Introduction and Acceptance of Terms
These Terms of Use (“Terms”) govern the access to and use of the website and its content, operated by The WACO System, an association with its registered office at St. Peterstrasse 1, 8001 Zurich, Switzerland (the “Association”).
By accessing, browsing, or using this website (the “Website”), you, the user (“User”), acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms in their entirety, you must immediately cease using the Website.
For the purpose of these Terms, “Content” shall mean all information, text, graphics, software, and other material published on the Website.
1. Intellectual Property Rights
All Content on this Website, with the exception of content supplied by third parties, is the property of the Association or its licensors and is protected by Swiss and international copyright laws. The Association grants the User a limited, non-exclusive, non-transferable licence to access, view, download, and print extracts of the Content for personal, non-commercial use.
This licence is granted subject to the exceptions to copyright provided under Swiss law. In particular, pursuant to Article 19 of the Swiss Federal Act on Copyright and Related Rights (CopA), published works may be used for private use, which includes any use of a work by a teacher and his class for educational purposes, and the copying of a work in enterprises for internal information or documentation.
Without the prior written permission of the Association, the User is strictly prohibited from: a) distributing or copying any part of the Content for any commercial purpose; b) reproducing, transmitting, or storing any part of the Content on any other website or other form of electronic retrieval system; c) modifying, adapting, or creating derivative works from the Content; or d) causing the Content to appear as part of any third-party website or service.
All other intellectual property rights of the Association or any third party are expressly reserved.
2. Disclaimer of Warranties and Limitation of Liability
The Association provides the Website and its Content on an “as is” basis. To the fullest extent permitted by Swiss law, the Association makes no representations or warranties of any kind, express or implied, with respect to the Website or the accuracy, completeness, or timeliness of the Content. The use of the Website and its Content is at the User’s own risk.
The Association, its organs, and its agents shall not be liable for any loss or damages arising out of or in connection with the use of this Website. This limitation of liability shall not apply to damages caused by the Association’s unlawful intent or gross negligence, in accordance with Article 100 of the Swiss Code of Obligations. The Association disclaims all liability for any effect that errors or omissions in the Content may have on a User’s information technology system or any other device.
3. Modification of Terms
The Association reserves the right to modify these Terms from time to time at its sole discretion. Any such changes will be effective immediately upon posting on the Website. The User’s continued use of the Website following the posting of revised Terms constitutes acceptance of those changes.
4. Third-Party Content and Links
The Website may contain Content provided by third parties or links to third-party websites. The Association disclaims any responsibility for such third-party Content. Links to other websites are provided solely for convenience and do not constitute an endorsement or guarantee by the Association. The Association assumes no liability for the products, services, or data of any other sites and is not responsible for their content or accuracy. Any inquiries or disputes with linked sites should be directed to the operators of the individual sites involved.
5. Indemnification
The User agrees to indemnify and hold the Association, its organs, and agents harmless from and against all damages, claims, and expenses, including reasonable legal fees, arising out of the User’s breach of these Terms or any unlawful use of the Website.
6. Data Protection
The collection and processing of personal data in connection with the use of the Website are governed by the Association’s Privacy Policy, which is available on the Website. The Association processes personal data in compliance with the Swiss Federal Act on Data Protection (DPA).
7. Availability of the Website
The Association will use reasonable efforts to ensure that the Website is available at all times. However, the Association does not warrant or guarantee that the service will be uninterrupted or error-free. The Association shall not be liable for any interruptions or failures of service.
8. Severability
Should any provision of these Terms be or become illegal, void, or unenforceable in any jurisdiction, such provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. The parties shall replace the invalid provision with a valid provision that comes as close as possible to the original economic purpose.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of its conflict of law rules.
Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, shall be subject to the exclusive jurisdiction of the ordinary courts at the registered office of the Association in Zurich, Switzerland.
10. Contact Information
The WACO System, St. Peterstrasse 1, 8001 Zurich, Switzerland
Commercial Register of the Canton of Zurich, CHE-100.956.040.