“New Roots” Website

 

 

1. Preamble

 

The Internet user who visits the site is presumed to have read the present general conditions of use.

He/she is obliged to take note of any changes to these terms and conditions at each visit.

The present general conditions of use are not general conditions of sale or general conditions of service.

 They are intended to constitute the rule that must be respected by any Internet visitor visiting the site.

 

 

2. Definitions

 

The terms defined below shall have the following meaning between the parties: 

– “CGU”: these general conditions of use applicable to users of the site;

 – “Internet”: network of networks allowing the exchange of information using a protocol called TCP/IP. The data are routed through networks of different nature that are able to read the messages according to this technical standard;

 – The “Internet user” or “user”: any person accessing this site or using the features of this site;

 – “New Roots” means the publishers and editors of the Site on behalf of New Roots AG, a limited company registered in Switzerland under the number CHE-424.852.289, located at Burgdorfstrasse 36, 3872 Oberdiessbach, Switzerland;

– “Site” means the Internet site accessible at www.newroots.ch, which provides access to freely accessible web pages. 

 

 

3. Purpose

 

The purpose of this notice is to set out the conditions of use of the site applicable to all the pages of the site.

 Access to the site by the user implies that the latter has previously read these general conditions of use and has expressly accepted them.

 

 

4. Acceptance and enforceability of the GCU

 

The present general terms of use come into force on the date they are put online and are enforceable on the date of the first connection and use of the site by the user.

They are opposable during the entire period of use of the site and until new general conditions of use replace the present ones.

Users may use the site subject to prior acceptance of these general conditions of use.

The user has the option of saving and printing these terms and conditions of use using the standard functions of his browser.

He is informed that his acceptance of these general conditions is formalized by checking the box associated with the text “I have read the general conditions of use and accept them”.

This acceptance constitutes proof that the user has read the said provisions and constitutes acceptance of the present terms and conditions.

In the absence of acceptance of these general terms and conditions of use, it is up to the user not to use the site.

These terms and conditions may be modified or amended at any time by New Roots, particularly in the event of changes to the site.

 

 

5. Access to the site

 

Access to the site is free.

The site is in principle accessible 24 hours a day, 7 days a week, subject to periods of suspension, particularly for maintenance purposes.

All costs related to access, whether hardware, software or Internet access, are exclusively the responsibility of the user. The user is solely responsible for the proper functioning of his equipment and his access to the Internet.

Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, New roots makes its best efforts to allow access to and use of the site. 

However, New roots cannot guarantee absolute accessibility or availability of the site, unless specifically agreed otherwise in writing.

New roots reserves the right, without prior notice or compensation, to temporarily or permanently close the site or access to one or more remote services, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and accessibility times, without this list being restrictive.

New roots shall not be liable for any damages of any kind that may result from such changes or from the temporary unavailability or permanent discontinuance of all or part of the Site or its associated services. 

New Roots reserves the right to add to or modify the site and any services available on it at any time in the light of technological developments.

It is the user’s responsibility to ensure that the computer and transmission resources available to him/her are able to adapt to changes in the site.

 

 

6. Hypertext links

 

New roots reserves the right to set up hyperlinks on its website giving access to web pages other than those on its website over which New roots has no control.

 New roots declines all responsibility for the conditions of access to these sites and for the content of the information provided on these sites by virtue of the activation of hyperlinks.

Any user who has a personal website and wishes to place, for personal and commercial purposes, a simple link to the homepage of the New roots website, or a deep link (whether commercial or not), on his or her site must obtain the express authorisation of New roots to establish this link.

Under no circumstances may this authorization be considered as an implicit affiliation agreement.

 

 

7. Personal data

 

In accordance with the Federal Data Protection Act of June 19, 1992, the user is hereby informed that New roots, as the controller or master of the file, processes personal data concerning the user. 

The rights of the user whose personal data is processed are set out in the New roots privacy policy, which can be accessed at the following link [to be completed].

 

 

8. Responsibility

8.1 General liability

New roots shall not be liable for :

– the quality of the site, the site being proposed “as is” ;

– the disruption of the use of the site;

– the impossibility of using the site

– computer security breaches, which may cause damage to users’ computer equipment and data;

– infringement of users’ rights in general.

 

8.2 Responsibility for information on the website

New Roots shall not be held liable for any direct or indirect damage resulting from access to or use of the website or the information contained therein, regardless of its nature.

The information on the site reflects an opinion at the time of its realization and not at the time of consultation of the site. It may need to be updated at the time of consultation for technical or other reasons.

New roots cannot be held responsible for any errors or omissions. 

Any update, new service or new feature that improves or enhances one or more of the existing information contents will be subject to these terms and conditions. 

New roots accepts no responsibility for the timeliness of decisions and performance by users based solely on information published on the site.

 

 

9. Responsibility of the user

 

The user undertakes to use the site, as well as all the information to which he/she may have access, only for personal reasons and for a purpose that is consistent with public order, good morals and the rights of third parties, under his/her own responsibility. 

The user undertakes not to disrupt the use that other users may make of this site and not to access parts of the site to which access is reserved.

 

 

10. Intellectual property

 

The content of the site, the general structure as well as the software, texts, animated and non-animated images, photographs, know-how and all other elements that make up the site are the exclusive property of New Roots or of third parties who have granted it a license to use.

The present general terms of use do not imply any transfer of intellectual property rights of any kind on the elements belonging to New Roots or its beneficiaries such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the user.

The user is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the services, the pages of the website, or the computer codes of the elements making up the services and the website, without the prior authorisation of New roots.

 Any reproduction and/or representation, in whole or in part, without the express authorisation of New roots, is prohibited and would constitute an infringement liable to engage the civil and criminal liability of the infringer.

 Consequently, the Internet user is forbidden to take any action or perform any act that may directly or indirectly infringe New roots’ intellectual property rights.

The same applies to any databases appearing on the site, which are protected by the applicable regulations on the protection of intellectual property.

 The distinctive signs of New Roots and its partners, such as domain names, trademarks, names and logos appearing on the website are protected by the regulations applicable to the protection of intellectual property. Any reproduction in whole or in part of these distinctive signs made from elements of the website without the express written permission of New roots is therefore prohibited.

 

 

11. Applicable law

 

These general conditions of use of the site are governed by Swiss law.