These Legal Notices (“Notices”) apply to the websites and all other online communication services operated by Emergency Vet Care SA (hereinafter referred to as the “Company,” “we,” or “our”), including websites that we own, license, or otherwise operate (each referred to as a “Website”). By using the Website, you enter into a legally binding agreement and hereby accept these Notices as well as any other notices, guidelines, or rules that apply to any subsection or part of the Website. If you do not accept these Notices and all applicable additional rules, you must not use or access the Website. For the purposes of these Notices, the Company and you may each be referred to as a “Party” or collectively as the “Parties.”
Please read these Notices carefully as they may affect your rights and responsibilities, and they specifically allow the Company to use arbitration to resolve disputes and address circumstances in which you waive your right to a jury trial.
This website is published by Emergency Vet Care SA, whose registered office is located at Chemin des Fontenailles 4, 1196 Gland.
The legal information of Emergency Vet Care SA is as follows:
The Website’s Publishing Director is Juan Salazar, acting as Managing Partner of Emergency Vet Care SA.
The Website is hosted by Infomaniak, Rue Eugène Marziano 25, 1227 Les Acacias, Geneva – CHE-103.167.648
For any questions regarding this Website, you can contact Emergency Vet Care SA by email: info@emergencyvet.ch
This Website is offered and available to users who are at least eighteen (18) years old and reside in the United States or one of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to enter into a binding contract with the Company and meet all of the eligibility requirements listed above. If you do not meet all of these conditions, you must not access or use the Website.
Your use of our Website is subject to our Privacy Policy (“Privacy Policy”), which is hereby incorporated into these Notices and forms an integral part thereof. Our Privacy Policy describes how we process personal information, including the types of personal information we collect, the reasons we use it, the categories of third parties with whom we share it, and the rights you may have regarding such personal information. The Privacy Policy also defines the types and categories of personal information you are permitted to provide to the Company, as well as your responsibilities and obligations regarding such personal information. Please read our Privacy Policy carefully.
For the avoidance of doubt, any claim, lawsuit, or complaint related to the Privacy Policy shall be resolved in accordance with the dispute resolution provisions and subject to the liability limitations set forth herein, in addition to all other provisions contained in this document.
We reserve the right to withdraw or modify this Website, as well as any service or material we provide on the Website, at our sole discretion and without prior notice. We shall not be liable if, for any reason, all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to certain parts of the Website or the entire Website, to users, including registered users. It is your responsibility to make all necessary arrangements to access the Website and to ensure that all persons who access the Website through your internet connection are aware of these Notices and comply with them.
To access the Website or some of the resources it offers, you may be required to provide certain registration details or other information. Your use of the Website is conditional upon the accuracy, timeliness, and completeness of all information you provide on the Website. You agree that all information you provide to register on this Website or otherwise, including, but not limited to, through the use of any interactive feature on the Website, is governed by our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to allow any other person to access this Website or any part of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other security breach. You also agree to ensure that you log out of your account at the end of each session. You should exercise particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion, for any reason or no reason, including if, in our opinion, you have violated any provision of these Notices.
The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are the property of the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These terms and conditions authorize you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that: (i) your computer may temporarily store copies of such material in RAM in the course of accessing and viewing the material, (ii) you may store files that are automatically cached by your web browser for the purpose of enhancing the display of the material, (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for any further reproduction, publication or distribution, (iv) if we are unable to provide you with information about the Website, we may ask you to provide us with information about the content of the Website, (iv) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our End User License Agreement final for these applications, and (v) if we provide social media features with certain content, you may take any action permitted by such features.
You hereby acknowledge and agree not to (i) modify copies of any materials from our website, (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, (iii) delete or alter any copyright, trademark or other proprietary rights notices contained in copies of materials from this site, and (iv) access or use for any commercial purposes any portion of the website or any services or materials available through the website. If you print, copy, modify, download or otherwise use any part of the website, or provide any other person with access to any part of the website in breach of any such notices, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or its contents is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name and logo, as well as all related names, logos, product and service names, designs and slogans are trademarks of the Company, its affiliates or its licensors, under reference number 03290/2023 of the Swiss Federal Institute of Intellectual Property – Stauffacherstrasse 65/59g, 3003 Bern.
You must not use these trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans appearing on this website are trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Switzerland or other countries), (ii) for the purpose of exploiting, harming, (iii) sending, knowingly receiving, downloading, using or reusing any material which does not comply with the content standards set out in these Terms, (iv) transmitting or causing to be sent any advertising or other material which does not comply with the content standards set out in these Terms, (v) using or causing to be used any material which does not comply with the content standards set out in these Terms, (vi) using or causing to be used any material which does comply with the content standards set out in these Terms, (iv) transmitting or causing to be sent any advertising or promotional material, including any “junk mail”, “chain letters”, “spam” or any other similar solicitation, (v) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or domain names), (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), and (vi) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, in our sole discretion, may harm the Company or users of the Website or expose them to liability. In addition, you agree not to (vii) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website, (viii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (ix) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly permitted herein, without our prior written consent, (x) use any device, software, or routine that interferes with the proper working of the Website, (xi) introduce any viruses, Trojan horses, worms, logic bombs, or any other malicious program, including any … other material that is malicious or technologically harmful, (xii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, (xiii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website, (xiii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, and (xiv) otherwise attempt to interfere with the proper working of the Website.
The Website may contain bulletin boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the content standards set forth in this Notice. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contributions to the Website, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or otherwise control all of the rights to the User Contributions and have the right to grant the foregoing license to us, our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and that all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions that you submit or contribute, and that you, and not the Company, have sole responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to remove or refuse to post any User Contribution, for any reason or no reason, in our sole discretion, and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates any Notice, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and to take appropriate legal action, including but not limited to referral to law enforcement authorities, for any illegal or unauthorized use of the Website. We have the absolute right to terminate or suspend your access to all or part of the Website for any reason, including, but not limited to, any violation of these Terms. Without prejudice to the foregoing, we have the right to fully cooperate with any law enforcement authorities or courts requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees and service providers from and against any claims resulting from any action taken by the Company or any of the foregoing parties during the course of or as a result of an investigation by the Company, such parties or law enforcement authorities. However, we cannot, and we do not undertake to, review materials before they are posted on the Website, and we cannot ensure prompt removal of objectionable materials after they have been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability to anyone for performance or nonperformance of the activities described in this section.
The following sentences in this Section constitute the “Content Standards” that apply to all User Contributions and use of the Interactive Services. User Contributions must fully comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (i) contain libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material, (ii) promote sexually explicit or pornographic material, violence or discrimination based on race, gender, religion, national origin, disability, sexual orientation or age, (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other right, (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under any applicable law or regulation or that would conflict with these Terms and our Privacy Policy, (v) be likely to deceive any person, (vi) promote any illegal activity, or advocate, promote or assist any illegal act, (vii) cause harm to any person, (viii) cause harm to any person, (ix) cause harm to any person, (ix) cause harm to any person, (x … annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, (viii) impersonate any person, (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
The information presented on or through the Website is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or anyone informed of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or news services. All statements and/or opinions expressed in these materials, as well as all articles and responses to questions and other content, other than the content provided by the Company, represent solely the opinions and the responsibility of the person or entity providing such materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. The content on the website may be out of date at any given time, and we are under no obligation to update it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that allow you to: (i) link from your own or certain third party’s website to certain content on this Website, (ii) send emails or other communications containing certain content or links to certain content on this Website, and (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third party’s website. You may use these features only to the extent that they are provided by us and solely in relation to the content with which they are displayed, and otherwise in accordance with any additional notices we provide in relation to such features. Subject to the foregoing, you must not do any of the following: establish a link from any website that is not owned by you; cause the Website or any portion of it to be displayed on any other website or to appear to be displayed by another website; establish a link to any part of the Website other than the home page; or take any other action with respect to any material on this Website that is inconsistent with any other provision of these Terms. The website from which you are linking, or from which you make any content available, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice. We may disable any or all social media features and links at any time without notice, in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for such websites.
The owner of the website is based in Switzerland. We provide this website for use only by persons located in Switzerland. We make no representation that the website or its contents are accessible or appropriate for use outside of Switzerland. Access to the website may be restricted to certain persons or in certain countries. If you access the website from outside of Switzerland, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website are free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other property due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available” without warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor any person associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will meet your needs or expectations. To the fullest extent permitted by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent permitted by law, in no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in any way connected with the use of or inability to use the Website, any websites linked to it, any content on the Website, or on such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In the event that the foregoing limitation of liability is legally prohibited, then to the fullest extent permitted by law, in no event shall the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed 100 chf.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
You hereby agree that (i) any legal action arising out of or relating to these Terms or our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitration of any such dispute, claim or controversy, shall be filed only in the courts of Lausanne, and (ii) consent and submit to the exclusive jurisdiction and venue of such courts. No action arising out of or relating to these Terms or our Privacy Policy may be commenced by either party more than one (1) year after the cause of action accrued. At the Company’s sole discretion, we may require you to submit any dispute arising out of these Terms or our Privacy Policy, including disputes arising out of or relating to their interpretation, breach, invalidity, non-performance or termination, to final and binding arbitration in accordance with the Arbitration Rules.
No waiver by the Company of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and any failure of the Company to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous agreements, understandings, representations and warranties, both written and oral, regarding the Website.
From time to time, we review these Terms to ensure that they are consistent with applicable law. Accordingly, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date set forth herein. Your continued use of the Website signifies your consent to the Terms, as of the “Last Updated” date.
If you have any questions regarding these Terms or our website, if you would like to request more information from us, or if you would like to exercise a right or file a complaint, please contact us at the following contact details: (e-mail) [info@emergencyvet.ch], (mail) [Chemin des Couleuvres 8b, 1295 Tannay, Switzerland].
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