1.1. Air Turquoise.
1.2. Acceptation of the ToU.
1.3. Links to third party platforms.
The Website may contain links to third party platforms maintained by other content providers. Air Turquoise hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.
The terms of these ToU may be amended from time to time and such amendments shall be notified to visitors on the Website. By continued access or use of the Website after any amendment of the terms of these ToU, Users agree to be bound by any such amendment.
2. USE OF THE WEBSITE
Subject to the Users’ compliance with the terms of these ToU, Air Turquoise grants the Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Website and to access its content.
Nothing in these ToU, in particular this Section 2, shall prevent Air Turquoise to upload, adapt, modify, amend or delete any content included in the Website and more generally on Air Turquoise’s platforms. The reports published by Air Turquoise on the Website (the Reports) are provided for information purposes only and shall in any case not be used or relied upon by the Users without any further written confirmation by Air Turquoise (which may be given by e-mail).
2.3. Services provided by third parties.
Part of the Website may be provided by third parties and/or require the use of platforms maintained by other content providers in which case the terms and conditions applicable to the provision of such services and/or use of such platforms shall apply to the Website in addition to the terms of these ToU.
To the extent permitted by applicable law, Users are not allowed to (i) copy, modify or create derivatives of the Website; (ii) resell, transfer, assign, lease, lend, or license the Website to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Website. Without prejudice to the terms of these ToU, Air Turqoise and/or its licensors reserve all rights on the Website not expressly granted herein.
2.5. No obligations.
Air Turquoise shall have no obligation to monitor the use of the Website or to edit, review or modify any content of the Website. Air Turquoise reserves its right to edit, review or modify the content of the Website without prior notice at any time, including without limitation for purposes of compliance with the terms of these ToU or any applicable law. Air Turquoise reserves its right to investigate on any infringement or behavior affecting the Website and to cooperate with competent authorities in case of violation of any applicable law.
2.6. Representations and warranties of the Users.
Users represent and warrant that (i) they will not infringe, or cause a third party to infringe, any applicable law or regulation by using the Website; (ii) they will not use the Website for any unlawful purpose; (iii) they will not infringe any intellectual property right, or other proprietary right or right of publicity or privacy, by using the Website; (iv) they will not include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (v) their use of the Website shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3. INTELLECTUAL PROPERTY
3.1. Ownership of Air Turquoise.
Air Turquoise and its licensors own any copyright and intellectual property rights in and to the Website and on the content published on and/or through the Website, or have acquired an appropriate consent or license from third parties in relation thereto.
4. PRIVACY AND DATA PROTECTION
5. SUSPENSION AND TERMINATION
Users agree that Air Turquoise may, at Air Turquoise’s sole discretion, suspend or terminate their access and/or their use to all or part of the Website with or without notice and for any reason, including without limitation, breach of the terms of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, their right to access and/or use the Website will immediately cease, including any license for the use of the Website pursuant to Section 2.1. Subject to applicable law, Air Turquoise reserves the right to remove or delete any information and/or content of the Website.
6. NO WARRANTIES AND LIABILITY
6.1. No warranties.
Users agree that their access and use of the Website shall be at their sole risk and liability. Users acknowledge that the content of the Website is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, Air Turquoise disclaims all warranties, express or implied, in connection with the Website, including its content, as well as User’s access and use thereof. In particular, Users acknowledge and agree that the Reports are provided for information purposes only and shall in any case not be used or relied upon by the Users without any further written confirmation by Air Turquoise (which may be given by e-mail).
6.2. No further representations and warranties.
Furthermore, Air Turquoise makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Website, including the Reports, such as errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations to access and use of the Website; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the Website; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Website; (c) any interruption or cessation of transmission to or from the Website; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; (e) any errors or omissions in any content, including the Reports; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Website, including the Reports.
6.3. No liability.
To the extent permitted by applicable law, Air Turquoise waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Website, or any reliance on any of the content provided on or otherwise in connection with the Website, including the Reports.
Users shall defend, hold harmless and indemnify Air Turquoise for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by Air Turquoise arising out of the Users’ access and use of the Website and/or any infringement of the terms of these ToU.
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
8.2. No Waiver.
The failure of Air Turquoise to enforce any of the provisions of these ToU or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these ToU. The waiver of any breach of these ToU by Air Turquoise shall not be construed as a waiver of any other prior or subsequent breach.
8.3. No Assignments.
Users shall not be permitted to assign any rights created under the terms of these ToU without the prior written consent of Air Turquoise.
10. GOVERNING LAW AND JURISDICTION
10.1. Governing Law.
These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the competent courts at the registered seat of Air Turquoise, subject to the right of appeal to the Swiss Federal Tribunal.