JANEX S.A. TERMS AND CONDITIONS OF SERVICE (the "Agreement") IMPORTANT: THIS IS A LEGALLY BINDING AGREEMENT BETWEEN JANEX S.A. AND THE USER ("YOU" OR "YOUR"). PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE TO THIS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE.
www.janex.ch and www.janexchina.com (the "Website") is operated by Janex S.A. of Place Bel-Air 1, 1003 Lausanne, Switzerland which will provide You with information relating to the products it markets and sells. From time to time Janex S.A. may modify this Agreement. Accordingly, please continue to review this Agreement whenever accessing or using the Website. If at any time You do not wish to accept this Agreement, You may not use the Website.
1. SERVICES: To use the Services and the Website, You acknowledge that You are entering into a contractual relationship with Janex S.A “You”, which means yourself as user of the Website, and (if applicable) the legal entity you represent (“Employer”) if you are using the Website in the course of employment or engagement.
2. NO RELIANCE: All information on the Website is provided on an "as is" basis and Janex S.A. does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. To the extent that Janex S.A. is permitted by law, Janex S.A. excludes any liability, whether in contract, tort (negligence) or otherwise for any incorrect or misleading information on the Website. Further, the content of this Website might be restricted by law in certain countries. It is your responsibility to determine what those restrictions are and to observe them. Janex S.A. makes no representation that the content of this Website is appropriate or available for use in countries outside Switzerland. All services contained on or referred to in this Website (including content which can be downloaded or ordered from this website) are subject to availability and Janex S.A. has the right to withdraw any product, service or content at any time without notice. Information regarding handling requirements, packaging requirements and product applications must not be relied on without independent verification by you.
3. LINKS TO THE WEBSITE: Websites or pages to which this Website is linked are for information only and have not been reviewed by Janex S.A. has no responsibility for the content of the websites or pages linked or linking to this Website, and Janex S.A. accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
4. INTELLECTUAL PROPERTY: The Website, including (but not limited to) text, content, product comparison charts, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by Janex S.A. and content owned or controlled by third parties and licensed to Janex S.A. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website. You may not use any of Janex trademarks or trade names without Janex's consent and You acknowledge that You have no ownership rights in and to any of those names and marks. You agree to notify Janex S.A. in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the Content of the Website infringes any copyright, trade mark, or other contractual, statutory rights of any party.
5. LICENCE AND DOWNLOAD RIGHTS: You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with this Agreement. Other than as set out in this section You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate, or in any other way exploit any part of the Website and/or the Content. Download is permitted by Janex S.A. provided only that: (i) You make no more than one printed copy of such download and no further copies of such printed copy are made; (ii) You make only personal, non-commercial use of such download and/or printed copy; and (iii) You retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, You may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by You or any third party or to distribute any database websites containing all or part of the Website. You agree not to use the Website, its content or services in any way to either directly or indirectly prejudice the interests of Janex S.A, in any way.
It shall be your responsibility to install and obtain licences for any software required to use the Website and for you to ensure that software is operating properly at all times. You shall provide at your own cost suitable access to the internet or equivalent through which a service is intended to be delivered and shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
6. PERMISSIONS: If You would like information about obtaining the permission of Janex S.A. to use any of the Content or if You would like to link Your website to the Website, e-mail firstname.lastname@example.org
7. NO WARRANTY: Except as set out in this Agreement, all other conditions, warranties, stipulations or other statements whatsoever relating to the goods, whether express or implied by statute, at common law or otherwise howsoever are hereby excluded to the fullest extent permitted by law; including (but not limited to) any as to the fitness for purpose, performance, use, nature or quality of the goods. Janex S.A. shall use its reasonable endeavours to extend to You the benefit of any guarantee, condition or warranty in respect of all goods manufactured and supplied by third parties, provided that any expense reasonably incurred by Janex S.A. in extending such benefits shall be reimbursed to Janex S.A. by You. The Website and the Content are provided "as is" excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of satisfactory quality, fitness for a particular purpose, title and non-infringement of proprietary or third party rights. Janex S.A. further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to You. Janex S.A. does not warrant that the Website is compatible with Your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and Janex S.A. is not liable for any damage You may suffer as a result of such destructive features. Janex S.A. shall not be held responsible for Content provided by third parties. Janex S.A is also not responsible for the reliability or continued availability of the connection lines and equipment You use to access the Website.
8. LIMITATION OF LIABILITY: In no event shall Janex S.A. be liable to You or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, business, contracts or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Janex S.A. has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to You. This section survives termination of this Agreement for any reason.
9. INDEMNITY: You agree to indemnify, defend, and hold harmless each of Janex S.A. its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Janex S.A. its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Janex S.A., its employees, representatives, suppliers, or agents is based on or arises in connection with: (i) Your use of the Website; (ii) any breach by You of this Agreement. References in this section to Your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using Your computer. You agree to pay Janex S.A., its employees, representatives and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim. This section survives termination of this Agreement for any reason.
10. TERMINATION: Either You or Janex S.A. may terminate this Agreement at any time by giving 5 days written notice. On termination You must pay all outstanding sums (if any) and shall destroy all copies of the Content in Your possession.
12. CHANGES TO THE WEBSITE: You accept that Janex S.A. has the right to change the Content or technical specifications of any aspect of the Website at any time at Janex’s sole discretion. You further accept that such changes may result in Your being unable to access the website. Janex S.A. may have to suspend the Website to from time to time to make carry out maintenance and to make upgrades.
13. NO ASSIGNMENT: You may not assign Your rights or delegate Your duties under this Agreement.
14. NO ASSOCIATION: No agency, partnership, joint venture, employee/employer relationship is intended or created by this Agreement.
15. NOTICES: Any notice shall be given by e-mail, to the e-mail email@example.com or such other address provided by Janex S.A. Notice shall be deemed to be given twenty-four hours after the sending of the e-mail (unless the sender receives a response indicating that the message was undeliverable).
16. WAIVER: No waiver by Janex S.A. of any breach of any obligation arising under this Agreement shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Janex S.A. of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
17. SEVERANCE: If any part of this Agreement is held to be invalid, void or unenforceable, the parties agree that the remaining portions will not be affected and that the portion in question may be replaced by the lawful portion that most nearly embodies the original intention of the parties and the remainder of this Agreement will in any event remain valid and enforceable.
18. FORCE MAJEURE: Janex S.A. shall have no liability for any delay or failure to carry out any of Janex's obligations under this Agreement for reasons beyond Janex’s reasonable control including but not limited to default or failure by a third party or government action.
20. GOVERNING LAW AND JURISDICTION: This Agreement is governed by the laws of Switzerland. You and Janex S.A. irrevocably submit to the exclusive jurisdiction of the courts of Lausanne, in the Canton of Vaud, Switzerland.
This Privacy Statement relates solely to information supplied by you on this Website. Janex S.A. respects the privacy of your personal information. Any personal information provided by you to Janex S.A. or collected by Janex S.A., through this Website will be used solely for the purpose of providing you with the information and services that you have requested at this Website and for other related purposes including updating and enhancing Janex S.A. records and to advise you of other Janex S.A. products and services which may be of interest to you. This Policy will not alter or affect any information otherwise provided by you to Janex S.A.
The information collected from you by Janex S.A. will be valuable in improving the design and marketing of our range of services and related products for your use. The use of your information will be kept to the minimum required in order for Janex S.A. to provide and to continually monitor and improve its services to our customers and keeping you informed about our products and services.
Janex S.A. assures you that your private information will be treated as confidential and with high standards of security.
In providing your telephone, facsimile number, postal and e-mail address or similar details, you agree that Janex may contact you by these methods to keep you informed about Janex products and services that may be of interest to you given the information or services that you have requested on the website.