Terms and conditions
The website
www.fim-advantage.com (the "Website") is provided by FIM, the registered office being at 11, Route de Suisse, 1295 Mies,
Switzerland. The FIM employs the Website notwithstanding the possibility of any other ad hoc or permanent electronic addresses which may also provide access to the content and services provided by means of the Website.
Access by users
Access to and/or usage of the Website of FIM establishes user status and presupposes acceptance of these Terms & Conditions, in addition to the Privacy Policy of the FIM. The aforementioned conditions shall apply irrespective of any general contractual and electronic commerce conditions which may apply to the functionality provided by the Website. Users undertake to employ the services and information provided to the Website in accordance with principles of good faith.
Initial access to the Website is free of charge. However, there may be functionalities or services which are subject to payment of a price under the conditions established in each case.
In the event that in order to employ certain functions or services user registration is required, this will be performed by means of data gathering forms, subject to the terms of personal data protection legislation.
Protection of intellectual and industrial property rights
FIM or licensors of FIM own the intellectual and industrial property rights over the Website, including the content and graphical elements, the source code, design, browsing structure, databases and other elements comprising the Website. FIM is therefore exclusively entitled to exercise rights of exploitation in any form, and specifically rights of reproduction, distribution, public presentation and transformation. Any usage or reproduction performed by users of this content, or any which may in the future be included, must be performed in accordance with these Terms & Conditions, and in all cases with the written authorisation of FIM.
Reservation of rights: FIM explicitly declares a reservation of rights in general with regard to the set of content disseminated via the Website and subject to intellectual and industrial property. FIM expressly objects to the usage of any of the content of the publications of FIM in any format for the purpose of press reviews or cuttings for commercial purposes without the prior, express and written authorisation of FIM.
These Terms & Conditions do not constitute any assignment of rights to users with regard to any of the elements which comprise the Website or the content thereof.
The following acts are not authorised under any circumstances:
- Presentation of a page of the Website, or any content thereof, by means of any technique or procedure, including framing, in-line linking, etc.
- The extraction of elements from the Website which would be to the detriment of the Website, in accordance with the provisions in force.
- Commercial usage of the contents of the Website.
- Usage of trademarks or distinctive signs, logos, combinations of colours, structure, design and, in general, distinctive symbols of any kind which are the property of FIM, without the FIM having been informed and having granted the corresponding authorisation.
- Usage of contents in unlawful or illegal activities, or any which violate the principles of good faith and public order.
- Distribution of content or propaganda of a racist or xenophobic, pornographic or illegal nature, or any which infringes human rights.
- Causing of damage to the physical and logical systems of FIM, of its providers or third parties; introduction or dissemination within the network of computer viruses or other physical or logical systems which would be liable to cause the aforementioned damage.
- Attempts to access and, where applicable, make use of the e-mail accounts of other users or to modify or manipulate their messages.
Users may display the content of this Website, or copy and print it on their computer or any other platform, solely for their own personal and private use.
Responsibility for content
FIM reserves the right to modify or eliminate the content of the Website, and to limit or impede access, on either a temporary or definitive basis, without prior notice. FIM accepts no responsibility for technical access, information or the content of other websites to which it may refer or link from the Website. FIM does not necessarily share the opinions expressed by its contributors.
Information regarding links accessible from the Website: FIM accepts no responsibility for third-party websites and those not owned by it which may be accessed via links or any other content made available by third parties. Any usage of a link or connection to a third-party website is performed at the sole risk and venture of the user. FIM does not recommend or guarantee any information obtained via a link beyond the confines of the Website, and accepts no responsibility for any loss, claim or damages derived from usage or misuse of a link, or the information obtained thereby, including other links or websites, interruption of service or access, or an attempt to make any usage or misuse of a link, whether in connecting to the Website or accessing information of other websites from this Website itself.
Notwithstanding any other provision of these Terms & Conditions, FIM excludes any liability connected with the Website or these Terms & Conditions to the extent legally possible.
Right of exclusion
FIM reserves the right to deny or withdraw access to its Website and/or the services provided without the need for prior notification, on its own initiative or at the behest of a third party, in the event that users are in breach of these Terms & Conditions.
Subscriptions
Subscription to products published by FIM conducted via the Website will be voluntary, and presuppose acceptance of the conditions established in the case in question, which users must expressly accept. This will likewise presuppose agreement to receive commercial information regarding the products and services of FIM. Registration for such services constitutes authorisation for FIM to perform this type of communication. Users may revoke authorisation by contacting FIM in the manner indicated in each case.
General aspects
FIM explicitly reserves the right to pursue any breach of these Terms & Conditions for any improper usage of its websites by exercising all civil and criminal actions to which it may legally be entitled.
FIM cannot guarantee that the Website and the server are free of viruses, and therefore accepts no liability for any damages which may be caused by such anomalies or any other technical incidents. It excludes any warranties connected with its Website and the use of its Website.
Modification and duration of these Terms & Conditions
FIM may modify these Terms & Conditions from time to time and such modified version of the Terms & Conditions set out on the Website will replace the former Terms & Conditions with immediate effect.
Applicable legislation and jurisdiction
The relationship between FIM and users shall be governed by substantive Swiss law excluding the conflict of law rules and the Laws in treaties. The courts of Zurich, Switzerland, shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the relationship between FIM and the users.