Terms of Use

Owner of this website and liable for the contents

Article 1. Object

These Conditions of Use govern the use of the Website www.livingpackets.com.

The operator of this Website is LivingPackets SA, Avenue C.F. Ramuz 80, 1009 Pully, Switzerland. If you have any question or request for information regarding the Website, or any report of illicit content or activities, please feel free to contact the operator with the contact form: www.livingpackets.com/en/contact .

These Conditions of Use apply to the entire Website, for all the products and services that are proposed herein and may be supplemented by specific conditions to certain Services. In this case, the specific conditions shall appear directly on the page related to the specific services. If the specific conditions are inconsistent with the present Conditions of Use, the specific conditions will prevail.

Article 2. Definitions

Website: www.livingpackets.com
Content: Any information, data, text, software, music, photography, graphic, image, video, message or any data on the Website.
Conditions of the use of CoU: The present conditions of use, applicable for the use of the Website.
User: user of the Website Service: all the services of the Website.

Article 3. Acceptance of the CoU

The User agrees to be bound by the CoU in their entirety when using the Website. If the User does not intend to be bound by them, the User ought to leave immediately the Website.

Article 4. Modification of the CoU and the Website

The CoU may be modified at any time by the Website, at its sole discretion.

The Operator reserves the right to make changes to the Website, at any time and without notice, including adapting to the evolutions of the Website by the provision of new functionalities or the deletion or modification of existing functionalities.

It is the responsibility of the User to review the new contents of these each time he visits the Website.

Article 5. Use of the Website

The Website aims to develop innovative and secured collaborative solutions in the area of delivery and transport and animation of users’ communities including on the Internet.

The User undertakes to use the Content only for lawful purposes, in compliance with Swiss law in force or any right that would apply to him, as well as in accordance with the CoU. The User shall be held liable in the event of breach.

Article 6. Content

The Website cannot guarantee the accuracy of the information contained therein.

Therefore, subject to a provision resulting from imperative legal provisions of Swiss law, the Website cannot be held responsible for any errors, omissions, inaccuracies or any direct or indirect damage, of any kind, resulting from consulting and/or using the Website.

Article 7. Services for registered users only

A. Registration

Access to certain services including all paid services, is subject to registration by the User.

Registration and access to the Website’ services are reserved exclusively to individuals legally able, having filled and validated the registration form available on line on the Website, as well as the present Conditions of Use.

Upon registration, the User undertakes to provide accurate, genuine and up-to-date information about his/her person and civil status. The User shall also review regularly the data about him in order to preserve their accuracy.

Hence the User must imperatively provide a valid email address, to which the Website shall send him/her a confirmation of registration to his/her services. An electronic message address cannot be used several times to register for services.

Any communication by the Operator and its partners is therefore deemed to have been received and read by the User. Thus, the latter undertakes to regularly consult the messages received on this email address and to respond within a reasonable delay if needed.

Only one registration for the Website’ services is allowed per individual.

The User is assigned an identifier that enables him/her to access a space for which access is reserved to him/her, as a supplement to the entry of his/her password.

The identifier is definitive, however the password can be modified on line by the User in his/her personal Space. The password is personal and confidential; the User undertakes therefore not to communicate it to third parties.

The Operator reserves in any case the right to decline an application for registration to the services in the event of non compliance by the User with the provisions of the present Conditions of Use.

B. Unsubscribe

The User who is regularly registered may at any time request to unsubscribe on the dedicated page of his/her personal Space. Any request to unsubscribe from the Website shall become effective immediately once the User has completed the form provided for this purpose.

Article 8. Intellectual property

The Website is the sole owner of all intellectual property rights both of the structure of the Website and its Content.

Any Content reproduced on the Website, is protected by intellectual property rights and is the exclusive property of the Website or its partners.

Therefore, any reproduction, representation, adaptation, modification, translation, transformation, diffusion, integration into another website (framing), commercial exploitation and/or reuse in any way of the Content is strictly prohibited without the prior written consent of the Website.

Consultation and use of the Website does not confer any intellectual property right on the user on any element reproduced on the Website.

Any use contrary to the law or the CoU may give rise to civil and/or criminal legal proceedings and to the payment of damages.

Article 9. Hypertext links

The Website may contain hypertext links to other websites. The User browses these websites under his/her sole responsibility.

The Website may in no way be held responsible for the content of such third party websites, in the event that a User suffers any damage as a result thereof.

The Operator consents to the implementation of hypertext links to any page or document of its Website, provided that the implementation of these links is not carried out for commercial or advertising purposes.

In addition, prior information of the Operator is required prior to implementing any hypertext link. Are excluded from such consent websites which disclose information of an illicit, violent, polemical, pornographic or xenophobic nature or which may affect the sensitivity of the greatest number.

Finally, the Operator reserves the right to remove at any time a hypertext link to its website, if the website deems it not in conformity with its editorial policy.

Article 10. Data protection and cookies

The Website undertakes to protect data provided by Users.

The Website may possibly use 'cookies' techniques to process statistics and traffic information, to facilitate browsing and to improve the service for the User’s comfort. The User may object to the recording of these 'cookies' by configuring its browser accordingly.

Article 11. Liability

Consequently, the Website can under no circumstance be held responsible in case of damage, direct or indirect, of any kind whatsoever, and including loss of earnings, loss of profits, loss of customers, data, tangible or intangible property that may arise from the use or the impossibility to use the Website.

More specifically, the Website disclaims any responsibility with respect to software operation or transmission of any data or information on the Internet, or in the event of a computer attack that would cause damage to a User or a third party.

The Website is in principle accessible at any time. However, the Website disclaims any responsibility in the event of a technical impossibility to connect, whether due to a case of force majeure, a maintenance operation, an editorial update, interruption or breakdown of the network, power cut, failure, bad configuration or misuse of the computer of the User, or any other cause, whether or not dependent on the will of the Website.

Any material downloaded by a User in connection with the use of Services is at the own risk of the User, the Website disclaims any responsibility with respect to any damage or loss of data incurred by the User therefrom.

The Website undertakes all measures in order to avoid the presence of malicious programs or viruses on its Website. However, the Website cannot guarantee that the latter be free from any malicious program or virus. The Website cannot be held responsible in case of contamination by a virus of the computer equipment of the User; it is the responsibility of the User to take all necessary preventive steps.

The Website reserves the right, at any time and without notice, to interrupt temporarily or permanently all or any part of the Website, such interruption shall not entitle the User or a third party to any compensation or recourse.

Article 12. Governing law and jurisdiction

The CoU shall be governed by the laws of Switzerland.

The courts of Lausanne, Switzerland, shall have exclusive jurisdiction. The provisions relating to the place of jurisdiction applying to consumers remain reserved.

*LivingPackets SA is a stock corporation under Swiss law with headquarters in Pully (CH), Nantes (FR) and Berlin (DE)