1.2. Acceptation of the ToU.
1.3. Links to third party platforms.
The Services may contain links to third party platforms maintained by other content providers. Bestmile hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.
The ToU may be amended from time to time and such amendments shall be notified to visitors on the Website. By continued access or use of the Services after any amendment of the ToU, all visitors of the Website (the Visitors) agree to be bound by any such amendment.
2. Use of the Services and license
Subject to the Visitors’ compliance with the ToU, Bestmile grants Visitors a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services for, notably without limitation, (i) accessing, consulting and sharing news and information about Bestmile, its business activities, and its products and services; and (ii) consult and apply for job opportunities within Bestmile’s group.
To the extent permitted by applicable law, Visitors are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the Website; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the Website, to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the content of the Website. Without prejudice to the ToU, Bestmile and/or its licensors reserve all rights on the Services not expressly granted herein.
2.3. No obligations.
Bestmile shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. Bestmile reserves its right to edit, review or modify the content of the Services without prior notice at any time notably without limitation for purposes of compliance with the ToU or any applicable law. Bestmile reserves its right to investigate on any infringement or behavior affecting the Services. Bestmile reserves its right to cooperate with competent authorities in case of violation of any applicable law.
2.4. Representations and warranties of Visitors.
Visitors represent and warrant (i) not to infringe, or cause a third party to infringe, any applicable law or regulation; (iii) not to use the Services for any unlawful purpose; (iv) not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (v) not to include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (vi) that their use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3. Intellectual property
3.1. Ownership of Bestmile.
Bestmile and its licensors own the copyright and all intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties.
If Visitors think that the Services or the provision of any content of the Services infringe any copyright or other intellectual property right, Visitors may at all times contact Bestmile at info@Bestmile.com
and ask Bestmile to remove such content from the Services.
4. Privacy and data protection
5. Suspension and termination of use
Suspension and termination. Visitors agree that Bestmile may, at Bestmile’s sole discretion, suspend or terminate their access and/or use to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, their right to access and/or use the Services will immediately cease, and subject to applicable law, Bestmile reserves the right to remove or delete any information and/or content.
6. No warranties and liability
6.1. No warranties.
Visitors agree that their access and use of the Services shall be at their sole risk and liability. Visitors acknowledge that the content of the Services is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, Bestmile disclaims all warranties, express or implied, in connection with the Services and their access and use thereof.
6.2. No further representations and warranties.
Furthermore, Bestmile makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Visitors’ access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
6.3. No liability.
To the extent permitted by applicable law, Bestmile excludes all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use, or any reliance on any of the content provided on or otherwise in connection with the Services.
Visitors shall defend, hold harmless from and indemnify Bestmile for any claim, demand, suit, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by Bestmile from another User of the Services or a third party arising out of the Visitors’ access and use of the Services and/or any infringement of the ToU.
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.
If Visitors have any questions regarding the Services, or the ToU please contact Bestmile at info@Bestmile.com
10. Governing law and jurisdiction
10.1. Governing Law.
These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.