
Information on the Site may contain typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Website at any time without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND ITS USE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL DATA AND/OR FINANCIAL DATA STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION DISPLAYED IN A BANNER OR OTHER ADVERTISEMENT, AND WE ARE NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US OR USD 0.00. CERTAIN U.S. STATE AND INTERNATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) your postings; (2) your use of the Site; (3) your violation of these Terms of Use; (4) your breach of any representations and warranties set forth in these Terms of Use; (5) your violation of any rights of another, including but not limited to intellectual property rights; or (6) any overtly harmful acts to other users of the Site with whom you are connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of any such claim. We will use reasonable efforts to notify you of any such claim, action or proceeding that is the subject of this indemnification as soon as we become aware of it.
We store certain data that you submit to the Website in order to administer the performance of the Website, as well as data that relates to your use of the Website. Although we routinely back up data on a regular basis, you are solely responsible for any data that you submit or that relates to any activity that you have performed on the Website. You agree that we shall have no liability to you for any loss of or damage to such data, and you hereby waive any right of action against us arising from such loss or damage to such data.
Visiting the Site, sending e-mails to us, and completing online forms constitute electronic communications. You agree to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Website satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any law, regulation, rule, ordinance or other law in any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or to make payments or grant credit by other than electronic means.
If a complaint is not satisfactorily resolved with us, you may contact us in writing at the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign our rights and duties, in whole or in part, to any third party at any time. We are not responsible or liable for any loss, damage, delay or inaction caused by any cause beyond our reasonable control. If any provision or portion of a provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision or portion of a provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use shall not be construed against us merely because we authored them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the failure of the parties to sign these Terms of Use.
To resolve a complaint regarding the Site or to obtain additional information regarding your use of the Site, please contact us at:
ValueQuest GmbH
Schönenbergerstrasse 12
8820 Wädenswil
Switzerland