Terms and Conditions

1. Introduction

 

These terms of use and conditions shall govern your use of our websites.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.

Our websites use cookies; by using our websites or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy and cookies policy.

 

2. Copyright notice

 

Copyright (c) 2018, Fischer Connectors SA

Subject to the express provisions of these terms of use and conditions:

    1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
    2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

3. Licence to use website

 

You may:

    1. view pages from our websites in a web browser;
    2. download pages from our websites for caching in a web browser;
    3. print pages from our websites;
    4. stream audio and video files from our websites; and
    5. use our websites’ services by means of a web browser, subject to the other provisions of these terms and conditions.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our websites.

We reserve the right to restrict access to areas of our websites, or indeed our whole websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites.

 

4. Acceptable use

 

You must not:

    1. use our websites in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the websites;
    2. use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    3. use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent;
    5. access or otherwise interact with our websites using any robot, spider or other automated means, except for the purpose of search engine indexing;
    6. violate the directives set out in the robots.txt file for our websites; or
    7. use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must ensure that all the information you supply to us through our websites, or in relation to our websites, is true, accurate, current, complete and non-misleading.

 

5. Registration and accounts

 

You may register for an account with our corporate website (www.fischerconnectors.com) by completing and submitting the account registration form on our corporate website, and clicking on the verification link in the email that the website will send to you. This account creation is dedicated for the sole purpose of Fischer Connectors’ employees and selected partners.

You must not allow any other person to use your account to access our corporate website.

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You must not use any other person’s account to access our corporate website, unless you have that person’s express permission to do so.

 

6. User login details

 

If you register for an account with our corporate website as an employee or as one of our selected partners, you will be asked to choose a user ID (E-Mail) and a password.

Your user ID must not be liable to mislead and must comply with the content rules set out in the Section below; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

As an employee or partner, you are responsible for any activity on our corporate website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

7. Cancellation and suspension of account

 

We may:

    1. suspend your account;
    2. cancel your account; and/or
    3. edit your account details,

at any time in our sole discretion without notice or explanation.

You may cancel your account on our corporate website by sending us a message to privacy@fischerconnectors.ch

 

8. Report abuse

 

If you learn of any unlawful material or activity on our websites, or any material or activity that breaches these terms and conditions, please let us know.

 

9. Limited warranties

 

We do not warrant or represent:

    1. the completeness or accuracy of the information published on our websites;
    2. that the material on the websites is up to date; or
    3. that the websites or any service on the websites will remain available.

We reserve the right to discontinue or alter any or all of our websites’ services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites’ services, or if we stop publishing the websites.

To the maximum extent permitted by applicable law and subject to the Section above, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our websites and the use of our websites.

 

10. Limitations and exclusions of liability

 

Nothing in these terms and conditions will:

    1. limit or exclude any liability for death or personal injury resulting from negligence;
    2. limit or exclude any liability for fraud or fraudulent misrepresentation;
    3. limit any liabilities in any way that is not permitted under applicable law; or
    4. exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

    1. are subject to the Section above; and
    2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

11. Indemnity

 

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

 

12. Breaches of these terms and conditions

 

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to our corporate website;
    3. permanently prohibit you from accessing our corporate website;
    4. block computers using your IP address from accessing our website;
    5. commence legal action against you, whether for breach of contract or otherwise; and/or
    6. suspend or delete your account on our corporate website.

Where we suspend or prohibit or block your access to our websites or a part of our websites, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

13. Third party websites

 

Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

We have no control over third party websites and their contents, and subject to the Section above we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

14. Trademarks

 

Fischer AluLite™, Fischer UltiMate™, Fischer MiniMax™, Fischer Freedom™ , LP360™, our logos and our other registered and unregistered trade marks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

15. Variation

 

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our websites from the date of publication of the revised terms and conditions on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

 

16. Assignment

 

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

17. Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

18. Entire agreement

 

Subject to Section 10, these terms of use and conditions, together with our privacy policy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our websites and shall supersede all previous agreements between you and us in relation to your use of our website.

 

19. Law and jurisdiction

 

These terms and conditions shall be governed by and construed in accordance with Swiss law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.

 

20. Our details

 

These websites are owned and operated by Fischer Connectors SA.

We are registered in Switzerland under registration number CHE‑109.869.648 and our registered office is at 1162 St-Prex, Switzerland.

Our Headquarters are located at Chemin du Glapin 20, 1162 St-Prex, Switzerland.

You can contact us:

    1. by post, using the postal address given above;
    2. using our website contact form;
    3. by telephone, on +41 (0)21 800 95 95; or
    4. by email, using mail@fischerconnectors.ch.

 

St-Prex, Fischer Connectors SA, 24.05.2018