Website Use Terms and Conditions
Welcome to the Website established by MV Sports Consulting AG!
We operate this Website to promote, market and sell our consultancy services and invite Users to contact us.
These Terms and Conditions govern and apply to the use of our Website. Please read these Terms and Conditions carefully and ensure that You understand them.
By accessing, browsing, using or visiting this Website, You agree to have read, understood and accepted to be irrevocably and unconditionally bound by, and undertake to follow and comply with, these Terms and Conditions and all applicable laws and regulations governing this Website.
MVSC reserves the right to change, specify, enhance and/or modify these Terms and Conditions at any time and at its sole discretion. Any such updated version of these Terms and Conditions will become legally effective immediately upon posting of the changed, specified, enhanced and/or modified version of these Terms and Conditions on our Website without personal notification to the User being necessary. Each User agrees to accept and comply with any updated version of these Terms and Conditions. To that end, the Users undertake to periodically check for updates to the Terms and Conditions.
If You do not agree to comply with and be bound by these Terms and Conditions, You must stop using this Website.
1. DEFINITIONS
1.1 In these Terms and Conditions, the following words shall have the following meanings and are defined as follows:
”Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on or forms part of this Website; and
“MVSC/we/us/our” means MV Sports Consulting AG, a company registered in Switzerland whose address and business seat is at Alfred-Escher-Strasse 38, 8002 Zurich, Switzerland.
“Terms and Conditions” means these terms and conditions issued by MVSC as amended from time to time.
“User / You / Your” means any person accessing our Website.
“Website” means the computer software and website using the web browser of MVSC accessible via www.mv-sports-consulting.com or any other URL determined by MVSC.
1.2. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
1.3. Any references to Sections are, unless otherwise stated, references to sections of these Terms and Conditions.
1.4. Any references to “include”, “such as” or “in particular” (or similar) are to be construed as being inclusive without limitation.
1.5. Any reference in these Terms and Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.6. Where the context dictates in these Terms and Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
1.7. Any references to “days” mean actual days, not working days, unless otherwise specified in these Terms and Conditions. Any references to “working days” means any day which is not a Saturday, Sunday or a public holiday in Zurich, Switzerland
2. INFORMATION ABOUT US
This Website is owned and operated by MVSC.
3. ACCESS TO THIS WEBSITE
3.1. Access to this Website is free of charge. It is Your responsibility to make any and all arrangements necessary in order to access this Website.
3.2. Access to this Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue this Website (or any part of it) at any time and without notice. We will not be liable to You in any way if this Website (or any part of it) is unavailable at any time and for any period.
3.3. MVSC is concerned about the safety and privacy of all its Users, particularly those not yet of legal age in their respective country of residence. Notwithstanding this, parents/guardians are requested to carefully supervise the access of their children to this Website. By omitting supervision, actively allowing or not successfully preventing Your child access to this Website, You agree to be bound by these Terms and Conditions, and acknowledge that Your child will be able to access all of our Website, which may include information and features that may not be appropriate for use by unsupervised children. Accordingly, as legal guardian, it is Your responsibility to determine whether any information, feature, tool or functionality of our Website are appropriate for Your child. You remain responsible and liable for all acts and omissions of Your child.
3.4. If You are accessing and/or using our Website on behalf of Your employer or as a consultant or agent of a third party, You represent and warrant that You have the authority to act on behalf of such entity to the terms of these Terms and Conditions and everywhere in these Terms and Conditions that refers to You, shall also include Your company.
3.5. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Website. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
3.6. Illegal and/or unauthorized uses of our Website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All Content included on this Website and the copyright, trademarks and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable Swiss and international intellectual property laws and treaties.
4.2. Unless stipulated otherwise by the applicable mandatory law, You may not reproduce, copy, distribute, sell, rent, sublicence, store, or in any other manner re-use Content from this Website, unless given express written permission to do so by us.
4.3. You may not use any Content saved or downloaded from this Website for commercial purposes without first obtaining a license from us (or our licensors, as appropriate) to do so.
5. LINKS TO OTHER WEBSITES
Links to other sites may be included on this Website. Unless expressly stated these sites are not under the control of MVSC. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on this Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
6. MODIFICATIONS AND INTERRUPTIONS
MVSC reserves the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that MVSC shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Website. Although we will take reasonable care in ensuring that our Website are up to date, it may be out of date at any given time, and MVSC is under no obligation to update the Website.
7. DISCLAIMERS
7.1. Nothing on this Website constitutes advice or any form of consultancy on which You should rely. It is provided for general information purposes only.
7.2. To the maximum extent permitted by applicable law, we make no representation, warranty, or guarantee that this Website will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3. We will use reasonable skill and care to ensure that the Content on this Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. LIABILITY
8.1. To the maximum extent permitted by applicable law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Website or the use of or reliance upon any Content included on this Website.
8.2. To the maximum extent permitted by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to this Website or any Content included on this Website.
8.3. We exercise all reasonable skill and care to ensure that this Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of this Website (including the downloading of any Content from it) or any other site referred to on this Website.
9. DATA PROTECTION AND COOKIES
Please refer to our Privacy Policy.
10. CHANGES TO THESE TERMS AND CONDITIONS
10.1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of this Website after the changes have been implemented. You are therefore advised to check this Website from time to time.
10.2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
11. LAW AND JURISDICTION
11.1. These Terms and Conditions shall be governed by and construed in accordance with Swiss law (to the exclusion of Swiss Private International Law and international treaties, in particular the Vienna Convention on the International Sale of Goods dated April 11, 1980).
11.2. For any complaints regarding this Website, please contact us at the email address set out in Section 12. If any dispute arises with respect to these Terms and Conditions, including any disputes as to the binding effect, amendment and termination of these Terms and Conditions, MVSC and the User shall each use their respective reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to both parties. If the disputing parties do not resolve any such dispute within twenty (20) working days from the date on which negotiations are initiated, the exclusive venue of jurisdiction for all disputes arising from, or in connection with these Terms and Conditions shall be the competent courts of the business seat of MVSC.
11.3. In any legal dispute, to the fullest extent permitted under the applicable laws, the competent court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. ANY USER AND CUSTOMER AGREES TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE LEGAL PROCEDURE.
12. CONTACTING US
To contact us, please email us at contact@mv-sports-consulting.com or using any of the methods provided on the Contact page of this Website.
13. MISCELLANEOUS
13.1. Should any provision(s) of these Terms and Conditions be declared void, ineffective or unenforceable by any competent court, the remainder of these Terms and Conditions will remain in effect as if such void, ineffective or unenforceable provision(s) had not been contained.
13.2. These Terms and Conditions (together with its component parts) have been drafted in English language. In the event of any discrepancy between the English and any other language version of these Terms and Conditions the English text will prevail and will be used to resolve all questions of interpretation and application.
13.3. Any User agrees to indemnify and hold MVSC and its officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may result from, arise in connection with:
(i) Your use of and access to the Website;
(ii) any activity conducted by You which infringes the intellectual property rights of MVSC; and
(iii) Your failure to comply with any provision of these Terms and Conditions.
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