The following terms and conditions (hereby referred to as "T&Cs") disclose the basis on which Advitech Advisory and Technologies SA (hereby referred to as "Advitech") provides reports to you (hereby referred to as "Reports"), through the secure platform (hereby referred to as "Platform") of the website www.apistrends.advitechswiss.com (hereby referred to as "Website"). Advitech may also, in the future, offer new products, services and/or features (hereby collectively referred to, together with the Reports, as "Services") through the Website and/or Platform (including, the release of new tools and resources). Such new products, services and/or features shall also be subject to the T&Cs. Advitech would be pleased to provide you with its Services. To this end, you must read and accept these T&Cs.
The Reports have been prepared without consideration of your specific needs, objectives or financial circumstances. Therefore, before making a decision, you need to consider, with or without the assistance of an adviser, whether any decisions and/or strategies are appropriate, in light of your particular needs, objectives, financial circumstances and instrument specifics. The Reports do not constitute advice of any kind. Advitech disclaims all liability for loss or damages of any kind (including direct, indirect or consequential damages) suffered by any party as a result of any reliance on, or use of, the Reports.
Advitech provides an easy access to market reports and statistics published by third party publishers. Advitech will be diligent in maintaining plausible links to all documents indexed in its search engine in the way as it is described in the Website. However, Advitech does not guarantee that all links to public document remain plausible at all times. You acknowledge that the links provided to you through the search engine might be from time to time irrelevant or broken. Advitech hereby disclaims liability for any information or materials posted at any of the third party websites to which the Website links, and that link to the Website. Advitech does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-Advitech website or webpage, Advitech does not represent or imply that it endorses such website or webpage. Linked websites were checked for legal irregularities when the link was established and no illegal contents were recognisable at that point in time. In the absence of specific reasons for suspecting legal violations, Advitech cannot be expected to continuously monitor the contents of linked webpages. If Advitech becomes aware of illegal content, Advitech will immediately remove the links in question. Furthermore, Advitech is not responsible for the privacy practices of such other websites, which may provide less security than the Website. Advitech therefore encourages you to be aware when you leave the Website and to read the privacy statements of each third party website.
You represent and warrant that you are authorised to use the Platform and the Services and that you have the capacity to be bound by these T&Cs. If you are entering into these T&Cs on behalf of your employer, you represent and warrant that you are duly authorised and have the power and the authority to bind your employer. You agree to keep your username and the password that you use to log into the Platform privileged and confidential. You must immediately notify Advitech of any unauthorized uses of your account or any other breaches of security. Advitech shall not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
The Services provided by Advitech are as outlined on the Website and/or the Platform at the date of purchase. As a part of Advitech's continual development program, the Services may change from time to time. These changes shall be effective immediately upon updating the Website and/or the Platform.
All Advitech servers are managed in a secure mission critical environment. However, it is possible that occasional delays or interruptions may occur while providing Services to you. You acknowledge that Advitech shall not be responsible for any such delay or interruptions and that Advitech shall not have any accountability and liability whatsoever to you for any failure or delay in delivering the Services to you.
By selecting a Service, you agree to pay Advitech the fees indicated for that Service. All payments are made to Advitech on behalf of www.apistrends.advitechswiss.com. You permit Advitech to process payments through third-party payment gateways. You can refer to their terms and conditions for thorough information.If payment for the relevant Services has not been received in full, you remain liable and responsible to make the full payment. Without prejudice to any other legal right or remedy that Advitech may have, Advitech reserves the right to temporarily or permanently block your account and/or cease providing Services to you at any time and without prior notice for non-payment of any invoice or for any breach of any provision of these T&Cs.
Advitech will use its best commercial efforts to deliver the requested Report(s) within 7 working days post receiving payment from you.
Any order placed by you shall be considered a binding offer and cannot be revoked under no circumstances whatsoever. Advitech shall be under no obligation to refund any part or all of the fees paid for its Services.
You explicitly acknowledge that no data transmission over the Internet can be guaranteed as totally secure. Communication over the Internet may be subject to data corruption, delay, interception and unauthorized amendment. Advitech does not accept liability for any such risks or their consequences. Information that you transmit to Advitech is transmitted at your own risk.
Advitech excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information available or linked to through the Website and/or Platform. Neither Advitech makes any warranty that the Website and the Platform will be error free or that access thereto will be continuous or uninterrupted.
Advitech does not accept any liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform, the Website or the Services nor does Advitech accept any liability for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform, the Website or the Services, save in the case of fraud or gross negligence on the part of Advitech.
You agree to indemnify and hold harmless Advitech and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, the Website or the Services, including but not limited to out of your violation of any provision of these T&Cs.
Advitech, its suppliers or third parties who have granted Advitech permission to reproduce their material on the Website and/or the Platform or whose content is used by Advitech lawfully (in particular with the technique of linking), own all trade marks, copyright and all other intellectual property rights in the content on the Website and/or the Platform. The content shall not, whether for commercial or non commercial purposes, be copied, reproduced, distributed, amended, disclosed to third parties, saved or used, without the prior written authorization of Advitech. Should you post content on the Website and/or Platform, you acknowledge that you are responsible for any material you send to or upload to the Website and/or Platform and that such material is legal, is not offensive and it does not infringe Advitech rights, those of third parties or the provisions of these T&Cs.
The Website and the Plaform are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.
No failure or delay in enforcing any right shall be a waiver of that or any other right, which can be enforced at a later time. If any provision of these T&Cs is held implausible, illegal or unenforceable, the remaining terms shall not be affected and shall be carried out as close as possible according to the original terms and the intent reflected in these T&Cs.
Advitech may, at its sole discretion, change these T&Cs at any time and without prior notification. It is your responsibility to check these T&Cs periodically for changes. Your continued use of or access to the Platform and/or Website following the posting of any changes to these T&Cs constitutes acceptance of those changes. In case of material changes, Advitech will inform you with reasonable notice, either via the e-mail address you provided Advitech with or by notice on the Website or Platform.
All provisions of these T&Cs which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, payment terms, indemnity and limitations of liability.
The construction, performance and validity of these T&Cs shall in all respects be governed by the substantive laws of Switzerland, without giving effect to the choice of law principles thereof which would result in the application of the laws of any other jurisdiction. Any claim, action or dispute arising out of or in connection with these T&Cs shall be submitted to the exclusive jurisdiction of the courts of Lausanne, subject to appeal to the Swiss Federal Supreme Court.