Last updated 9 August 2013
We are Nescens AU Group AG, a company registered in Switzerland with company registration number CH020.3.914.389-2, and we operate the Website. Our principal place of business is at Industriestrasse 8, 8604 Volketswil, Switzerland.
1.2 When we refer to “we”, “us” or “our”, we mean Nescens AU Group AG. When we refer to “you” or “your” we mean you, the person accessing or using our Website.
2.1 Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.3 WE DO NOT GUARANTEE THAT THE WEBSITE, OR ANY CONTENT ON IT, WILL BE FREE FROM ERRORS OR OMISSIONS. WE USE REASONABLE EFFORTS TO INCLUDE ONLY ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, CONCERNING SUCH INFORMATION.
2.4 The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
3.Your account and password
3.1 If you resister with us, you will be asked to provide your email address and password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party.
4.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Nescens AU name and mark and Nescens AU’s product names, images and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
4.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy Nescens AU products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
5.1.1 death or personal injury caused by our negligence;
5.1.2 fraud or fraudulent misrepresentation; and
5.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
5.2 THE WEBSITE IS MADE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
5.3 WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
5.3.1 USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
5.3.2 USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
5.4 IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:
5.4.1 LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
5.4.2 BUSINESS INTERRUPTION;
5.4.3 LOSS OF ANTICIPATED SAVINGS;
5.4.4 LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
5.4.5 ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
5.5 IF YOU ARE A CONSUMER USER, PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
5.6 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
5.7 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR WEBSITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
5.8 Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any Nescens AU products by us to you. These are set out in our Terms and Conditions of Sale.
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website and we recommend that you use your own virus protection software.
6.2 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
7.Buying Nescens AUproducts
If you use the Website to buy products from us, our Terms and Conditions of Sale (available at Terms and Conditions) will apply to your purchase. Please take the time to read our Terms and Conditions of Sale as they include important information and terms. If you do not accept our Terms and Conditions of Sale, you are not permitted to buy products from us through the Website.
8.Your personal information
9.Governing law and jurisdiction
Thank you for visiting our Website.