Cerret Terms of Use

1. General Provisions

1. Scope

These Terms of Use and End User License Agreement (ToU) apply to the websites, products and digital solutions, including the CERRET website accessible at https://www.cerret.com and the CERRET mobile application (collectively the Solutions) which are operated by CERRET SA, Rue du Prieuré 39, 1202 Geneva Switzerland (we, our or Cerret), and to any content (the Content) and services available through the Solutions (collectively with the provision of the Solutions and the Content, the Services), including ordering and purchasing of the CERRET bracelets and other products available through the Solutions or any other channel mentioned in these ToU (Products). 

1. Terms of Access 
1. Acceptance

Anyone who accesses, downloads and/or uses the Solutions, the Services and/or the Content available through them (a User or you) acknowledges having read, understood and agreed to these ToU.

1. Personal prerequisites

You must be at least eighteen (18) years of age to use the Service. If you are under the age of 18 and wish to create an account, your parent or legal guardian must create the account, submit your personal information and agree to these Terms of Use and the Privacy Policy on your behalf. 

1. Equipment

You are responsible for procuring at your expenses the equipment, subscriptions and telecommunication means required to access the Services and use the Solutions, and for the payment of any costs incurred through their use. We reserve the right to specify from time to time minimal technical requirements for accessing the Services.

1. Account and Information

To access most features of the Services, you must have created a personal account (the Account) and be logged-in to your Account. Accounts may only be created by one single person and shall be used only by that person. You are not authorized to create multiple Accounts, or to share, sell or buy an Account.

You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party’s use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.

You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time. You must confirm, at least once every six (6) months, that the information within your Account is accurate. Failure to do so may prevent your ability to use the Services.

You agree your Account will only include information about adults or children for whom you have appropriate legal responsibility or appropriate prior consent, and that the account does not infringe or invade the privacy of anyone.

1. Users’ General Duties and Responsibilities
1. Conformance with Instructions 

You agree to use the Products, Solutions, and Services only as intended in accordance with any instruction and guidance made available to you, including these ToU (in particular its Chapter II below) and any other additional terms referenced in Section 32 of these ToU. 

1. General Compliance and Restrictions

You must at all times comply with these ToU and all laws and regulations applicable to your use of the Products, Solutions, and Services. Subject to mandatory law to the contrary, you are not allowed to: 

• copy, reproduce, frame, mirror, crawl, republish, modify, transmit, distribute, or otherwise make available or disclose, create derivatives of, any part of the Solutions, the Services and/or the Products, except as otherwise stipulated in these ToU ; 
• access the source code of the Solutions, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services and Products; 
• make any alteration to the Services or Products, or insert any malicious software; 
• access or use any part of the Services or Products for the purpose of building a competitive product or service or copying their features or user interface; 
• gather the email addresses or other Content available on the Solutions for purposes of spamming or for any non-personal or commercial purposes; and 
• allow third parties to use all or part of the Solutions, Services or Content to which access is restricted. 

1. Non-compliance

Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Solutions, suppress your Account (if you have one), or refuse to provide the Services (including Subscription Services) and Products.

1. Fees

Access to the Service, or to certain features of the Service, may require you to pay fees, as further specified in Chapter IV of these ToU. 

We will charge the payment method you specify at the time of your order. You authorize us to charge all sums as described in these ToU, for the Service or Product you requested, to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

1. Support, Maintenance, and Availability 
1. Maintenance and Availability

We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Services. Although we will use reasonable endeavors to maintain their availability, we do not guarantee it. 

1. Support

if you encounter any problem regarding the Services, you may submit a request to our support team by email at contact@cerret.com and we will revert as soon as possible. 

We will use commercially reasonable efforts to respond to questions and provide support during the hours of 9am to 5pm (CET) Monday through Friday.

1. Amendment and suspension 
1. In General

We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Services and/or remove any Content  (including any Subscription Services), with or without notice, without incurring any liability. 

1. Updates and modifications

You agree that we may require you to accept and download updates for further use or access to the Services when it is necessary for proper functioning of the Services. Furthermore, in order to improve the Solutions and Products, we reserve the right to introduce automatic updates and modifications into the Services (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Services, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Services and the rules of these ToU apply to such updates.

1. Account

We may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Services, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability. However, if you have a valid subscription, the rules in Section 20 ToU will apply and we will only terminate your Account as specified there.

1. Use of Services 

The terms of this Chapter II apply in addition to the other parts of these ToU (including section 4) to the use of the Service, including the CERRET app and bracelet.

1. No Guarantee of Personal Safety

Our Products, Solutions, and Services are designed to enhance personal safety but do not guarantee protection from harm. Please do not rely solely on the Services for your safety in emergencies.

The Products are intended for use as a recreational location device. The Services is not a failsafe security system.

1. Proper Use
1. Familiarization

It’s important to familiarize yourself with the emergency button, our Solutions and Services to ensure they function effectively in emergencies.

1. Device Compatibility

Our Products and Services are compatibles with specific devices and operating systems. You must ensure that your smartphone and operating system meet our compatibility requirements as outlined.  

1. Device Maintenance

You are responsible for ensuring that the Products and Solution are maintained in good working order in accordance with the manufacturer’s instructions. This includes keeping the app updated and making sure your smartphone is charged and functional. 

Without limiting the foregoing, we will have no liability for errors, unreliable operation, or other issues resulting from use of the Products or Services in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system.

1. Additional Prerequisites

You are responsible for managing your telephone service provider account, account subscriptions, location tracking, and other opt-in statuses as required to allow the Products to locate and communicate with your phone, and the Solutions to properly work. 

1. Risks and Limitations 
1. Network Dependence and Third Party Failures

Our Services depend on network availability, which may impact their performance. Factors like cellular, Wi-Fi, or Bluetooth connectivity are essential for the Services to function correctly and are outside our control. Devices that are location compatible may not be locatable by the service or the telephone service provider at all times.

We are not liable for failures due to third-party services, including without limitation VOIP providers, telephone manufacturers, or internet service providers. 

1. Approximations

Any location provided is approximate and does not provide guaranteed results.

1. Unavailability and malfunctions

You acknowledge and understand that from time to time the Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which may occur over time. You also acknowledge and understand that Services malfunctions may occur for reasons beyond our control or which are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, internet service provider, mobile provider, hostile network attacks, network congestion or other failures. You agree that we will not be liable to you or to any third party in the event the Service is inaccessible or malfunctions, or for any disruption in the Service.

1. Impossibility to Reach Emergency Contacts

As part of your Account, you may have identified emergency contacts (”Emergency Contacts”). Your Emergency Contacts will normally be notified if you activate the emergency button of your CERRET Product. However, you acknowledge and agree that we may, for reasons outside our control, be unable to contact your Emergency Contacts in any emergency situation, for instance in case of insufficient network coverage, technical issue, maintenance, or if you no longer have a valid subscription to our Services.

1. No Medical or Legal Advice

Our Solution and Services are intended to assist you in emergency situations but do not constitute medical or legal advice. Please consult with appropriate professionals for such advice.

1. Restrictions and Unauthorized Use
1. Unauthorized Recording

The Solution’s audio recording feature (if available to you) is intended for emergency use only. Unauthorized use of this feature for purposes outside of safety or in ways that infringe on others’ privacy is strictly prohibited.

1. Emergency Button Misuse

Please do not misuse the emergency button. The Service must not be used for false alarms, pranks, or harassment.

1. Emergency Service Providers 
1. Access to Functionality

Depending on your location or your subscription, our Services may enable you to register through the Solution with third parties providing safety or emergency services (each an Emergency Service Provider). 

1. Roles and Responsibilities

The Emergency Service Providers are independent of CERRET. Neither us nor our subsidiaries or affiliates or any third party who may promote the Solutions or Services or provide a link to the Services, shall be liable for the activities of the Emergency Service Provider via the Solutions or Service, nor any information obtained from them. You acknowledge that your reliance on any Emergency Service Providers or information delivered by the Emergency Service Providers via the Solution or Service is solely at your own risk and you assume full responsibility for all risks associated herewith. We do not make any representations or warranties about the training or skill of any Emergency Service Providers who deliver services via the Solution or Service.

BY USING THE SERVICES, YOU AGREE THAT WE CANNOT CONTROL THE MANNER IN WHICH EMERGENCY SERVICES ARE RENDERED, AND THEREFORE CANNOT AND DO NOT GUARANTEE THAT EMERGENCY SERVICE PROVIDERS WILL BE PROVIDED IN ACCORDANCE WITH YOUR EXPECTIONS. 

You understand and agree that once the content of your Account is made available to Emergency Service Providers, it may be transmitted over unsecured radios or may otherwise be made accessible through unsecured communications as part of the information disseminated to or by Emergency Service Providers responding to a 9-1-1 call or to an emergency. You further understand that the content of your Account may be stored as part of a public record associated with an emergency call if required by local statutes.

By using the Services, you acknowledge the potential risks associated with telecommunication and emergency response services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of audio) to allow for appropriate response by the Emergency Service Provider; delays in evaluation or treatment could occur due to failures of electronic equipment or lack of access to your information. 

1. Orders and sales of PRODUCTS 

The order and sale of the Products, including the CERRET Bracelet, through the Services are subject to the terms of this Chapter III (in addition to the other parts of these ToU), in such version as is in force at the time of ordering the Products. 

1. Products and Prices 
1. Presentation

Products are described as precisely as possible. The images displayed are indicative only, may differ from the final Product and have no binding contractual effect.

1. Availability

Although we will in general state when Products are not available, the availability of the Products is not guaranteed. Orders are placed subject to availability.

1. Price

Prices displayed are generally inclusive of standard costs and VAT unless otherwise specified. We reserve the right to change our pricing at any time and the price confirmed at the time of order will apply. Should any costs be added after your order, we will inform you, and you may choose to accept the changes or cancel your order without penalty. 

1. Order and Purchase
1. Order

To place an order, you must fill in the required information and click on the “Continue” or similar button. You will then be able to check your order information. In order to complete the order, you must accept the ToU and validate the order. Any order that you place via the Services constitutes a binding offer on your part to enter into a contract with us. You cannot cancel or modify an order once it has been placed. By submitting your order to us, you make a firm commitment to pay the price indicated on the order confirmation. 

1. Payment

To proceed with your order, you must enter a valid payment method, depending on the options available on the Solutions.

1. Confirmation

If the means of payment is accepted we will receive your order and check the availability of the ordered Product. If available, a confirmation email will be sent to you. If the ordered Product is not available, or if for any other reason your order cannot be accepted, you will be notified by email and will no longer be bound by your order. A sales contract for the Product is only concluded when we confirms your order.

1. Changes by Cerret

We may have to refuse, modify or cancel an order after it has been confirmed for any reasonable reason. In this case, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products, we will reimburse you for the full amount of the relevant Products as well as all invoiced delivery costs as soon as possible. We may also refuse an order in the event of a dispute regarding payment for previous orders or in the event of anomalous orders and orders which we  suspects were not placed in good faith.

1. Delivery

Products which are the subject of a validated order will be delivered to the address specified in the order and within the timeframe specified (and in the absence of any indication, within 7 to 90 days depending on the availability of the goods). We reserve the right to contact you for further information regarding your order and delivery. Delivery dates are provided for indicative purposes only. If you order more than one Product, we may make partial deliveries.

1. Transfer of risks

Transport risks and costs shall be fully borne by you and you acknowledge that we bear no risk of loss, theft, delay or any other damage in connection with the delivery of your order. 

1. Refund Policy

Refunds are available only in cases of product defects covered under the warranty (see Section 18). Additionally, for EU and UK consumers, a right of withdrawal applies within the specified period (see Section 19).

1. Product Warranty
1. Warranty

We provide a worldwide one-year warranty on our Products sold through our official shop. Covering manufacturing defects. This warranty period begins on the date of delivery and is subject to conformance with Section 1 of these ToU concerning notification of defects. Where applicable, mandatory laws may provide additional warranty periods beyond one year, in which case such periods will apply as required. To the extent legally admissible, we do not provide any further warranty in relation to the Products sold. 

Inspection and Acceptance

You are required to inspect the Products with all due care immediately upon receipt and to object to any manufacturing defects affecting them. Unless notice of defects is sent by registered mail no later than 30 days after delivery, specifying the nature of the defects found, the Products shall be deemed to have been accepted. Defects that could not be detected at the time of acceptance (hidden defects) must be notified to us by registered mail within 10 calendar days of their occurrence, failing which they shall be deemed to have been definitively accepted.

1. Exclusions

Excluded from the warranty under Section 18.1 of these ToU are, in particular, damages resulting from improper use of the Products, any breach of these ToU, any use contrary to the instructions of Cerret or the manufacturer or for a purpose which is not indicated, negligence, inappropriate storage or conservation of the Products, accident, defects resulting from the transport of the Products, as well as normal loss or wear and tear.

1. Effect

If the warranty conditions are met, we will replace the defective Product or, at our option, refund the price actually paid for the Product. 

1. Exclusive Warranty

To the extent permitted by applicable law, the warranty set out in Section 18.1 of these ToU is exclusive and replaces and supersedes any other warranty or rights you might claim in respect of the Products.

1. Right to withdrawals
1. In General

If you are a consumer residing in the European Union or the United Kingdom, you have a legal right of withdrawal when concluding a distance selling transaction, without having to give any reason. You are not entitled to a complete right of withdrawal if you have used the goods inappropriately or damaged them intentionally. If you are not a consumer or do not reside in the European Union, you have no right of revocation and the provisions of this Section 19 do not apply to you.

1. Exercising your right to withdrawal

You have the right to withdraw from the purchase of a Product within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. To exercise the right of withdrawal, you must inform us, CERRET SA, Rue du Prieuré 39, 1202 Geneva Switzerland of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the below model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

– To CERRET SA, Rue du Prieuré 39, 1202 Geneva Switzerland, contact@cerret.com

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

– Ordered on (*)/received on (*),

– Name of consumer(s),

– Address of consumer(s),

– Signature of consumer(s) (only if this form is notified on paper),

– Date

____ 

(*) Delete as appropriate.

1. Effects of withdrawal

If you withdraw from the purchase of a Product, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Product back or you have supplied evidence of having sent back the Products, whichever is the earliest.

1. Return of Products

You shall send back the Products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

1. Subscription of Services

This Section IV of the ToU specifies (in addition to the other parts of these ToU) your rights and obligations with respect to the Services which you may subscribe to through the Solutions or any other channel mentioned in these ToU (Subscription Services), with the functionalities, modules and limitations specified in the subscription plan applicable to such Subscription Services (Subscription Plan). For the avoidance of doubt, we have no obligation to provide any service or software which are not expressly specified in these ToU or a Subscription Plan.

1. Subscription and Duration
1. Subscription

To subscribe for the use of Subscription Services, you must fill in the required information and click on the “Continue” or similar button. You will then be able to check your order information. In order to complete the order, you must accept the ToU and validate the order. By submitting your order to us, you make a firm commitment to pay the price indicated on the order confirmation. Once your payment is accepted, a confirmation email will be sent to you. 

1. Duration and Cancelation

Subscription Plans are established for the term specified in the plan and automatically renew for the same term until canceled. You may cancel your subscription at any time via your account or by emailing contact@cerret.com. Cancellations take effect at the end of the current term, with no refunds provided. Additionally, we may cancel your subscription with 14 days’ notice or immediately in the event of a material breach of these ToU

1. Provision of Subscription Services
1. In General

Subject to your compliance with all terms and conditions of these these ToU, in particular, subject to its payment of the applicable Fees in accordance with Section 22, and any additional terms of your Subscription Plan, we will provide you with the Subscription Services you subscribed for under an obligation of means, in accordance with standard professional practice, with the care and diligence required from a supplier of similar services. Any Content made available to you as part of the Subscription Services will be licenses to you (and not sold), in accordance with Section 25.2. For the avoidance of doubt, Subscription Services shall be used by you only, for your own individual needs, and you are not allowed to make them available to third parties.  

1. Maintenance and Availability

As part of the providing of the Subscription Services, we will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Subscription Services. We will use reasonable endeavours to maintain the availability of the Subscription Services, but does not guarantee their full availability.

1. Financial Terms
1. Fees

You must pay the Fees as indicated in the Subscription Plan or by any other appropriate means (the Fees). 

We may modify the pricing of our Subscription Services at any time, e.g. by adding new services for additional Fees, or amending current plans, at any time and in your sole discretion, provided that if the change concern your current Subscription Plan, we will notify you in advance and the increase in Fees will only become effective upon the forthcoming term of the Subscription Plan.

1. Suspension of Services

The continued use of the Subscription Services is subject to the timely payment of all the Fees. We may temporarily stop providing the Subscription Services and/or any user credentials issued to you, if applicable, if you are in default for payment of any Fees due. 

1. Final provisions

The provisions of this Chapter V of the ToU apply to all uses of the Services. 

1. Data protection

We have issued a privacy notice, accessible at [https://cerret.com/policies/privacy-policy], which describes how personal data is collected through the Services and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.

1. User Content
1. Ownership

Certain features of the Services may permit you to upload content, including medical information, messages, reviews, photos, video, images, folders, data, text, and other types of works (“Your Content ”) and to publish Your Content on the Service. You retain copyright and any other proprietary rights that you may hold in Your Content that you post to the Service.

1. Limited License

We will only use your User Content to the extent required to provide and improve the Services, as further specified in these ToU or the Solution’s documentation. In addition, provided we use reasonable effort to anonymize it, we reserve the right to reuse your User Content for other purposes, including for data mining, benchmarking and analytics purposes, for developing and marketing new services, or for providing aggregate technical information to our community of customers and partners. You hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content, including the right to adapt, copy, and make publicly available your User Content for such purposes.

1. Representation

You represent and warrant that your User Content, and more generally your use of the Services, will not: 

• infringe, or cause a third party to infringe, any applicable law or regulation; 
• infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; 
• include any false, incomplete or inaccurate information about yourself, or any information about any other individual, company or other legal entity, or be defamatory or trade libelous; or
• be inadequate, of inadequate language, obscene, immoral, or contain pornography. 

1. Modification and Suppression

We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion. You are responsible for retaining a copy of all your User Content.

1. Intellectual property
1. Title to IP

Except for your User Content, we and our licensors own the copyright and all intellectual property rights in and to the Solutions, the Services and the Content.

1. License

Subject to your compliance with these ToU and any additional applicable terms referred to on the Services, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Services (in object code only) and the Content for your own personal use, strictly for the purpose of using the Services in accordance with these ToU. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Services on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights to the Solutions, the Content and the Services not expressly granted herein. You may not install or use the application portions of the Site on a device that you do not own or control.

1. Third-Party Content or Services

The Services may contain Content and/or software components or services developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Services. 

Location-Enabled Features: without limiting the foregoing, certain location-enabled functionality made available through the Services is provided by Google Inc., Apple Inc., and other third party providers.  Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind. We make no guarantees or warranties regarding the accuracy of any maps or location services on the Services. You are ultimately responsible for your own navigation and safety while using the Services

1. Infringement

If you think that Services or the Content infringe on any copyright or other intellectual property right, you may at all times contact us at contact@cerret.com and we will investigate your request.

1. Feedback.

Although we are always appreciative of any suggestion or idea for improving or otherwise modifying the Solutions or any Services (Feedback), we have not agreed to and do not agree to treat as confidential any Feedback you may provide to us. Nothing in these ToU or in the interactions between you and us will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you.

1. Warranty
1. Principle

If the Products received do not correspond to those that you ordered, you may exercise your rights described in Section 18 above. 

While we strive to provide high-quality Services, we cannot guarantee that the Products, Solution, or Services will be uninterrupted or error-free. You acknowledge that factors beyond our control, such as Bluetooth connectivity, smartphone functionality, and network availability, may impact the performance of the Products and Solution.

The Solutions, the Services (including any Subscription Services) and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Solutions, Services or Content. In particular, we make no warranty, express or implied, commitment or representation that (i) the Services and the Content will meet your needs, (ii) the operation of the Services will be uninterrupted, secure or error-free, (iii) the information and Content available will be current, accurate, true or complete, (iv) the Services and results that may be obtained from their use will be accurate or reliable or (v) we will ensure continued compatibility of the Services with any third-party products, even if they were compatible at any given moment. You access and use the Services at your sole risk.

1. Third-party content

The Services may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.

1. Internet

The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using les Services, you accept these risks. We decline all responsibility in this respect.  

1. Liability

If the Products received do not correspond to those that you ordered, you may exercise your rights described in Section 10 above. 

You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Solutions , the Products , the Services or the Content, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Services, (iv) the Content, as well as all linked websites and all documents disseminated on the Services, (v) any other cause relating to the Services.

Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service), insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service or Product during the 12 preceding months.

1. Indemnity

You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys’ fees, resulting from your breach of these ToU, whether or not you are at fault, in particular if you use the Services in breach of these ToU.

1. Miscellaneous 
1. Severability clause

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. 

1. Assignment

You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.

1. Force Majeure

We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.

1. No waiver

Any delay or failure by Cerret to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.

1. Applicable law and jurisdiction
1. Applicable law

These ToU and the relationship between you and us, as well as the order and sale of the Products, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods. 

1. Jurisdiction

The competent courts at the registered office of Cerret have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights or confidential informaiton. 

1. Contact 

For any questions regarding the Services or the ToU, you may contact us at contact@cerret.com.

1. Additional Terms

Your use of the Solutions and Services may be subject to all additional terms, policies, rules, or guidelines that we may post on or link to from the Solutions (the Additional Terms), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

1. Translations and Amendments
1. Translations

The original language of these ToU, as well as all other texts throughout the Solutions, is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail. 

1. Amendments

These ToU may be amended from time to time, in which case you will be notified by any appropriate means (including via e-mail, or via the Solutions, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Services subsequent to this notification shall constitute acceptance of the ToU, as amended.

Last updated: 7 November 2024