TERMS OF USE
Acceptance
The pages on this website (https://pierredelune011.ch) (the 'Website') are published and maintained by Pierre de Lune 011 ('us' or 'we'). These terms and conditions, as well as any other terms and conditions or policies features on the Website (together, the 'Website Terms'), set out the terms on which you may use the Website. Please read the Website Terms carefully, as by using the Website you will be taken to have agreed to be bound by them. If you do not agree to any of the Website Terms, then please refrain from using the Website. We reserve the right to vary the Website Terms at any time and will post any variations on the Website. You are advised to review the Website Terms on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted.
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Ownership of content
All materials displayed or otherwise accessible through the Website, including but not limited to text, graphics, videos, photos, trademarks, logos and other materials (collectively, ‘Content’) are protected by copyright and trade-mark laws, and are owned by us and/or their licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of any Content, whether in whole or in part, is prohibited without express prior written consent. Your use of the Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website and/or any Content, and except as expressly provided, nothing herein or within the Website and/or any Content shall be construed as conferring on you or any other person or entity any license or any third party intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.
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Limited licence
Subject to the Website Terms, you are hereby granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in such Content. This limited license does not include any rights not specifically enumerated herein. Your limited license to use the Website and the Content is automatically revoked upon termination or expiration of the Website Terms (whichever occurs first). You agree that you will not use the Website or any Content for any purpose that is unlawful.
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Website availability and security
We reserve the right at any time to modify or stop providing the Website (or any part of it, or any feature or service provided through it), either temporarily or permanently, with or without notice. We will not be liable to you if, for any reason, the Website is unavailable.
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The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We cannot guarantee security of any communication to or from the Website. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. In no event will any information you provide on or through the Website be deemed to create any fiduciary obligations to you on our part, or result in any liability to you on our part. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. We do not assume any responsibility or risk for your use of the internet.
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Disclaimer of warranties
Subject to applicable law, the Website and the Content is provided 'as is' and 'as available', without warranty or condition of any kind, either express or implied. We expressly disclaim all warranties and conditions, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. Without limiting the generality of the foregoing, while we endeavour to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or the Content will be compatible with your computer, mobile or other device and/or software; (ii) the Website or the Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content will be corrected, (v) that the Website or the Content will be free from viruses, Trojan horses, malware, worms or other harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.
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Links from our Website
The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of such third-party websites. We are not responsible for the content of any third-party website, nor do we make any representation or warranty of any kind regarding any third-party website including, without limitation: (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites; and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. You also understand and agree that the Privacy Policy is applicable while you are using the Website and is not applicable to your use of third-party websites. Once you are linked to another website, you should read the privacy policy of that website before disclosing any Personal Information (as defined in the Privacy Policy).
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Links to our Website
External sites may link to this Website. We make no warranty, representation or undertaking about any content of any external websites. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from us where none exists. You may not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures or access or search or attempt to access or search the Software or Materials by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions). Scraping the Software or Materials without our prior consent is expressly prohibited. The Website (or any part of it) must not be framed on any other website, and you may not create a link to any part of the Website other than the home page. In addition, you must not establish a link from any website which is not owned by you. We reserve the right at our total discretion to prohibit links to the Website (whether in general, or in relation to any particular link) at any time.
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Limitation of liability
Subject to applicable law, in no event shall we, or any of our partners, employees, consultants, representatives, officers, directors, agents, or licensors ('Pierre de Lune 011 Released Parties') be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, arising from your use of, reliance upon, or inability to use the Website and/or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if we knew of or ought to have known of the possibility of such damages.
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Release and indemnity
To the fullest extent permissible under applicable law, you hereby agree to release each of the Pierre de Lune 011 Released Parties from, and in no event shall any or all of the Pierre de Lune 011 Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to the Website Terms and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website and the Content. You will indemnify and hold each of the Pierre de Lune 011 Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to the Website Terms (including any breach by you thereof). You will also indemnify and hold the Pierre de Lune Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website. You agree that the applicable Pierre de Lune 011 Released Party(ies) may assume the defense and control of any matter for which you are required to indemnify the Pierre de Lune 011 Released Parties and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of the applicable Pierre de Lune Released Party(ies).
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Data protection and privacy
We process information collected on the Website in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
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Invalidity
If any provision of the Website Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) will not be affected.
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Jurisdiction and applicable law
The Website Terms (and all related non-contractual obligations) will be governed and construed in accordance with English law. Disputes arising in relation to the same will be subject to the exclusive jurisdiction of the English courts, although we retain the right to bring legal proceedings against you in any other court of competent jurisdiction.
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Contacting us
If you have any requests, queries or concerns about the Website or any material which appears on it, please email barclay@pierredelune011.ch or you can contact us for any queries using our contact us form.
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These terms are dated 14 July 2024.