TERMS OF SERVICES PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. Last Revised: 2022-06-23 09:31:24 1. OVERVIEW This Terms of Service Agreement ("Agreement") is entered into by and between Eons Geneva, registered address Avenue Pictetde-Rochemont 33B, Switzerland ("Company") and you, and is made effective as of the date of your use of this website http://www.eons.ch ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the http://www.eons.ch as well as the products and/or services purchased or accessed through this Site (the "Services").Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES. 2. ELIGIBILITY This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Switzerland or other applicable jurisdiction. If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement. 3. RULES OF USER CONDUCT By using this Site You acknowledge and agree that: Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not use this Site in a manner that: Is illegal, or promotes or encourages illegal activity; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages or engages in terrorism, violence against people, animals, or property; Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; Infringes on the intellectual property rights of another User or any other person or entity; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site; Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware. You will not: copy or distribute in any medium any part of this Site, except where expressly authorized by Company, copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub Terms and Conditions Generator, modify or alter any part of this Site or any of its related technologies, access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself. 4. INTELLECTUAL PROPERTY In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned by or licensed to Eons Geneva in perpetuity, and are subject to copyright, trademark, and/or patent protection. Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, noncommercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. 5. LINKS TO THIRD-PARTY WEBSITES This Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. 6. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 7. LIMITATION OF LIABILITY IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 8. INDEMNITY You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site. 9. DATA TRANSFER If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. 10. AVAILABILITY OF WEBSITE Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. 11. DISCONTINUED SERVICES Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to. 12. FEES AND PAYMENTS You acknowledge and agree that your payment will be charged and processed by Eons Geneva. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. Except as expressly provided in these Terms, all charges and payments are non-refundable, non-cancellable, and non-creditable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. 13. NO THIRD-PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 14. COMPLIANCE WITH LOCAL LAWS Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations. 15. GOVERNING LAW This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Switzerland, Geneva, to the exclusion of conflict of law rules. 16. DISPUTE RESOLUTION The courts of Switzerland, Geneva shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation. 17. TITLES AND HEADINGS The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. 18. SEVERABILITY Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. 19. CONTACT INFORMATION If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Eons Geneva Avenue Pictet-de-Rochemont 33B Switzerland info@eons.ch
PRIVACY POLICY Your privacy is important to us, so Eons Geneva, a company based in the Switzerland, has created the following Privacy Policy ("Policy") to let you know what information we collect when you visit our Site http://www.eons.ch ("Site"), why we collect it and how we use it. The terms "You," "Your," "Yours" and "User" refer to the entity/person/organization using our Site. When this Policy mentions "We", "Us," and "Our" it refers to Eons Geneva and its subsidiaries and affiliates. This Privacy Policy is governed by our Terms of Services. For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at info@eons.ch. 1. INFORMATION WE COLLECT FROM YOU We collect the information You provide to us and this information is necessary for the adequate performance of the contractual arrangement which is in place between You and us and allow us to comply with our legal obligations. Account Signup Information. When You create the account, we ask You to provide the signup information, such as Email, Name, Surname, Phone, Username, Passwords, Personal Number, Address. Communications, Chats, Messaging. When you communicate with us through email or any other way, we collect information about your communication and any information You choose to provide or disclose. In order to answer your request, we may access information provided by email, chats, purchase history, etc. Payment Information. To order and use features of Site, we may require you to provide certain financial information in order to facilitate the processing of payments. We collect your Credit or debit card number, Credit or debit card type, Credit or debit card expiration date, Billing address, Tax number, Name and surname. Login information. We collect Login information if You are logging to our account with Authentication Data. 2. INFORMATION WE COLLECT AUTOMATICALLY When you use our Site or contact us directly we may collect information, including your personal information, about the way you act in our Site, the services You use and how You use them. This information is necessary for the adequate performance of the contract between You and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Site. Log data and Device information. We automatically collect log data and device information when you access and use the Site, even if you have not created an Account or logged in. That information includes, among other things: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referring/exit pages, Operating system, Date/time stamp, Clickstream data. Tracking technologies and Cookies. We use Cookies, Beacons, Tags, CI codes (click tracking), ISC (source tracking), ITC (item tracking codes), Phone model, Device ID, Customer number. We also automatically collect information about device’s operating system, . Geo-location data. We collect information about your approximate location as determined by data such as your IP address to offer you an improved user experience. Such data may be collected only when you access the Site using your device. Usage information. We use a tool called "Google Analytics" to collect information about your interactions with the Site (what pages you visit, such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Site. In consequence, Google, Inc. plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site). For more information please visit Google. Publicly available personal Information. 3. THE WAY WE USE YOUR INFORMATION We process your information adhering to the general data processing principles. We may use the information we collect through our Site for a number of reasons, including to: to identify user to create account to create trusted environment to create statistics and analyze market to stay connected to customize marketing to send billing information to manage user orders to contact user to improve services to ensure data security and prevent fraud to comply with applicable laws to request feedback to post testimonials to provide support We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate business interests. 4. DIRECT MARKETING We may use your provided contact details for direct marketing. These direct marketing offers, depending on your preferences, may be personalized taking into account any other information which you have provided to us (e.g. location, social media profile information, etc.) or we have collected or generated from other sources as described below. If you wish to withdraw the consent for direct marketing, and refuse to receive information from us, you may exercise such option at any time you wish by updating your preferences in your account, following the instructions to unsubscribe in the received email, sending an email to info@eons.ch, clicking on a link for that purpose at the bottom of our e-mail with the newsletters. 5. COOKIES Cookies are small text files stored by your browser on your computer when you visit our Site. We use cookies to improve our Site and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information. Cookies from our Site cannot be read by other Sites. Most browsers will accept cookies unless you change your browser settings to refuse them. Cookies we use on our Site: Strictly necessary cookies - These cookies are required for the operation of our Site. They help us to show you the right information, customize your experience, and allow us to implement and maintain security features as well as to help us detect malicious activities. Without these cookies operation of the Website would be impossible or its functioning may be severely affected. You may find more information about how to delete cookies, as well as the other useful information related to the use of the cookies, on the website http://www.allaboutcookies.org/. 6. INFORMATION FROM MINORS This site and our Services are not intended for or directed to persons under the age of 18. We do not knowingly collect or ask for information from minors. We do not knowingly allow minors to use our Site or Services. We will delete any information we discover is collected from a minor. Please contact us using the contact details below if you believe we might have information about a minor. 7. SENSITIVE INFORMATION We do not collect sensitive information such as political opinions, religious or philosophical beliefs, racial or ethnic origin, genetic data, biometric data, health data or data related a sexual orientation. Please do not send, upload, or provide us any sensitive data and contact us using the contact details below if you believe that we might have such information. We have a right to delete any information we believe it might contain sensitive data. 8. PAYMENT INFORMATION To order and use our services we may require you to provide certain financial information to facilitate the processing of payments. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your Personal information is governed by their Privacy Policy. All payment data is stored by PAYPAL, STRIPE. You may find their privacy policy link(s) here: https://www.paypal.com/fr/webapps/mpp/ua/privacy-full https://stripe.com/fr/privacy. 9. RETENTION We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligation, resolve disputes, and enforce our agreements. We will retain your personal information not longer than you keep your account, unless we are otherwise required by law or regulations to retain your personal information longer. If you would like to stop us using your personal information, you shall request that we erase your personal information and close your Account. Please note that even after deletion of your account we may keep some of your information for tax, legal reporting and auditing obligations. 10. SECURITY We have implemented security measures designed to protect the personal information you share with us, including physical, electronic and procedural measures. Among other things, we regularly monitor our systems for possible vulnerabilities and attacks. Regardless of the measures and efforts taken by us, the transmission of information via internet, email or text message is not completely secure. We do not guarantee the absolute protection and security of your personal information or any other User Content you upload, publish or otherwise share with us or anyone else. We therefore encourage you to avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm. If you have any questions regarding the security of our Site or Services, you are welcome to contact us at info@eons.ch. 11. YOUR RIGHTS You are entitled to a range of rights regarding the protection of your personal information. Those rights are: The right to access the information we have about you. If you wish to access your personal information that we collect, you can do so at any time by contacting us using the contact details provided below. The right to rectify inaccurate information about you. You can correct, update or request deletion of your personal information by contacting us using the contact details provided below. The right to object the processing. When we rely on your consent to process your personal information, you may withdraw consent at any time by contacting us using the contact details provided below. This will not affect the lawfulness of processing prior to the withdrawal of your consent. The right to lodge a complaint. You can raise questions or complaints to the national Data Protection Agency in your country of residence in the event where your rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first. The right to erase any data concerning you. You may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed. 12. APPLICATION OF POLICY This Policy was created with the help of the TermsHub.io and the Privacy Policy Generator and applies only to the services offered by our Company. Our Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include our services or other sites linked from our Site or Services. 13. AMENDMENTS Our Policy may change from time to time. We will post any Policy changes on our Site and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes). 14. ACCEPTANCE OF THIS POLICY We assume that all Users of this Site have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our Site. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 13. Continued use of this Site implies acceptance of the revised Policy. 15. FURTHER INFORMATION If you have any further questions regarding the data we collect, or how we use it, then please feel free to contact us at the details as indicated above. Users from EU and EEA can easily contact our European representative: Eons Geneva info@eons.ch
COOKIE POLICY In this Cookie Policy we will provide you with detailed information on how Eons Geneva (hereinafter - the "we" or "our"), shall undertake to ensure the security of personal information and the protection of rights of the visitors and users of the websites (hereinafter - the "Visitors", "You") while you use our websites including but not limited to http://www.eons.ch (hereinafter - the "Site") and the content on it. 1. WHAT IS A COOKIE? A cookie is a small file placed onto your device that enables our Site features and functionality. For example, cookies can enable us to identify your device and secure your access to the Site. Cookies also allow the Site to remember information about your browsing on the Site for a while and to recognize you the next time you visit the Site. All this allows us to give you the opportunity to use the Site comfortably and to make the Site even more user-friendly. 2. WHY DO WE USE COOKIES? We use cookies for the following main purposes: To ensure efficient and safe functioning of the Site. We use cookies to enable and support our security features, and to help us detect malicious activity on our Site. To understand, improve, and research products, features, and services, including when you access our Site from other websites or devices such as your computer or your mobile device. To recognize the returning visitors of the Site. Cookies help us show you the right information and personalize your experience. Cookies also help avoiding re-registration or re-filling of the information by you each time you visit the Site. To analyze your habits so that the functioning of the Site would be convenient, efficient and would conform to your needs and expectations. To measure the flows of the information and data being sent to our Site. We use the cookies for accumulation of statistical data about the number of users of the Site and their use of the Site. For targeting and advertising. By using the cookies we may collect information so that only relevant content is displayed for the browser by creating different target groups. We may use cookies to show you relevant advertising both on and off our Site. 3. WHAT COOKIES DO WE USE? Each time you visit our Site, the long-term (persistent) cookies may be created, which stay in your browser after you sign-up and will be read by us when you return to our Site and not deleted after you finish browsing our Site, and the short-term (session) cookies, which expire or are deleted after you finish browsing our Site (i.e. they usually last during the current visit to our Site or browsing session). Cookies used by the Company: Strictly required or necessary cookies. These cookies are required for the operation of our Site. They include, for example, cookies that enable storage of information filled by you during the browsing session, enable you to log into secure areas of our Site. Without these cookies operation of the Site would be impossible or its functioning may be severely affected. Preferences cookies. These improve the functional performance of our Site and make it easier for you to use. These cookies remember the settings selected by the Visitors (for example, the settings of language or currency). With the use of these cookies, the Visitors may avoid the changes of settings during each visit of the Site. These cookies also remember changes made by you in the Site (for example, in case you leave comment on the Site). These cookies do not track your behavior in other websites. Analytics and Statistics. These cookies show us if the Visitor has visited our Site before. The analytic cookies allow us to recognize and count the number of users of our website and see how such users navigate through our Site. We also use cookies to understand, improve, and research products, features, and services. For instance, analytical cookies may show us, which websites are visited more frequently, help us to record dysfunctionalities of the Site, etc. Marketing and Retargeting. These cookies are usually set by our marketing and advertising partners. They may be used by them to build a profile of your interest and later show you relevant ads. If you do not allow these cookies you will not experience targeted ads for your interests. Third-party cookies: We use Google Analytics, a web analysis service provided by Google, Inc (hereinafter referred to as "Google"). The information collected by Google Analytics is transmitted to and stored with Google. Google may transmit the information collected by Google Analytics to the third parties as required by the law or when those third parties process the information in the name of Google. We recommend consulting the Google Privacy and Cookies Policy on a separate and regular basis. 4. HOW TO REFUSE OR BLOCK COOKIES? Many web browsers are set so that they would automatically accept all cookies. You may refuse and make a preference which cookies you allow by choosing it in our Cookie Consent Banner. Also all the cookies will be set if you accept all by clicking "Accept All" on our Cookie Consent Banner. The Visitors may, at their discretion, manage, block or delete cookies, if the settings of their browser or device enable them to do so. Nevertheless, if you refuse or block the cookies or other similar technologies, some functions of the Site may be inaccessible to you or they may operate not properly. We draw your attention that necessary cookies are critical for functioning of our Site, and in case of your objections, some features of the Site may not work or may not work properly. You may require that we delete all the data about you, as collected and processed with the help of the cookies, by contacting to the email address info@eons.ch. You can opt out of Google Analytics without affecting how you visit our Site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout. You may find more information about how to delete cookies, as well as the other useful information related to the use of the cookies, on the website http://www.allaboutcookies.org/. 5. DO WE UPDATE COOKIE POLICY? This Cookie Policy may be updated by us from time to time. We will inform you about the updates, by providing the new version of the Cookie Policy. For this reason, we recommend you periodically visit our Site, where you will always find the latest version of this Cookie Policy. This Policy was created with the help of the TermsHub.io and the Cookie Policy Generator. This Cookie Policy shall be applied from the date of announcement of it on the Site.
MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA) PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT ("EULA AGREEMENT") CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. Last Revised: 2022-06-23 09:26:07 1. OVERVIEW This EULA agreement is a binding agreement, entered into by and between Eons Geneva, registered address 33B Avenue Pictet-deRochemont, 1207 Genève, Switzerland ("Eons Geneva") and you, and is made effective as of the date you download, install or use the Application Eons ("Application") or from the date of your electronic acceptance. This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use Eons Geneva Application and contains liability disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade, internet-based service, and support service for the Application. Whether you are acquiring Application directly from Eons Geneva or through Eons Geneva authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge, and agree to be bound by this EULA agreement. The terms "we", "us" or "our" shall refer to Eons Geneva. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Application, or has access to our Application. Eons Geneva may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Application after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised. BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION. 2. ELIGIBILITY Our Application is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Application e under the laws of the Switzerland or other applicable jurisdiction. If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, Eons Geneva finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this EULA agreement. 3. LICENSE GRANT Subject to the terms of this EULA Agreement Eons Geneva hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Eons Geneva Application on your own, non-commercial use devices in accordance with the terms of this EULA agreement. The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application. You are permitted to load the Eons Geneva Application (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Eons Geneva Application. 4. RESTRICTIONS Without first obtaining the express written consent of Eons Geneva, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Application. You are not permitted to: edit, modify, alter, adapt, or otherwise change the whole or any part of the Eons Geneva Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other Application or any software, nor decompile, disassemble or reverse engineer the Application or attempt to do any of the listed actions, copy, reproduce, duplicate, resell or distribute in any medium any part of the Application, except where expressly authorized by Eons Geneva, remove or alter Eons Geneva trademarks or logos or legal notices included in the Application or related assets, remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application, use the service to try to gain unauthorized access to any service, data, account or network by any means, use the Application in any way which breaches any applicable local, national or international law, use the Application for any purpose that Eons Geneva, considers is a breach of this EULA agreement. Eons Geneva reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement. By using our Application you acknowledge and agree that your use of the Application, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules, and regulations. 5. INTELLECTUAL PROPERTY No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Eons Geneva shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of Eons Geneva. In addition to the general rules above, the provisions in this Section apply specifically to your use of Eons Geneva content used in the Application (Eons Geneva content). Eons Geneva content used in this Application, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, are owned by or licensed to Eons Geneva in perpetuity, and are subject to copyright, trademark, and/or patent protection. Eons Geneva content is provided to you “as is”, “as available” and “with all faults” for your information and personal, noncommercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Eons Geneva. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this EULA agreement. 6. COLLECTION AND USE OF YOUR INFORMATION You acknowledge that when you download, install, or use the Application, Eons Geneva may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 7. UPDATES Eons Geneva may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Eons Geneva has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: the Application will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement. 8. THIRD-PARTY MATERIALS The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Eons Geneva is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Eons Geneva does not assume and will not have any liability or responsibility to you or any other person or entity for any ThirdParty Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions. 9. USER SUBMISSIONS With Respect to User Submissions, you acknowledge and agree that: your User Submissions are entirely voluntary, your User Submissions do not establish a confidential relationship or obligate Eons Geneva to treat your User Submissions as confidential or secret. Eons Geneva has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. Eons Geneva shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the Eons Geneva and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. 10. DOWNLOADING THE APPLICATION FROM THE APPLE APP STORE The following applies to the Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) this EULA agreement is concluded between you and Eons Geneva only, and not Apple; and (ii) Eons Geneva, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service. You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Eons Geneva and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Eons Geneva. You and Eons Geneva acknowledge that, as between Eons Geneva and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application in your possession and use of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Eons Geneva acknowledge that, in the event of any third party claim that an App Store Sourced Application or your possession and use of that App Store Source Application infringes that third party’s intellectual property rights, as between Eons Geneva and Apple, Eons Geneva, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA agreement. You and Eons Geneva, acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA agreement and that upon your acceptance of this EULA agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA agreement. By using the App Store Sourced Application you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting any other terms of this EULA agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. 11. DISCLAIMER OF WARRANTIES UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Eons Geneva, APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND DEFECTS AND Eons Geneva, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT. Eons Geneva MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Eons Geneva MAKES NO WARRANTIES THAT THE OPERATION OF THE APPLICATION WILL BE SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION. NO ORAL OR WRITTEN ADVICE PROVIDED BY Eons Geneva OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 12. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Eons Geneva, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Eons Geneva OR ANY OTHER PARTY, EVEN IF Eons Geneva IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Eons Geneva’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT. 13. INDEMNITY You agree to protect, defend, indemnify and hold harmless Eons Geneva and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Eons Geneva directly or indirectly arising from (i) your use of the Application; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of Application. 14. AVAILABILITY OF APPLICATION Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on 24/7 basis. You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures. You acknowledge and agree that we have no control over the availability of this Application on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto. 15. TERMINATION This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. Eons Geneva reserves the right to cease offering or providing Application at any time, for any or no reason, and without prior notice. Although Eons Geneva makes a great effort to maximize the lifespan of the Application, it might be, that the Application we offer will be discontinued. If that is the case, this EULA agreement will be terminated, and the Application will no longer be supported by Eons Geneva. Upon termination, all rights granted to you under this EULA agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. 16. COMPLIANCE WITH LOCAL LAWS Eons Geneva makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations. 17. GOVERNING LAW This EULA agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Switzerland, to the exclusion of conflict of law rules. 18. TITLES AND HEADINGS The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. 19. LIMITATION OF TIME TO FILE CLAIMS ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 20. SEVERABILITY Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. 21. CONTACT INFORMATION If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address: Eons Geneva 33B Avenue Pictet-de-Rochemont, 1207 Genève info@eons.ch