Terms and Conditions of Use - OLD

These general terms and conditions of use (the “T&Cs”) are intended to govern the terms and conditions of use of the website www.hit-air.ch (the “Website”) published by Katexa Ltd, a public limited company based in Switzerland registered under CHE‑114.531.304 (“Katexa Ltd”) as well as the offer and purchase of the latter’s products and services available on the Website. hit-air is operated in Switzerland by Katexa Ldt. Headquarter of Katexa Ltd is located at Rue de Lausanne 45, 1110 Morges, Vaud, Switzerland. For now, these T&Cs are available in English only.

By browsing the Website, User (the “User”) agrees to the T&Cs of the Website and its documentation. If User does not agree to the T&Cs, he should not use the Website. These T&Cs may be amended by Katexa at any time, without prior notice, to take into account Website developments and changes to applicable regulations. The new version of the T&Cs will be provided on the Website. User is encouraged to regularly read them.

The purpose of the Website is to provide information about hit-air activities, products and services. It allows the buying of hit-air products aimed at personal security. User must agree to the general terms and conditions of sales in order to buy products on the Website. Furthermore, the Website allows User to obtain informations, technical support and guides concerning the various hit-air products. The Website offers interactive functionalities such as newsletters, a blog and a forum (the “Forum”).

The use of the Website is free of charges. Certain Website features are only available once the sign up/sign in are completed. Mandatory details are marked with an asterisk (*). Should details not provided, Katexa reserves the right not to provide the service. When Users create a new account on Website during the registration process, they agree to comply with these specific terms of use. Users agree to provide accurate, complete and up to date information only. Users cannot contribute or post to the Forum unless they have already created their account. Users acknowledge and agree that their contributions to the Forum are public and all other Website Users may access them. Users acknowledge that Forum posts reflect the opinions of their authors. As such, Katexa shall not, under any circumstances, be held liable for the content of those posts.

Similarly, Users agree not to:

• Threaten, defame, insult or intimidate a person or entity,
• Take part in or contribute to illegal activities or those that violate the rights of others, particularly their copyright or trademark rights,
• Publish, post online, download to a server, distribute or circulate any topic, name, element or information that is inappropriate, insulting to religious or ethical beliefs, defamatory, obscene, indecent or illicit,
• Supply false, misleading or incorrect information,
• Denigrate or harm the reputation of Katexa or any other user.

Users agree not to use the services available on the Website for the purpose of causing harm to Katexa or any other internet user, or to gain unauthorised access to any service, account, network or database Users agree to use the Website’s content and services in a proper, appropriate and fair manner, in accordance with these T&Cs. All illegal and illicit actions and/or those that are contrary to public order or good moral standards are strictly prohibited.

All Website elements and their design, selection, presentation and organisation are protected by intellectual property rights owned by katexa and hit-air brands. The trademarks, domain names, acronyms, logos, drawings and other elements that appear on the Website are the exclusive property of Katexa Ltd. Users are further informed that using the Katexa trademark in a domain name is strictly prohibited. Using the Katexa and/or hit-air trademarks in a domain name may result in legal proceedings. Using the Website does not transfer any intellectual property rights, including those relating to its content, the Katexa trademark or the software.

To find out more about the personal data we collect and use, User is refered to read the Personal Data Protection Policy on using the Website.

The Website may contain hyperlinks to redirect User to third party websites, including to agency or partner websites, or social networks. Katexa accepts no liability for the websites to which these links lead as it has no control over the various third party websites.

Katexa reserves the right, at its sole discretion, to end the User’s participation in the Forum at any time and without prior notice, and to remove any Forum contributions when a User has published inappropriate content or content that contravenes Article 3 of these T&Cs. Users may notify Katexa any illicit content or behaviour that contravenes these T&Cs here or by writing to info@katexa.com

Katexa will do its best to ensure the Website is accessible 24 hours a day and 7 days a week. Katexa may suspend, restrict or interrupt access to the Website or certain pages on it at any time in order to carry out updates, content modification and any other action deemed necessary for the Website to operate correctly. As such, Katexa in no way guarantees the availability, access to or continuity of the Website. Should it become unavailable for any reason, this will not give rise to any compensation for the User. Katexa is only responsible for the content it has published itself. Katexa shall not be held liable for any damage or loss suffered by the User in accessing and using the Website.

More generally, Katexa shall not be held liable for:

• The use made by the User of the Website,
• Any activity that constitutes a breach of these T&Cs by the User,
• Any damage caused to the User’s equipment by a virus contracted while browsing the Website or any other damage caused by the User’s browsing,
• The User is solely liable for all property or consequential financial loss or damage resulting from the use of the Website.

These T&Cs are subject to Swiss law. Any disputes arising from the application of these T&Cs that cannot be amicably resolved will be brought before the Swiss Commercial Court.