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.

These terms of use (“Terms of Use”) set out the legal terms and conditions on which we allow you to access our Website (whether as a registered user or as a guest). By accessing, browsing or otherwise using our Website, you accept these Terms of Use, without limitation or qualification. If you do not accept these Terms of Use, you are not entitled to access or use the Website and you should leave the Website immediately.

1.Understanding these Terms of Use

1.1 When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

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.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.

2.2 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.

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.

3.2 We have the right to disable any accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

4.Our rights

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.

4.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use. You must not use our Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

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.Our liability

5.1 Nothing in these Terms of Use excludes or limits our liability for:

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.Viruses

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

We only use your personal information in accordance our Privacy Policy (available at Privacy Policy). Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.

9.Governing law and jurisdiction

These Terms of Use are governed by Swiss law. You and we both agree that the courts of Zurich, Switzerland will have exclusive jurisdiction of any disputes.

10.Contacting us

If you have any questions about the Website or these Terms of Use, please contact us using the form on the Contact Us page of our Website (available at Contact Us) and our customer services team will be happy to assist you.

Thank you for visiting our Website.