WEBSITE TERMS OF USE

GENERAL USE CONDITIONS OF THE HOLMES PLACE SWITZERLAND WEBSITE. This site is operated by HOLMES PLACE, a trademark of HOLMES PLACE AG, Attn HP CH DPO, Seestrasse 97, 8942 Oberrieden.

OBJECT

The present General Conditions govern the use (including mere access) of the webpages of the HOLMES PLACE SWITZERLAND website, including contents and services made available therein (the “HOLMES PLACE website”).

Any person that accesses the HOLMES PLACE website (“User”) accepts to submit to the General Conditions in force from time to time.

the contents and services that HOLMES PLACE makes available to the User in the HOLMES PLACE website (respectively, “Contents” and “Services”) may also be governed by particular conditions that, in case of conflict, shall prevail over the General Conditions (the “Particular Conditions”). The User, whenever they use each Content or Service, submits and accepts also the corresponding Particular Conditions applicable.

Consequently, the User must read attentively the General Conditions whenever they wish to use the HOLMES PLACE website, as well as, as is the case, the corresponding Particular Conditions, whenever they intend to use each Content or Service.

in any case, HOLMES PLACE reserves the right to alter, at any moment and with no prior notice required, the presentation and configuration of the HOLMES PLACE website, as well as the present General Conditions or the corresponding Particular Conditions.

USE OF THE HOLMES PLACE WEBSITE

Unless stipulated otherwise, use of the HOLMES PLACE website will be free of charge, without prejudice of the cost of the connection of the corresponding electronic communications network through which the User accesses it.

the User knows and accepts, voluntarily and expressly, that use of the HOLMES PLACE website is always under its sole and exclusive responsibility.

In using the HOLMES PLACE website, the User commits to not carry out any act that may hinder or damage the image, interests and rights of HOLMES PLACE or third parties, or that may hinder, damage, render useless or overcharge the HOLMES PLACE website or that prevents, in any way, normal use of the HOLMES PLACE website.

HOLMES PLACE adopts safety measures reasonably adequate to detect the existence of viruses. Nevertheless, the User must be aware that the safety measures of computer systems in the Internet are not entirely reliable and, thus, HOLMES PLACE may not guarantee the inexistence of viruses or other elements that may cause changes to the User’s computer systems (software and hardware) or digital documents and files contained therein.

CONTENTS

The Contents of the HOLMES PLACE website are made available to the User by HOLMES PLACE, with information from own and third-party sources.

HOLMES PLACE endeavours that Contents have the highest possible quality and be reasonably updated, but does not guarantee the usefulness, accuracy, exhaustiveness, pertinence and/or update of Contents.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Under the present General Conditions (or by accessing the HOLMES PLACE Site or using its Contents and Services) no intellectual or industrial property right is granted over the HOLMES PLACE website or any of its elements; Users are expressly forbidden from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using them in any nature, by any means or procedure, except for cases in which that is legally allowed or authorised by the holder of the corresponding rights.

The User may view and obtain a temporary private copy of the Contents, for their exclusive, personal and private use, in their computer systems (software and hardware), whenever that is not aimed at developing commercial or professional activities.

The User must refrain from obtaining or trying to obtain the Contents by different means or procedures that those made available to them, as is the case, offered for that purpose or usually used in the Internet (and that, in this latter case, do not represent a risk of damage or destruction of the HOLMES PLACE website).

All texts, graphs, editorial content, data, graphic art, designs, HTML, photographs, music, sounds, images, software, videos or other content that Users see or read in the Service are held by HOLMES PLACE or used under the authorisation of the holders of rights. This material is protected by every way, means and technologies already known or to be developed. HOLMES PLACE holds property of all such material, as well as coordination, selection, combination and perfection thereof. This material is protected by the laws that govern author’s rights, patents, brands and others, both nationally and internationally. Users may not copy, download, use, redesign, reconfigure or retransmit anything from the Service without prior consent from HOLMES PLACE in writing. Using this material is prohibited without consent from HOLMES PLACE and/or the holders of rights.

HOLMES PLACE is a trademark, including its logo.
Copying or using any of this brands, logos or names without prior consent in writing from their holder is forbidden.
The User must observe, at every moment, all intellectual and industrial property rights over the HOLMES PLACE website, owned by HOLMES PLACE or third parties.

PUBLIC AREAS

The Service may contain profiles, e-mail systems, blogs, message boards, applications, job publications, newsgroups, forums, communities and/or other means of communication (“Public Areas”) that allow communication between Users. These common areas may be used only to send and receive messages and the sort, relevant and adequate to the forum in question.

Without exception, the User may not:

• Defame, insult, harass, persecute, threaten or violate legal rights (namely the right to privacy) of others in any other way;
• Publish, post, upload, distribute or disseminate any name, topic, material or information that is profane, defamatory, obscene or unlawful;
• Use the Service for any purpose that breaches the rules of local, national or international law;
• Upload files that contain software or other material that breaches the right to intellectual property (or right to privacy) of third parties;
• Upload files that contain viruses, Trojans, corrupted files or similar software that may damage the computer of other users;
• Publicise or offer products or services that are not relevant for the Service;
• Make or forward surveys, competitions, Ponzi schemes or chain letters;
• Act in the name of another person or allow another person to use their identification to post or see comments;
• Post the same note repeatedly (known as “spamming”);
• Spamming is forbidden;
• Download files uploaded by another User known to them, or that they are expected to know, or distribute it through the Service;
• Restrain or inhibit other users from accessing Public Areas;
• Insinuate or state that statements made by the User are approved by HOLMES PLACE, without prior consent in writing therefrom;
• Use any automatic and/or manual process to track or index HOLMES PLACE;
• Hack or interfere with HOLMES PLACE, its servers or network;
• Adapt, alter, license or sub-license the brand “HOLMES PLACE” for personal or commercial use;
• Remove or alter, visually or otherwise, author’s rights, trademarks or property rights and brands held by HOLMES PLACE;
• Upload offensive and/or damaging contents, including, namely, contents that defend, approve, tolerate or promote racism, intolerance, hatred or physical violence against any person or group;
• Upload content that provides material or access to material that exploits people under 18 years of age in abusive, violent or sexual ways;
• All mailing to Public Areas will be public, HOLMES PLACE taking no responsibility for the actions of other users regarding those contents.

ACCOUNT, PASSWORD AND SAFETY

Only the registered User is authorised to access their account, remaining responsible for keeping the confidentiality of any password and account number that they provide to access the Service.
the User is fully responsible for all activity that occurs through their account or use of their password.
HOLMES PLACE has no control of the use of the account of any User and expressly declines any responsibility thence arising.
If the User suspects of undue use by another of their password or account, or if they suspect of any other safety breach, they must immediately contact HOLMES PLACE.

HYPERLINKS AND INTERLINKED SITES

Connections (such as hyperlinks) from HOLMES PLACE to other sites are not tantamount to approval by HOLMES PLACE of said sites or their content.
These connections are provided for reference and user convenience only. HOLMES PLACE does not control those sites and is not responsible for their content.
The existence of connections in the Service to those sites does not mean that HOLMES PLACE approves of any material shown therein, or that has any association with its operators.
It is the user’s responsibility to assess the content and usefulness of the information obtained from those sites.

The use of sites controlled, held and operated by third parties is governed by the Terms and Conditions of Use and the Privacy Policies of those sites, and not by the Terms of Use of HOLMES PLACE.
Access to those third-party sites is on the User’s account and risk.

HOLMES PLACE expressly declines any responsibility arising from using and/or viewing any site or other material associated to connections shown in the Service.
The User agrees under the present Agreement to exempt HOLMES PLACE of any liability that may arise from using connections shown in the Service.

a) Hyperlinks

The User and, in general, any natural or legal person wishing to establish a hyperlink or technical connection device (for example, links) from their website to the HOLMES PLACE website (“Hyperlink”) must procure prior authorisation in writing from HOLMES PLACE.

Establishing the Hyperlink does not imply, in any case, existence of any relations between HOLMES PLACE and the proprietor of the website or webpage where the Hyperlink is established, or acceptance or approval by HOLMES PLACE of their contents or services.

In any case, HOLMES PLACE reserves the right to forbid or render useless at any moment any hyperlink to the HOLMES PLACE website, especially in cases of unlawful activity or contents of the website that includes the hyperlink.

b) Interlinked sites

HOLMES PLACE website make available to the User, solely for purposes of searching and accessing information, contents and services available online, hyperlinks or technical connection devices (for example, links) that allow the User to access sites or portals belonging to or managed by third parties (“Interlinked sites”).

HOLMES PLACE does not offer or market, by themselves or through third parties, information, contents and services available in Interlinked sites, nor does it approve, supervise or control in any way the contents and services and any material of any nature existing therein, the User taking exclusive and full responsibility for navigation therein.

PERSONAL DATA

Visits to the HOLMES PLACE website do not entail automatic registration of any personal data that identifies a User.

There is, nevertheless, some information that is not personal or identifiable with a concrete User that is collected and recorded in the Internet de of HOLMES PLACE (for example, the User’s type of Internet browser, the User’s operating system to access the webpages of the HOLMES PLACE website), with the aim of improving the User’s navigation and management of the HOLMES PLACE website.

Nevertheless, to use certain Contents or Services, HOLMES PLACE may ask the User for certain personal data. HOLMES PLACE will provide the User with the necessary information to expressly provide prior consent to treatment of their personal data for one or more specific purposes by HOLMES PLACE and incorporation in the corresponding files owned by HOLMES PLACE.

The data collected are processed automatically and aimed, within the corporate group that HOLMES PLACE is part of, at establishing the quality of User/Client, consequent collection of vouchers and future contacts, namely direct marketing actions.

The data collected are also aimed at fulfilling legal obligations and use in contractual relations with Insurers, Banks and other Institutions, HOLMES PLACE committing to keep strict secrecy of all data, reserving access thereto as exclusively required for its normal activity.

The User expressly and previously authorises transmission of their personal data to trade partners of HOLMES PLACE and expressly authorises that the data be used by HOLMES PLACE, for advertising, marketing or promotional purposes.

In case of breach by the User, the data may be transferred to third parties with the aim of debt collection.

The respective holder is ensured, in the terms of the national and international legislation in force (especially the Federal Act on Data Protection and the Regulation (EU) 2016/679 (GDPR)), the right of access, rectification, deletion, limitation or objection to treatment, as well as the right to portability of personal data.

HOLMES PLACE will contact the User only by any means/on-line/electronic device when the latter has previously and expressly given their consent.

GENERAL PROVISIONS

Non-exertion, or late or partial exertion of any right that HOLMES PLACE has under the present Agreement or any applicable provision does not entail waiver of that right or prevent later exertion and may not constitute any means of establishing delay or novation.

This Agreement is the full contract between the User and HOLMES PLACE as far as the matters that it governs.

CHANGES TO THE USE CONDITIONS

These use conditions may be updated at any moment by HOLMES PLACE whenever the latter deems necessary or desirable with no prior notice to Users, in order to respond to legal requirements or operational changes. The User will always have access to the use conditions in force online.

This document will always be available online and may be consulted freely, recorded or printed at any moment even without being registered in the website.

Any change will be communicated to registered Users online.

Later access to and use of the site by the User will be deemed an unequivocal sign that they read, accepted and understood the altered Terms and Conditions, unless they imply a change in the personal data treatment policy of HOLMES PLACE, in which the user will be previously requested to give express authorisation to the change in the treatment or purpose of treatment of personal data.

PARTIAL INVALIDITY

Total or partial invalidity of any of the clauses of the present General Conditions will not affect the validity of the remaining provisions, which will be applicable to their full extent, unless an affected party demonstrates that the aim pursued by the parties allows presuming that they would not have signed the deal without the part at stake.

APPLICABLE LAW/JURISDICTION

These General Conditions are governed by Swiss law.

All actions or legal procedures arising from or related with this Privacy Policy, its validity, application, fulfilment or breach, or the matter of this Privacy Policy, will be a competence of Swiss courts, and the User allows and submits irrevocably to the jurisdiction of said courts as is the case.

The preceding paragraph notwithstanding, HOLMES PLACE reserves the right to bring the competent judicial action in any jurisdiction where there is a breach of the present Privacy Policy.

FINAL PROVISIONS

All persons that wish to purchase in this site declare that they are of age and legally capacitated for that purpose.

For any purchase made in this site the User is deemed to have full knowledge and to have accepted the present document of Use Terms and Conditions.

If any User has any doubt about the present General Conditions or any comment about the HOLMES PLACE site, please contact Dataprotection_CH@holmesplace.com.

I HAVE READ, UNDERSTOOD AND ACCEPT THE PRESENT TERMS OF USE AND THE PRIVACY POLICY OF HOLMES PLACE AND DECLARE THAT MY USE OF THE SERVICE MEANS ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT. Version 18.05.2018

MEMBERSHIP CANCELLATION POLICY

The minimum duration of the contract is initially 3, 12 or 24 months. In this time, the contract cannot be terminated prematurely. Without termination the membership will be continued for an unlimited period after expiration of the minimum duration and can be terminated after a period of 3 months. Every termination must be notified in writing by registered mail, addressed to the relevant club. Any balance on the member account forfeits in case of contract termination and cannot be credited, reimbursed or transferred to another member. Specific Terms and Conditions might apply for contracts signed in the past. Please contact us HERE.

7-DAY MONEY BACK GUARANTIEE

The member can cancel their membership and claim back the first payment made upon joining online within 7 days following the online purchase. The claim is only valid if the membership contract was purchased online. The claim is only valid if the member has not used the Holmes Place services within the 7 days following the online purchase. If the aforementioned conditions are met, the contract will be automatically cancelled with immediate effect.