Last Revised Date: 01/06/2020
Effective Date: 01/06/2020
By accessing or using this website, platform, desktop or mobile application, and all other digital and online systems (collectively called the “Platform”) of Idoneus International AG (“Idoneus”), Zug, Switzerland, company number CHE-437.383.973, whose address details are shown at the end of these Terms and Conditinos of Use (“these Terms”), you hereby accept and agree to comply with these Terms. You acknowledge that these Terms constitute a binding agreement between you and Idoneus (sometimes referred to as “we” or “us”) that governs your access and use of the Platform, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Platform.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. EACH TIME YOU USE THE PLATFORM, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS IN CURRENT FORM. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
YOUR COMPLIANCE WITH THESE TERMS AND ALL OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE PLATFORM IS A CONDITION TO YOUR RIGHT TO ACCESS THE PLATFORM. YOUR BREACH OF ANY PROVISION OF THESE TERMS OR OTHER RULES, PROCEDURES, POLICIES, TERMS AND CONDITIONS THAT GOVERN ALL OR ANY PORTION OF THE PLATFORM WILL AUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE PLATFORM AND YOU WILL BE FULLY LIABLE FOR CONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS AND CAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROM OR RELATING TO YOUR CONTINUED USE OF THE PLATFORM AFTER SUCH BREACH.
Please note: Section 22 (Applicable Law and Venue) of these Terms contains a jurisdiction clause that applies to all Users. It has an impact on how disputes with Idoneus are resolved. By accepting these Terms, you agree to this jurisdiction clause. Please read it carefully.
- LIMITED RIGHT TO USE
Subject to section 4 of these Terms (User Registration), Idoneus grants you a limited, non-exclusive and non-transferable right to use the Platform. Your right to use the Platform is subject to your agreement to abide by these Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Platform. At any time and for any reason Idoneus may revoke your right to use all or any portion of the Platform.
- PURPOSE OF THE PLATFORM, NO AGENCY OR PARTNERSHIP
The Platform enables you and certain third parties who offer services (“Service Providers” and the services offered by the Service Providers are “Services”) to publish such Services on the Platform (“Listings”) and to communicate and transact directly with you who is seeking to book/use such Services, subject to section 4 of these Terms (User Registration).
If you choose to use the Platform for Listing or Services, your relationship with Idoneus is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Idoneus for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Idoneus. Idoneus does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services and Listing. You acknowledge and agree that you have complete discretion whether to list Services or otherwise engage in other business or employment activities.
As the provider of the Platform, Idoneus does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services, nor is Idoneus an organiser or retailer of travel packages under Directive (EU) 2015/2302. The Service Providers alone are responsible for their Listings and Services. When you make or accept a booking, you are entering into a contract directly with the Service Provider. Idoneus is not and does not become a party to or other participant in any contractual relationship between you and the Service Provider(s), nor is Idoneus a luxury asset or real estate broker or insurer or seller of luxury assets. Idoneus is not acting as an agent in any capacity for you and/or any Service Provider.
- UPDATES TO THE TERMS
Idoneus reserves the right to change or modify these Terms, including but not limited to any policy or guideline of the Platform, at any time and at its sole discretion. Idoneus will provide notice of these changes by posting the revised Terms to the Platform and changing the ‘Last Revised’ date at the top of the Terms, or by emailing Users (as this term is defined below) at their provided email addresses, or by any other means as determined by Idoneus. Method of notification will be left to Idoneus’ sole discretion. Using a particular form of notice in some instances does not obligate Idoneus to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Platform or at the instant that Idoneus transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Platform. You waive any right you may have to receive specific notice of such changes or modifications.
Your continued use of this Platform acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Platform, you must stop using the Platform.
- USER REGISTRATION
You must register an account (“Idoneus Account”) to access and use the interactive service and certain features of the Platform, such as for the Services or Listings. If you are registering an Idoneus Account for an organization, company, business or other legal entity, you represent and warrant that you have the authority to legally bind such entity and grant us all permissions and licenses provided in these Terms.
You must provide complete, accurate and current information during and after the registration process. You must keep your Idoneus Account and public Idoneus Account profile page information up-to-date at all times. Solely and explicitly you are responsible for maintaining the information, confidentiality and security of your Idoneus Account and may not disclose your credentials to any third party. You must immediately notify Idoneus if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Idoneus Account. Also, solely and explicitly you are liable for any and all activities conducted through your Idoneus Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
It is technically impossible for Idoneus to determine with certainty whether any Servicer Provider or user registered with Idoneus (Service Providers and registered users together, “Users”) is in fact the person he or she represents to be. Therefore, Idoneus assumes no liability for the actual identity of a User. Each User is solely responsible for checking the actual identity of another User.
You may not register more than one (1) Idoneus Account unless Idoneus authorizes you to do so. You may not assign or otherwise transfer your Idoneus Account to another party.
Idoneus may enable features that allow you to authorize other Users or maybe even certain third parties to take certain actions that affect your Idoneus Account; such as but not limited to Users to link their Idoneus Accounts to businesses, services and take actions for those businesses and services, or Idoneus may enable Users to add other Users to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Idoneus to ask for your credentials, and you shall not request the credentials of another User.
Data and/or information provided by the Users for other Users shall only be made available by Idoneus if this data and/or information do not violate any laws and regulations. Idoneus reserves the right to remove any data or information from the Platform which is illegal or prohibited or which does not meet the ethical standards or aims of Idoneus. Idoneus also reserves the right to remove Users that breach any obligation set forth in section 5 hereafter (User’s Representations and Warranties).
- USER’S REPRESENTATIONS AND WARRANTIES
By accessing or using the Platform, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Platform. You also represent and warrant that you are not a resident of a Restricted Country, State or Territory, or Person as listed by the FATF (https://www.fatf-gafi.org/countries/#other-monitored-jurisdictions; https://www.fatf-gafi.org/countries/#high-risk) or the Swiss Federation (https://www.seco.admin.ch/seco/de/home/Aussenwirtschaftspolitik_Wirtschaftliche_Zusammenarbeit/Wirtschaftsbeziehungen/exportkontrollen-und-sanktionen/sanktionen-embargos/sanktionsmassnahmen.html). The list of Restricted locales is subject to change at any time. In the event a locale becomes Restricted, Idoneus will provide Users residing in that area with notice via email, a notification on our Platform, or other means as we deem necessary, regarding their access to the Services and to the Listings.
You represent and warrant that you are not:
(a) located in, under the control of, or a national or resident of any country to which Switzerland, the EU, Canada or the United States has embargoed goods or services,
(b) identified as a ”Specially Designated National,” or
(c) placed on the U.S. Commerce Department’s Denied Persons List.
In addition, you represent and warrant that:
- all of the data provided for registration is accurate and complete;
- you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms;
- you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms; and
- you will not delete any Content (as this term is defined below).
You further represent and warrant that you will not use the Platform if the laws of your country prohibit you from doing so in accordance with these Terms. Furthermore, you shall comply with all applicable legislation and respect all third-party rights.
You also represent and warrant that you are the legal and rightful owner of the cryptocurrency wallet that you may connect to the Platform, the cryptocurrencies that may reside on that wallet and the cryptocurrencies that you may send and receive on that wallet.
Finally, you represent and warrant that you will not be using the Platform for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
Notwithstanding the foregoing, Idoneus may not make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on the User’s location.
- USER CONDUCT AND OBLIGATIONS
In connection with your use of the Platform, the Services, the Listings and in addition to the list of section 5 of these Terms (User’s Representation and Warranties), you will not:
- Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services and the Listings;
- Provide false, inaccurate, incomplete or misleading information;
- Infringe upon Idoneus’ or any third party’s copyright, patent, trademark, or intellectual property rights;
- Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
- Use a web crawler or similar technique to access our Platform, the Services, the Listings or to extract data,
- Reverse engineer or disassemble any aspect of the Platform or Services or Listings in an effort to access any source code, underlying ideas and concepts, and algorithms;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Transmit or upload any material to the Platform that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Otherwise attempt to gain unauthorized access to the Platform, other Idoneus accounts, computer systems or networks connected to the Platform, through password mining or any other means; or
- Transfer any rights granted to you under these Terms.
- DISCLAIMER OF IDONEUS’ WARRANTIES
BY USING THE PLATFORM, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE PLATFORM AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER IDONEUS NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE PLATFORM OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER IDONEUS NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE PLATFORM OR THE MATERIALS OR SERVICES OFFERED IN THE PLATFORM NOW OR IN THE FUTURE. IDONEUS AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE PLATFORM, INFORMATION ON THE PLATFORM OR THE RESULTS OBTAINED FROM USE OF THE PLATFORM OR RELATED SERVICES.
To the extent permitted by law, IDONEUS OR ITS ASSOCIATES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE PLATFORM, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF IDONEUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Idoneus has been advised of or should have knowledge of the possibility of such damages.
Moreover, you acknowledge and agree that:
- Idoneus has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing or Services, or other User content, or (iii) the performance or conduct of any User. Idoneus does not endorse any User, Listing or Services. Any references to a User being “verified” (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Idoneus about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Listings or Service or to use other services, accept a booking or request from a User, or communicate and interact with other Users, whether online or in person.
- To promote the Platform and to increase the exposure of Listings and Services (together, “Promotion”), Promotion and other User content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings, Services and other User content may be translated, in whole or in part, into other languages. Idoneus cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
- Due to the nature of the internet and other electronical means, Idoneus cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Idoneus may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. Idoneus may improve, enhance and modify the Platform and introduce new services or tools or applications from time to time (also, reference is made to section 8 hereinafter).
- Idoneus does not act or serve as your broker, intermediary, agent, or advisor with respect to any transaction you make or propose to make using the Services and owes you no fiduciary duty.
You must keep all facts and information confidential which are neither obvious nor generally accessible. In case of doubt, facts and information shall be treated confidentially. You undertake to take all reasonable possible economical as well as technical and organisational possible precautions to ensure that confidential facts and information are effectively protected against access and knowledge by unauthorised persons and devices.
The obligation to maintain confidentially already exists before using the Platform or your Idoneus Account and continues after using this Platform or your Idoneus Account. Disclosure of confidential information within its own group or to third parties engaged does not constitute a breach of confidentiality.
You must impose the obligation of secrecy on your employees, subcontractors and other third parties involved, if any.
- CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
- INTELLECTUAL PROPERTY RIGHTS
Any and all copyrights, design, trademark and patent rights, as well as any other intellectual property rights and other rights in and to the Platform, documents and materials etc. provided by Idoneus under these Terms remain and are the unrestricted property of Idoneus (or any third party commissioned by Idoneus).
- THIRD-PARTY CONTENT
References on the Platform, Services and Listings to any names, brands, products or services of third parties, or hypertext links to third party sites or information or content provided by third parties (together, “Third Party Content”), are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Third Party Content of any third-party sites, and do not make any representations regarding third party materials or services, or the Third Party Content or accuracy of any material on such third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk. Such Third-Party Content and its services (“Third Party Services”) may be subject to different terms and conditions and privacy practices. Links to such Third-Party Services are not an endorsement by Idoneus of such Third-Party Services.
- BLOGS AND SOCIAL NETWORKS
Certain areas within the Platform may allow you to participate in blog discussions and other forms of social networking. These blogs and social networks are accessible to other Users, and any information posted in such areas can be read, collected, shared, or otherwise used by other Users who access the Platform. You are solely responsible for any information you choose to submit in these forums.
- COPYRIGHT OF FEEDBACK MATERIALS
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our Platform or one of our social media accounts, regarding Idoneus, the Platform or the Services or the Listings (collectively, ‘Feedback’) that are provided by you, whether by email, posting to the Platform or otherwise, are non-confidential and will become the sole property of Idoneus. Idoneus will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- PLATFORM SECURITY
You may not violate or attempt to violate the security of the Platform. Tampering with any portion of the Platform, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Platform, whether or not through the use of agents, are prohibited and constitute a breach of these Terms.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate Users;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or posting;
- using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available on the Platform and other than generally available third-party web browsers;
- reverse engineering, decompiling or disassembling the underlying software;
- removing any notices, warnings, labels, annotations or instructions from any portion of the Platform or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or
- otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Platform.
Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030) and the Directive 2013/40/EU of the European Parliament and of the Council on attacks against information systems. Idoneus may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Platform if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
- NO OFFERS OR RELIANCE
The information on the Platform is provided for informational purposes only. No Content or other material on the Platform shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of Idoneus or any other issuer. Offers can only be made where lawful under, and in compliance with, applicable law.
Idoneus makes no representations that transactions, products or services discussed on the Platform are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Platform do so at their own initiative and are responsible for compliance with local laws or regulations.
While Idoneus uses reasonable efforts to obtain information from reliable sources, Idoneus makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at the Platform obtained outside of Idoneus. Certain information on the Platform may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. Idoneus undertakes no obligation to update publicly or revise any information on the Platform, whether as a result of new information, future developments or otherwise. Opinions and any other Contents at the Platform are subject to change without notice.
Idoneus is not utilizing the Platform to provide investment or other advice, and no information or material at the Platform is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. In addition, no information, Content or other materials contained on the Platform should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. Any transactions listed on the Platform are included as representative transactions and are not necessarily reflective of overall performance.
Idoneus does not advise on the tax consequences of any investment or purchase.
- NO TRANSFERABILITY
While the account and the Services and the Listings provided to a User are not transferable under any circumstance and shall be used only by the User, Idoneus shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Idoneus or its lenders, if any.
You agree to indemnify, defend and hold Idoneus, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services or the Listings, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
- WARNING REGARDING WEB FRAUD AND PHISHING
Our name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information.
When communicating with Idoneus through digital media, please:
- Confirm you are visiting an Idoneus authorized Product.
- Do not share your password and login ID with anyone, including anyone from Idoneus. Certain Idoneus Platforms are private, available only to clients through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized Platform, Idoneus will never ask you for your password or log in information. (If you forget your password or login, we will issue you new ones.)
- Do not communicate or deal with personnel who are not affiliated with an authorized office. All authorized office locations are listed on our contact page. No other office locations are authorized offices of Idoneus.
- Do not send e-mails to anyone with an address other than authorized Idoneus e-mail addresses. Idoneus only uses “@iio” for e-mail addresses. Idoneus does not permit our employees and authorized representatives to send or receive work related e-mails from personal accounts or any other address.
If you have any questions about the above, please contact Idoneus using our Contact Us page.
- TERM AND TERMINATION OF USE
Your right to use the Platform starts with the successful registration and shall run for an undetermined duration.
These Terms are effective unless and until terminated by either you or Idoneus. You may terminate these Terms at any time, provided that you discontinue any further use of the Platform. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under these Terms or otherwise.
- APPLICABLE LAW AND VENUE
These Terms shall be governed by and construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The United Nations Convention for the International Sales of Goods (“Vienna Sales Convention”) is excluded.
All disputes arising out of or in connection with this contract shall be subject to the ordinary jurisdiction of the courts of Zug, Switzerland.
- EFFECT ON OTHER AGREEMENTS
Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with Idoneus (including without limitation any customer agreement, participation agreement or account agreement) (collectively, “Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreement, the Other Agreement will govern. Some pages within the Platform contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms. In the event of a conflict, such supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
- SEVERABILITY WAIVER
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by Idoneus to enforce any of its rights shall not constitute a continuing waiver of such rights.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of the Services or the Listings, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- GOVERNING LANGUAGE AND TRANSLATIONS
- QUESTIONS AND CONTACT INFORMATION
Please check the FAQ page on the website before contacting support.
If you have questions or comments about these Terms, please contact us using the information below:
Idoneus International AG