ARTICLE 1 - Responsible Person

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The original contents (i.e., texts, images, photographs, brands, trademarks) of the SWISS PHARMACY COSMECEUTICALS™ website (i.e., www.swisspharmacycosmeceuticals.ch and www.swisspharmacycosmeceuticals.com collectively “Website”) are the sole property and responsibility of TEC-PHARMA SA, a Swiss company with registered address at Rue du Village 3, CH-1038 Bercher, Switzerland, identification number CHE-105.325.817 ("Responsible Person"). The Responsible Person provides this Website, including all information, tools, and services available to you, the visitor (“Visitor”), subject to your acceptance of all terms, conditions, policies, and notices set forth herein. Prolonged use of the Website after reading of the present articles is considered as an integral acceptance thereof.

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ARTICLE 2 - Website Contents

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The responsibility of the author of the SWISS PHARMACY COSMECEUTICALS™ website ("Author"), an affiliate of the Responsible Person, and the responsibility of the Responsible Person, respectively, can not and shall not be exposed in case of material or intellectual prejudice resulting from the use or the non-use of the contents of the Website, such as the use of incomplete or erroneous information (“Information”), provided that such prejudice can not be attributed to an act of negligence or a deliberate and deceitful act consciously perpetrated by the Author. Although diligent care has been taken by the Author and the Responsible Person to ensure the accuracy of the Information provided on the Website, reflecting the best of current knowledge, the Author and Responsible Person can not accept any responsibility for flaws in the accuracy, currency, or completeness of the Information. The Author explicitly reserves the right to modify, amend, or delete the contents of the Website, in part or in full, without notice, as well as to suspend publication thereof, on a temporary or indefinite basis. While the Author reserves the right to change the content of the Website at any time, no obligations to update the Information on the Website exist. Visitors and users (collectively "Visitors") agree that it is their own responsibility to monitor changes to the Website. The Author and Responsible Person reject the responsibility for any, and all third-party content gathered or transmitted on or via the Website. In the case where such content would be found to be illegal in nature or substance, it shall be promptly and permanently deleted from the Website by the Author. The Author reserves the right to, but is not obligated to, limit access to the Website to any moral or physical person in any geographic area or jurisdiction. This right may be exercised on a case-by-case basis.

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ARTICLE 3 - Visitor Rights & Responsibilities

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The Responsible Person hereby grants you, the Visitor, a limited, revocable, and non-exclusive license to access and make personal use of the Website. Visitors must comply immediately and diligently with any suspension of contract or other requests, including, if applicable, ceasing all use of the Website. By visiting the Website, Visitors explicitly agree to be bound by the present terms and conditions of use. Visitors are expressly invited to  read all the present articles carefully before accessing or using the Website. By accessing or using any part of the Website, Visitors agree to be bound by the terms and conditions of use set forth herein. If Visitors do not agree to all the terms and conditions of use of this agreement, then they should not access the Website or use the services offered therein. All new features and tools that will be added to the Website in the future will also be subject to these terms and conditions of use. Visitors can view the most recent version of the terms and conditions of use at any time on the present page. The Author reserves the right to update, change, or replace any part of these terms and conditions of use without notice by posting updates and/or changes on the Website. It is the responsibility of the Visitor to check this page regularly to see if any changes have been made. Continued use of or access to the Website by the Visitor after any changes are posted constitutes acceptance of those changes. The Responsible Person and Author reserve the right to deny access to the Website to any person at any time, for any reason whatsoever. The contents of the Website are provided for informational purposes only and should not be the sole source of information for making decisions without first consulting more accurate, complete, and up-to-date sources of information. If Visitors decide to rely on the contents and Information presented on the Website, they do so at their own risk.

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ARTICLE 4 - Visitor Inputs

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If at the request of the Author or Responsible Person, Visitors submit specific content, or if without such request, Visitors send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise ("Comments"), Visitors grant to the Responsible Person the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments received. The Author and Responsible Person are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments. The Author may, but is under no obligation toward the Visitors to, monitor, edit, or remove content that is believed, in his sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these terms and conditions of use. Applicable legal provisions are reserved. Visitors agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Visitors also warrant that their comments will not contain any illegal, defamatory, offensive, or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Website or any related website. Visitors may not use a false e-mail address, pretend to be someone they are not, or try to mislead the Responsible Person and/or third parties as to the origin of the comments. Visitors are entirely responsible for all comments they post and for their accuracy. The Author and Responsible Person take no responsibility and disclaim any liability for any comments Visitors or any third party post.

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ARTICLE 5 - Illegal Use of Content

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In addition to the general prohibitions set forth in these terms and conditions of use, Visitors are prohibited from using the Website or its content: (a) for illegal purposes; (b) to induce or participate in illegal acts by third parties; (c) to violate any regional or international, federal, provincial, or state laws, rules or regulations; (d) to infringe or violate the Responsible Persons' or third parties' intellectual property rights; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Website or any related, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, search, or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of the Website, any other website, or the Internet. The Author and Responsible Person reserve the right to terminate the Visitors' use of the Website or any related website for violating the prohibited uses clause.

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ARTICLE 6 - Intellectual Property Rights and Other Rights

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The Responsible Person solely owns and commercially exploits the contents of the Website. All the brands, names, titles, logos, images, graphical art, texts, and other elements are the sole property of the Responsible Person or of its authorized representatives ("Authorized Representatives"). No intellectual property or copyright rights are granted upon browsing, downloading, or copying of the contents of the Website. Partial or total reproduction, transmission (i.e., physical, verbal, or electronic), modification, use, storage, or referencing of the Website for public or commercial purposes are explicitly forbidden without prior written approval and confirmation from the Author and the Responsible Person.

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ARTICLE 7 - Data Protection

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The Responsible Person explicitly warrants that applicable Swiss and European regulations on data protection are diligently followed in the scope of the operation of the Website. To protect personal information, reasonable precautions and industry best practices are taken and followed, respectively, to ensure that data is not lost, misappropriated, accessed, disclosed, altered, or inappropriately destroyed. Upon access to the Website, the following data are recorded: visitor IP address, date and time of visit, browser identifier, information on the operating system, and browser. These do not constitute identifiable personal data. Such data allow the Author to constitute anonymous statistics in view of understanding trends and iteratively ameliorate the contents of the Website. Personal data are stored in a dedicated and secured database and will be permanently erased upon written request by Visitors. Personal data will not be passed on to third parties without the express consent of the Visitor. The Author points out that data transmission on the Internet (e.g., by E-mail) has inherent security gaps and that complete data protection against access by third parties cannot be guaranteed at all times. The Author assumes no liability for damages caused by such security gaps. The use of contact data by third parties for commercial purposes is expressly prohibited. The Author and Responsible Person reserve the right to take legal action in the event of unsolicited sending of advertising information by physical or electronic mail. The Responsible Person may disclose Visitor personal information if required to do so by law or if the Visitor violates terms and conditions of use.

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ARTICLE 8 - Cookies and Analytical Tools

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A cookie is a data extract that allows the Author to identify and target the Visitors' preferences. The cookie will be stored on the Visitors' computer hard drive until the Visitor removes it. Some Authorized Representatives may also use cookies on their respective websites. However, the Responsible Person and Author do not have access to or control over these cookies and cannot be held liable for such use. In addition, the Author may use IP addresses to analyze trends, administer the Website, identify traffic patterns, and gather broad demographic information for aggregate use, as well as to protect against fraud and reduce risks. Except as set forth herein, the Author will never use IP addresses in association with personally identifiable information without the Visitors' prior consent. The Website uses Google Analytics, a web traffic analysis service provided by Google. Google Analytics uses cookies to help the Website analyze how Visitors use the site. The data generated by the cookies is transmitted and stored by Google. Google uses this information in order to evaluate the use of the Website by its Visitors and to compile reports on the Website's activity for its Author. Google may also transfer this information to third parties if required to do so by law. Google undertakes never to cross-check Visitors' IP addresses with any other data held by Google. Visitors may refuse the use of cookies by selecting the appropriate settings on their browser. However, Visitors should note that by doing this, the full functionality of the Website might be locally compromised. By using this Website, Visitors consent to the processing of data by Google in the manner and for the purposes set out hereabove.

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ARTICLE 9 - Hyperlinks and External References

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The Website provides references and links to other websites. Access to and use of these websites is at the Visitor's own risk. The Responsible Person expressly declares that it has no influence on the form and content of the linked websites. The information and services offered by these websites are entirely the responsibility of their respective authors. At the time of link creation, no violations were identifiable on respective third-party sites. If such a violation of the law becomes known, the link will be removed immediately from the Website. Visitors acknowledge and agree that the Author provides access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. The Responsible Person will have no legal liability arising out of or relating to the use of these optional third-party tools. If Visitors use the optional tools offered on these external websites, they do so at their own risk and discretion, and they should consult the terms and conditions under which such tools are offered by the applicable third-party Authorized Representatives and/or vendors. The Author is not required to review or evaluate the content or accuracy of linked third party websites and does not guarantee or assume any responsibility for any content, websites, products, services, or other materials accessible on or from such third-party websites. The Author and Responsible Person are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third-party websites. Visitors are invited to read the policies and practices of third parties carefully and to make sure that they understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding the products of these third parties should be directed to the same third parties. The Author may also offer new services and/or features on the Website (i.e., including new tools and resources) in the future. These new features and services will also be subject to these terms and conditions of use.

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ARTICLE 10 - Limitations of Liability

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The Author does not warrant or represent that the use of the Website will be uninterrupted, timely, secure, or error-free. The Author does not warrant that the results that may be obtained through the use of the Website will be accurate or reliable. Visitors agree that from time to time, the Author may remove the Website for indefinite periods of time or cancel the Website at any time without notice to Visitors. Visitors expressly agree that use of, or inability to use, the Website is at their sole risk. The Website is provided to Visitors "as is" and "as available" for their use without representations, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall the Responsible Person, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of the Visitors' use of the Website, or in respect of any other claim relating in any way to the Visitors' use of the Website, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the Visitors' use of the Website or any content published, transmitted, or otherwise made available through the Website, even if the Visitors have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the Responsible Persons' liability will be limited to the maximum extent permitted by law. In particular, Visitors acknowledge that the Responsible Person will not be responsible, in any circumstances, for (a) any interruptions in service; (b) delays or interruptions in using or accessing the Website; (c) non-delivery of data, delivery to any person other than the intended recipient, corruption, destruction, or other modification; (d) loss or damage of any kind incurred as a result of transactions made in connection with the Websites’ affiliated parties; (e) any computer virus, system failure or malfunction that may occur in connection with the use of the Website, including while hyperlinking to or from third party websites.

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ARTICLE 11 - No Offer Clause

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The Information contained on the Website is merely and solely for information purposes. No Information available on the Website constitutes a solicitation, an offer, or a recommendation from the Author, to effect any transactions or to conclude any legal act of any kind whatsoever. Visitors may not rely on the Information on the Website for making any such decisions.

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ARTICLE 12 - Hold Harmless Clause

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Visitors agree to indemnify, defend, and hold the Responsible Person, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Visitors’ violation of these terms and conditions of use, or the violation of any law or the rights of a third party.

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ARTICLE 13 - Dissociability

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In the event that any provision of these terms and conditions of use is determined to be unlawful, void, or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these terms and conditions of use, such severance shall not affect the validity and enforceability of any remaining provisions.

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ARTICLE 14 - Forward-looking Statements

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The Website may contain forward-looking statements. Forward-looking statements provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to a historical or present fact. While such statements may represent the Author's judgment and expectations, a number of risks, uncertainties, and other important factors could cause actual developments and results to differ materially from expectations. Therefore, Visitors must be cautious and not place undue reliance on forward-looking statements presented on the Website. The Responsible Person and Author are under no obligation to update or alter forward looking statements on the Website, whether as a result of new information, future events, or otherwise.

 

ARTICLE 15 - Storytelling, Opinions, and Pictures

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The Author allows storytelling, opinions, and pictures to be originally presented on the Website. Visitors must not understand them as a statement of facts or review them while applying scientific criteria. The Author does not wish and is under no obligation to verify the exactitude or the completeness of the content of stories or opinions or the use of pictures on the Website. The liability of the Responsible Person for any required accuracy or completeness of stories, the defensibleness of opinions, and the appropriateness of the use of pictures shall be excluded to the extent permitted by applicable law. The stories may be incomplete or not entirely correct in a scientific sense. Furthermore, the Website may include opinions that are provocative and arguable. Such opinions are based on the Author's interpretation of information available at the given time of publication and do not necessarily reflect the views of the Responsible Person. Moreover, the Website may include pictures that may be understood by users as not entirely appropriate in a particular context. The use of a picture in a particular context is based on the Author's discretion and does not necessarily reflect the views of the Responsible Person. The Website may include statements and quotes of third parties. Such statements and quotes are generally labeled as information provided by third parties. The Responsible Person does not and is under no obligation to verify the content of third party statements or quotes on the Website. The liability of the Responsible Person for the accuracy or completeness of such third party statements and quotes shall be excluded to the extent permitted by applicable law.

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ARTICLE 16 - Integrality of Provisions

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Any failure by the Responsible Person to exercise or enforce any right or provision of these terms and conditions of use shall not constitute a waiver of such right or provision. These terms and conditions of use or any other policies or operating rules that are posted on the Website or in connection with the Website constitute the entire agreement and understanding between the Visitor and the Responsible Person and govern the use of the Website, and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between the Visitor and the Responsible Person (i.e., including, but not limited to, any prior version of the terms and conditions of use). Any ambiguity as to the interpretation of these terms and conditions of use shall not be construed to the detriment of the drafting party.

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ARTICLE 17 - Modifications of Provisions

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The most recent version of the terms and conditions of use may be consulted freely on this page of the Website. The Author reserves the right, at his sole discretion, to update, modify, or replace any part of these terms and conditions by posting updates and changes on the Website.

 

ARTICLE 18 - Termination Clause

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The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes. These terms and conditions of use are effective unless and until terminated by either party. Visitors may terminate these terms and conditions of use at any time by notifying the Responsible Person in writing that they no longer wish to use the Website. If it is determined, in the sole discretion of the Responsible Person, that Visitors are failing, or if it is suspected that Visitors have been unable to comply with the terms of these terms and conditions of use, the Responsible Person may also terminate this agreement at any time without notice to the Visitor, and/or access to the Website (or any part thereof) may be denied.

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ARTICLE 19 - Applicable Law and Venue

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Any dispute arising under or in connection with these terms and conditions of use shall be settled in accordance with the Swiss Inter-Cantonal Arbitration Agreement by an arbitrator appointed in accordance with the said rules. The rules of arbitration are subject to Swiss law. Arbitration under such law shall be conducted in the City of Lausanne, Switzerland. The only applicable law is Swiss law, to the exclusion of private international law. Any dispute will be submitted to the court of La Broye and of Nord Vaudois, subject to appeal to the Swiss Federal Court.

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ARTICLE 20 - Contact Information

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Questions regarding the terms and conditions of use should be sent at sales@swisspharmacycosmeceuticals.ch or to the registered postal address of the Responsible Person.