User agreement between the user and KASAG Swiss AG for use of the www.kasag.com (www.kasag.ch, www.kasag.swiss) Internet portal and other services of KASAG Swiss AG by the user

Version of 1 May 2018

The KASAG Swiss AG Internet portal comprises various websites operated by KASAG Swiss AG.

You may use the Internet portal and services of KASAG Swiss AG provided you agree to all the following conditions, without any modifications. Your use of the Internet portal and services of KASAG Swiss AG indicates your agreement to be bound by these conditions.

By using the Internet portal and services of KASAG Swiss AG, you agree that you will not use these for any purpose that is unlawful or prohibited by these Terms of Use and you will not breach these. You may not use the Internet portal and services of KASAG Swiss AG in any manner which could adversely affect, overburden, or disable the Internet portal and services of KASAG Swiss AG or interfere with cooperation with other users, or impair use. You may not retrieve materials or information of any kind not explicitly provided by KASAG Swiss AG.

If you breach these Terms of Use and KASAG Swiss AG does not detect this or KASAG Swiss AG takes no action against this, KASAG Swiss AG reserves the right to at any time and thereafter avail itself of all remedies available to it in law.

Modification of the Terms of Use

KASAG Swiss AG reserves the right to change the Terms of Use of the Internet portal at any time. 

Contact data

If you have any questions regarding our Internet portal and services, please contact us using the following contact data:

Commercial register number:          CH-053.3.000.822-1
VAT number:                                  CHE-105.929.062 MWST
Business Identification Number UID:  CHE-105.929.062

Availability of the Internet portal and other services

The Internet portal and other services of KASAG Swiss AG are available 24 hours a day. Nonetheless, availability may be interrupted due to essential maintenance work on the system. Interruptions in availability may occur inter alia resulting from force majeure or other reasons beyond the control of KASAG Swiss AG. 

KASAG Swiss AG assumes no liability whatsoever for damage arising from an interruption in the availability of the portal or other services and reserves the right to remove the Internet portal and other services at any time.

Links to other Internet portals and services

The Internet portal and other services of KASAG Swiss AG may contain links to external websites (“Linked Sites”). The Linked Sites are not under the control of KASAG Swiss AG and KASAG Swiss AG is not responsible for the content of any Linked Sites, including any link contained on a linked site, or any updates to a linked site. 

Other websites and services (e.g. social media) may contain a link to the Internet portal of KASAG Swiss AG. Any such link not set by KASAG Swiss AG itself requires our prior consent. 

Please draw our attention to any illegal and dubious content of Linked Sites.

Use of Communication Services

The Internet portal and services of KASAG Swiss AG may contain or refer to a bulletin board, social media channels, discussion forums, communities, personal websites, data portals, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or KASAG Swiss AG (collectively, “Communication Services”). You agree to use these Communication Services only to exchange information and messages and use material that corresponds to the objective of the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service you will not:

- Defame, abuse, threaten, or otherwise express yourself in an abusive manner that violates the legal rights of natural persons or legal entities.

- Publish, post, upload, distribute, or disseminate any material or information that includes inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content.

- Upload files that contain software or other material protected by intellectual property laws or by rights of privacy, unless you own or control the rights thereto or have received all necessary consents.

- Upload files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of another’s computer. 

- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service explicitly permits such messages.

- Conduct or forward surveys, contests, prize competitions, or chain letters.

- Download any file posted by another user of a Communication Service that, you know or reasonably should know, cannot be legally distributed in such manner. 

- Falsify or delete any author attributions, proprietary designations, or references to the owner of publications, documents or software that you upload onto the Internet portal or services.

- Restrict or inhibit any other user from using the Communication Services.

- Violate any code of conduct which may be applicable to any particular Communication Service.

- Gather information and data about other users and violate any applicable laws in any way.

KASAG Swiss AG has no obligation to monitor or log the Communication Services and assumes no liability for any consequence of your use of the Communication Services. However, KASAG Swiss AG reserves the right to review and at its discretion remove any published materials and block access to or delete any user accounts made available by KASAG Swiss AG at any time without notice for any reason whatsoever.

KASAG Swiss AG reserves the right at all times, to satisfy any applicable law, judicial decision or governmental request, to remove, in whole or in part, edit or refuse to publish any information, without further notice to the user.

Documents uploaded to a Communication Service may be subject to restrictions on publication, distribution or dissemination. As a user you are responsible for complying with these conditions if you download files.

KASAG Swiss AG does not claim ownership of the materials you upload or post to or publish on the Communication Services or connected services of KASAG Swiss AG. However, by uploading, posting or publishing such materials, you grant KASAG Swiss AG the right to use those materials without limitation and without compensation.

By posting, inputting, or uploading materials you warrant and represent that you own or otherwise control all the rights to those materials necessary for them to be used as described in this section, including all rights necessary for any publication.

Data protection

See Privacy Statement of KASAG Swiss AG.

Liability Disclaimer

The information, and the descriptions of software, products and services that are available on or through the Internet portal and services of KASAG Swiss AG may include inaccuracies or typographical errors. Changes are made to the content on an ongoing basis. KASAG Swiss AG and its suppliers may make additions to and/or changes in the content at any time. Advice received via the Internet portal and services of KASAG Swiss AG should not be relied upon for personal, medical, legal, or financial decisions and you should always consult a qualified professional for specific advice tailored to your situation.
 

KASAG Swiss AG and/or its suppliers make no representations about the accessibility, availability, reliability, and accuracy of the information, software, products, services and graphics contained on the Internet portal and services of KASAG Swiss AG. To the maximum extent permitted by applicable law, all such information, software, products, services and graphics are provided “as is” without warranty or assurance of any kind. KASAG Swiss AG and/or its suppliers hereby disclaim all warranties and assurances with regard to this information, products, services, and related graphics, including all implied warranties or terms of trade, usability for a particular purpose, etc. 

To the maximum extent permitted by applicable law, in no event shall KASAG Swiss AG and/or its suppliers be liable for any direct, indirect, negligent or incidental damages, or any damages whatsoever, including damages for loss of data and profits or consequential damages arising out of or in any way connected with the use or operation or non-availability of the Internet portal and services of KASAG Swiss AG, or related services, including for any information, software, products, services and graphics obtained from the website, irrespective of whether these arise from contractual or non-contractual circumstances, even if KASAG Swiss AG or any of its representatives or its suppliers has been advised of the possibility of damages. Since some jurisdictions do not allow the exclusion of liability for consequential damages, this Liability Disclaimer may not apply to you. If you are dissatisfied with the KASAG Swiss AG website or with any of these Terms of Use, your sole and exclusive remedy is to cease using the KASAG Swiss AG website.

The legally relevant documents of KASAG Swiss AG published on the Internet portal of KASAG Swiss AG are:

- General terms and conditions of sale

- General terms and conditions of purchase

- Supplier Code

- Privacy Statement

These documents are currently valid and binding. Should these documents not be available via the Internet portal for any reason whatsoever, the user is obliged to obtain them from us (see above, Contact data).
 

Termination and Access Restriction

KASAG Swiss AG reserves the right to terminate your access to the Internet portal and services of KASAG Swiss AG at any time without notice at its own discretion. 
 

Copyright notice, trademark protection, infringement of intellectual property rights

All content of the Internet portal and services of KASAG Swiss AG, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, etc. is the property of KASAG Swiss AG or of third parties that supply or provide content and is protected by copyright, trademark and intellectual property rights. The content in its totality is the sole property of KASAG Swiss AG.

You may not systematically extract and/or reuse any content of KASAG Swiss AG without our explicit written consent. In particular, without the explicit written consent of KASAG Swiss AG, you may not undertake any data mining of its Internet portal and services, or use robots or similar data collection or extraction programmes in order to extract any material parts for reuse (whether once or more than once). Furthermore, without the explicit written consent of KASAG Swiss AG you may not create and/or publish your own database that contains material or immaterial parts of the Internet portal and services of KASAG Swiss AG.

If you believe that your intellectual property rights are being used in a manner that gives reason to suspect a violation, please inform us.

Electronic communication

If you use the Internet portal and services of KASAG Swiss AG or send e-mails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, e.g. via e-mail, test messages or through the publication of electronic messages or other communications on our Internet portal or within the framework of other services provided by KASAG Swiss AG. For contractual purposes, you agree to receive electronic communications from us and agree that all consents, notifications, publications and other communications are made by electronic means, unless legal provisions whose application is mandatory require a different form of communication.

Place of jurisdiction and applicable law

Exclusively the law of Switzerland, with Bern, Switzerland, as the place of jurisdiction, shall apply to any differences of opinion and disputes that arise in respect of these Terms of Use. Should these Terms of Use been breached, KASAG Swiss AG is at all times entitled to initiate legal proceedings at the place of the user. 

Unless otherwise stated, this Agreement constitutes the sole contractual basis between the user and KASAG Swiss AG, which determines the relationship between KASAG Swiss AG and the user and the use of the Internet portal and services of KASAG Swiss AG, and replaces all previous and provisional agreements that were made in electronic, oral or written form. 

Final provisions

If a provision of these Terms of Use is invalid or unenforceable pursuant to applicable law, the invalid or unenforceable clause shall be replaced by a valid clause that comes closest to the intention of the original provision and the remainder of the Agreement.

These Terms of Use are written in German. The English-language version is only for support, without any legally binding effect.