TERMS OF USE

This website (“Website”) is offered to you by UniComs Switzerland GmbH (“UniComs”), Bahnhofplatz,6300 Zug, Switzerland.
The following Terms of Use govern your access and use of this Website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Website (the “Content”) and to specific content, data, pictures, materials, or information you may upload, submit and/or publish to the Website (“User Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

ACCEPTANCE OF TERMS OF USE

By accessing or using this Website you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.

MODIFICATION OF TERMS

These Terms of Use may be amended by UniComs at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

UniComs reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice. UniComs reserves the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

PRIVACY POLICY

Personal information provided or collected through or in connection with this Website shall only be used in accordance with our Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Website.

DISCLAIMERS

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. UNICOMS AND ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT OR USER CONTENT.
This is a public Website. Do not submit confidential information here.

UniComs and its subsidiaries, affiliates, related companies, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by UniComs are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

THIS WEBSITE AND ANY INFORMATION PROVIDED ON IT IS NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL. DO NOT USE THIS WEBSITE AND ANY INFORMATION PROVIDED ON IT FOR SELF-DIAGNOSIS AND/OR SELF-MEDICATION. ALWAYS SEEK YOUR DOCTOR’S ADVICE FOR ANY HEALTH AND MEDICAL QUESTIONS YOU MAY HAVE. ANY HEALTH-RELATED INFORMATION PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. RELYING ON INFORMATION PRESENTED IN THIS WEBSITE IS AT YOUR OWN RISK.

CONTRIBUTOR AND USER CONTENT

By submitting any User Content, including pictures and personal stories, to the Website, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to you or another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You affirm, represent and warrant that the User Content, including pictures and stories, submitted to the Website does not infringe any proprietary right of another, such as but not limited to copyright, trademark, design, other intellectual property rights or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Website that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

You hereby grant to UniComs, its subsidiaries, affiliates, related companies, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sub-licensable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content, including pictures and personal stories, provided by you on this Website and other social media or in other UniComs marketing, advertising and public relations materials by any means and in any and all media.
You shall be solely responsible for your own User Content, including pictures and personal stories, and the consequences of posting submitting and/or publishing it. UniComs may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, UniComs, its subsidiaries, affiliates, related companies, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Website.

UniComs does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and UniComs expressly disclaims any and all liability in connection with User Content, including pictures and personal stories.

UniComs has the sole right and ability to edit and/or remove images, messages, stories or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact UniComs immediately by e-mail at [email protected]. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

LIMITATION OF LIABILITY

IN NO EVENT SHALL UNICOMS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBSITE, THE CONTENT OR THE USER CONTENT, INCLUDING PICTURES AND PERSONAL STORIES, EVEN IF UNICOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF UNICOMS.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

THIRD PARTY CONTENT/SOFTWARE

UniComs is in no way responsible for the content of any site owned by a third party that may be displayed or linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms of Use. Any link on our Website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and we take no responsibility therefore.

COPYRIGHT AND TRADEMARKS

Copyright and all intellectual and other proprietary rights in Content provided by UniComs, its affiliates, related companies, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Website, the compilation of data on the Website, and the order, sequence and arrangement of this Website, all belong to UniComs group of companies and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved.
Surecheck is a registered trademark of UniComs group of companies.

Surecheck and all other registered trademarks of UniComs group and its affiliates and related companies are important assets of the UniComs group of companies and related companies. Proper use of these trademarks is important and you should follow the instructions of UniComs when referencing our company’ products and services.

The use and registration of the Surecheck name is exclusively reserved to our company group. You may not register nor use a company name, brand name, statutory name, trade name, domain name or other name, indication or description, of which the Surecheck name or any name similar thereto or any name which consists of a part of the Surecheck name forms part nor shall it include any other registered trademark owned by UniComs group of companies, its affiliates and related companies.

PROPRIETARY RIGHTS IN THE WEBSITE

This Website is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a “publication” of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Website may be the subject of patents, copyrights, trademarks and other intellectual property rights of UniComs, its subsidiaries, affiliates, related companies, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

INDEMNIFICATION AND RELEASE

You agree to indemnify and hold harmless UniComs, its subsidiaries, affiliates, related companies, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content, including pictures and personal stories, you submit on the Website or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content, including pictures and personal stories, posted by you, UniComs reserves the right to reveal your identity and any other information UniComs may have about you.

If you have a dispute with one or more users, you release UniComs, its subsidiaries, affiliates, related companies, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

SHUT-DOWN OF SITE

We have the sole right to shut down the Website or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to upload, store or delete any Content and/or User Content submitted to the Website.

PRODUCTS

The Website may contain references to specific products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local UniComs business contact for further information.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

You agree to the jurisdiction of the courts in Switzerland for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Website, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Switzerland.

SEVERABILITY

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
NO WAIVER
No failure on the part of UniComs to enforce any part of these Terms of Use shall constitute a waiver of any of UniComs’ rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by UniComs nor the reliance of any person on UniComs’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of UniComs shall have any legal effect whatsoever.

HEADINGS

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

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