General Terms of Use

Scope of Application

The terms of this Agreement named General Terms of Use (GTU) govern the legal relationship between the user of SWIXJET.COM platform (hereinafter as the “User”) and Swixjet Aviation Co. (hereinafter as “Swixjet” or “Platform”).

The GTU apply to any use of this Platform. In particular, the submission of listings and business page by Users and viewing of advertisements published on the Platform.

 

Using the Platform

Access and use of this Platform are subject to your full acceptance of the terms and conditions (GTU) contained herein and all other operating rules, policies (including, without limitation, Platform’s Privacy Policy) and procedures that may be published from time to time by Swixjet (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before registering on the Platform or using our Services. By accessing or using any part of Swixjet Platform, you agree to become bound by the Terms of this Agreement.

If you do not agree to our GTU and Privacy Policy, then you should not register, access or use the Platform.

 

User Account

If you wish to add a listing (free or paid subscription) on the Platform you need to register and open a user account. By registering you tacitly agree to provide truthful and accurate information.

Registration on Swixjet Platform is intended exclusively to the aerospace professionals based in Switzerland.

Please note that due to security reasons all registrations are verified before validation. Registrants that do not match the criteria mentioned above are denied access and deleted from the website without further explanation.

The steps to register and open an account are as follows:

1- Submission of request (registration by the new user)
2- Evaluation of the request by our support team
3- Approval or denial, communication of decision to the registrant (by email).

You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

When you create an account on the Platform, you are responsible for maintaining its security
(no password sharing, etc.) . You are also fully responsible for all activities that occur with the account and any other actions taken in connection with it.

You must immediately notify the support team of any unauthorized uses of your pages, your account, or any other breaches of security. Platform will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Please note that each item (or Business Page) require one separate listing page. The publication of more than one product (or business entity) on the same listing page is prohibited and can automatically result the cancellation of your subscription without any refund.

The Swixjet team can decide on its own discretion and at any time to suspend or terminate a user account and to delete its listing page(s) from the platform without further explanation and without any refunding.

 

Responsibility of Users

When you post material or add a listing on Platform, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.

That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using the Platform, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines.

 

License of use

By submitting your listings and Contents to Platform, you grant Swixjet Platform a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Content.

This license allows the Platform to make publicly-posted content available to third parties selected by the Platform so that these third parties can analyze and distribute your content through their services.

You also give to all other Platform’s users the permission to write to you via your listings, and to share your Content on other platforms and social media websites. If you delete your Content, we will use reasonable efforts to remove it from the Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, the Platform has the right (though not the obligation) to, in Platform’s sole discretion, reclaim your username or account page due to prolonged inactivity, refuse or remove any content that, in Platform’s reasonable opinion, violates any Platform policy or is in any way harmful or objectionable, or terminate or deny access to and use of Platform to any individual or entity for any reason.

The Platform will have no obligation to provide explication or refund of any amounts previously paid.

 

Advertisements

The Platform reserves the right to display advertisements on all its pages unless you have purchased a plan that includes the removal of ads.

 

Responsibility of Visitors

The Platform has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, the Platform does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is technically inaccurate, typographical mistakes, and other errors.

The Platform disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted by users.

 

Fees, Payment, and Renewal

Some of our Services may be offered for a fee while other Services may be free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time from the dashboard of your account or by contacting the support team.

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

 

Automatic Renewal

To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes).

Your Paid Services are renewed for the same interval of time. For example, if you purchase an annual subscription plan, you will be charged each year.

You can cancel a Paid Service at any time from dashboard of your user account, or by sending a cancelation request of automatic renewal to our team. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

 

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Platform links, and that link to Platform.

The Platform does not have any control over those non-Platform web pages, and is not responsible for their contents or their use. By linking to a non-Platform website, the Platform does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Platform disclaims any responsibility for any harm resulting from your use of non-Platform websites and webpages.

 

Copyright Infringement

As the Platform asks others to respect its intellectual property rights, it respects the intellectual property rights of others.

If you believe that material located on or linked to by the Platform violates your copyright, you are encouraged to notify the Platform and send your documents by email to our legal department : juris at swixjet dot com

The Platform will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

The Platform will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be infringer of the copyrights, Terms of use or other intellectual property rights of Platform or others.

In the case of such termination, the Platform will have no obligation to provide a refund of any amounts previously paid to Platform.

 

Intellectual Property

This Agreement does not transfer from Platform to you any of the Platform or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the Platform.

Swixjet, Swixjet.com, Swixjet logos, and all other trademarks, service marks, graphics and logos used in connection with the Platform or our Services, are trademarks or registered trademarks of the Platform or Platform’s licensors or partners.

Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties.

Your use of our Services grants you no right or license to reproduce or otherwise use any Platform or third-party trademarks.

 

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect.

The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms.

 

Termination

The Platform may terminate access of a visitor or a user (registrant) to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Platform account (if you have one), you may simply close your account from the user dashboard.

The termination of a customer account, either by the Platform or the user, for whatever reason, doesn’t entitles right to a refund or compensation.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

Our Services are provided “as is.” The Platform and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, conformity, fitness for a particular purpose and non-infringement.

Neither the Platform nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain our Services at your own discretion and risk, in accordance with the current laws in Switzerland.

 

General Representation and Warranty

You represent and warrant that your use of our Services:

– Will be in strict accordance with this Agreement;

– Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the country in which you reside, privacy, and data protection); and

– Will not infringe or misappropriate the intellectual property rights of Platform or any third party.

 

Limitation of Liability

In no event will the Platform, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: 1- any special, incidental or consequential damages; 2- the cost of procurement for substitute products or services; 3- for interruption of use or loss or corruption of data; or 4- for any amounts that exceed the fees paid by you to the Platform under this Agreement during the twelve (12) month period prior to the cause of action.

The Platform shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

Indemnification

You agree to indemnify and hold harmless the Platform, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

 

Jurisdiction and Applicable Law

This Agreement, any access to or use of the Platform and our Services are governed exclusively by Swiss laws. The place of jurisdiction is Lausanne, State of Vaud, Switzerland.

 

Translation

These General Terms of Use were originally written in French (France). We may translate these terms into other languages. In the event of a conflict between a translated version of these General Terms of Use and the French version, only the French version will control.

 

Miscellaneous

This Agreement constitutes the entire agreement between you and Swixjet concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Swixjet, or by the posting by Platform of a revised version of this Agreement.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

The Platform may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Copyright © Swixjet Aviation. Any reproduction and/or distribution without prior written consent is strictly forbidden. All rights reserved.

 

Lausanne, June 2020.