Terms and Conditions
1. COMPANY DESCRIPTION
lifematrix GmbH is operating particularly the websites www.lifematrix.ch / www.lifematrix.net in the Internet. In connection with the operation of these websites (and other websites, hereinafter referred to as "lifematrix Websites"), lifematrix GmbH has a number of offers of goods and services some of which are featured on the websites above. The information about prices, particularly in a separate price list of lifematrix GmbH is an integral part of these Terms and Conditions.
lifematrix GmbH is a limited liability corporation (LLC) existing under the laws of Switzerland with registered address at Bahnhofstrasse 23, CH-6300 Zug, Switzerland (Swiss company registration number: CH-020.4.027.274-0).
As far as the terms "lifematrix", "company", "we" or "us" are being used on this website, they refer to lifematrix GmbH in general.
2. ACCEPTANCE AND MODIFICATION
Lifematrix does not accept diverging terms and conditions of third parties, particularly not in case of contracts concluded through and/or on any of the lifematrix Websites.
lifematrix GmbH reserves the right to change this website (and/or any other lifematrix Website), particularly these Terms and Conditions as well as the indicated and/or offered information regarding goods and/or services or to discontinue offering goods and/or services at any time without prior announcement. In any event, goods and/or services featured on this website (or any other lifematrix Website) shall be subject to availability, in particular to sufficient stocks. In case of change of the website, lifematrix GmbH will post a new dated version on the Website without sending notifications and/or without prior announcement. lifematrix does not guarantee that indications of prices on this website reflect the suggested or actual retail or wholesale prices of the goods and/or services.Therefore, lifematrix GmbH invites you to consult these Terms and Conditions from time to time in order to familiarize yourself with any changes.
3. COPYRIGHT AND INTELLECTUAL PROPERTY
The content contained, featured, downloadable etc. on this Website (and/or any other lifematrix Website), particularly namely but not limited to the texts, marks, logos, diagrams, pictures, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, computer software, applications and processes of the lifematrix websites are the property of lifematrix GmbH and/or its affiliated companies or are used with the authorization of the respective owners (respectively refer to such third party owners), and accordingly are protected by copyright, trademarks, patents, design rights and all other intellectual or industrial property rights which exist under any law which might be applicable.
Except as provided in the Section “Use of the Websites” hereinafter, nothing contained on the Websites shall be interpreted or construed as granting you a license or a right to use any such content of any lifematrix Websites.
Pictures, texts, graphics, computer software etc. which are contained, featured and/or downloadable on this website (or other lifematrix Websites) may not be copied, downloaded or used in any other way unless indicated otherwise there. The downloading and/or printing of individual pages and/or parts of this website (and/or other lifematrix Websites) shall be permissible, provided that neither copyright notes nor other legally protected terms are removed and the source is indicated completely. If data and/or programs are downloaded from this website (or other lifematrix Websites) or reproduced in any other way, all ownership and intellectual property rights shall remain the property of lifematrix or any third party owner. The (complete and/or partial) reproduction, transmission (electronically and/or otherwise), modification, linking or use of this Website (and/or any other lifematrix Websites) for public or commercial purposes shall not be allowed without the prior written consent of lifematrix and the complete indication of the source. lifematrix does not grant the users of the lifematrix Websites any rights (in particular no intellectual property rights), excepting the rights that are necessary to use the lifematrix Websites. You may not frame any page of any lifematrix Websites.
4. ACCOUNT / PASSWORD
After the successful registration for the "login" area, each user receives a username and a password for this "login" area. Each user is obliged to keep this information about username and password secret and not to hand it over and/or make it otherwise accessible to third parties. Each user is fully liable for any consequences of failing to keep his username and/or password secret and also for any use of his account.
Every user who knows or assumes that his account is being used or has been used without authorization by a third party, is obliged to report this immediately to lifematrix (by e-mail to firstname.lastname@example.org. As far as permitted by law, lifematrix GmbH can in no event be held liable for any damages resulting from the use (particularly unauthorized use of the account).
5. USE OF THE WEBSITES
Content contained, featured, downloadable etc. on the Website (or any other lifematrix Websites) may not be copied, downloaded or used in any other way unless indicated otherwise on this Website (or the respective other lifematrix Websites).
The downloading and/or printing of individual pages and/or parts of this Web site shall be permissible, provided that neither copyright notes nor other legally protected terms are removed and the source is indicated completely. If data and/or programs are downloaded from this Web site or reproduced in any other way, all ownership and intellectual property rights shall remain the property of lifematrix and/or any third party owner. The (complete and/or partial) reproduction, transmission (electronically and/or otherwise), modification, linking or use of this Website (or any other lifematrix Website) for public or commercial purposes shall not be allowed without the prior written consent of lifematrix, and the complete indication of source. You may download, display or print the content of the Website (or any other lifematrix Websites) solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of any of the litematrix Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of lifematrix. In any case, lifematrix does not grant the users of its websites any rights (in particular no intellectual property rights such as licenses), except as far as necessary to use and/or view the website.
lifematrix GmbH neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties. In case any content displayed on any of the lifematrix Websites should be illegal for you to view (due to any applicable legal regulations), it is your sole responsibility to refrain from viewing and/or otherwise using such content.
6. INFORMATION DEEMED NON-CONFIDENTIAL
Any other information or material communicated to lifematrix through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit and/or post becomes the property of lifematrix and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. By transmitting and/or posting such content, you can confirm and warrant that you have sufficient rights for such transmission and/or posting and that you agree to such use.
Specifically, lifematrix is free to use any ideas, concepts, know-how, or techniques contained in any such communication you post on and/or send to any lifematrix Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that lifematrix's use will not violate any third party’s rights. lifematrix is under no obligation to use the information provided and/or to mention its source.
7. DISCLAIMER OF WARRANTIES
Without prejudice any material, information and all that you find on this website (and/or any other lifematrix Website) are furnished to you “as is”, in function of their availability, and without guaranty of any sort, express or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
lifematrix GmbH does not guarantee that its websites and/or their content will correspond to your expectations, will not be interrupted, are timely, secure and/or free of error.
Some jurisdiction may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
8. WAIVER/LIMITATION OF LIABILITY
You access, use, browse and navigate on this Website (and/or any other lifematrix Websites, including websites of affiliated companies) at your own risk and peril.
You recognize and accept that, to the fullest extent permitted by applicable regulations and laws, that neither lifematrix, any of its affiliated companies, nor any other party involved in creating, producing or delivering the Website and/or making the website accessible, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, cost, losses, decrease in turnover, profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known to lifematrix and/or any persons affiliated to lifematrix), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website of their content.
To the maximum extent permitted by law, lifematrix shall in no event be liable for or guarantee (explicitly, implicitly or otherwise) the correctness, completeness, accuracy, durability, assurance of features, reliability, workability, merchantability, quality, fitness for a particular purpose, achievement of results, non-infringement of proprietary rights or the absence of any deficiencies of any goods and/or services which are featured on this Website (and/or other lifematrix Websites). In addition, to the maximum extent permitted by law, lifematrix shall also not be liable for or guarantee the results of the use of statements, information, downloadable data and files etc. on this and/or other lifematrix Websites. All statements, information, downloadable data and files etc. on this and/or any other lifematrix Websites are made available without liability or guarantee for their correctness, completeness, accuracy, durability, assurance of features, reliability, workability, merchantability, quality, fitness for a particular purpose, achievement of results, non-infringement of proprietary rights, absence of any deficiencies or something similar.
All materials which are downloaded or obtained by any other manner during the use of the website are at your own risk and peril. lifematrix GmbH assumes no liability for any damage (particularly computer viruses, computer worms, Trojan horses) which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from any lifematrix Website or for any illegal intrusion or intervention in the IT systems.
To the maximum extent permitted by law, lifematrix shall in no event be liable (explicitly, implicitly or otherwise) for any loss and/or damage of any kind (including but not limited to direct and indirect damage, consequential damage or loss, punitive damage or incidental loss and/or damage, including, but not limited to the loss of data, profit, other intangibles, the cost of procurement of substitute goods and/or services) that may result from or in connection with the access, use, performance, querying, downloading of data and/or files (in particular of screensavers and other computer software which might be available on the website) on this Website, any other lifematrix Website and/or other linked websites, even if lifematrix has been notified of the possibility of such loss and/or damage. lifematrix does not warrant the performance, merchantability, quality, satisfactory quality, fitness for a particular purpose, achievement of results, non-infringement of proprietary rights or lack of deficiencies of any goods and/or services which are offered or presented on this Website, any other lifematrix Website and/or any other linked website. Further, lifematrix does not warrant or take any responsibility that functions, contents, downloadable files and software on the lifematrix Websites (including linked websites) are free of any deficiencies (including, but not limited to computer viruses, computer worms, Trojan horses, harmful codes which may impair the proper functioning of any software, hardware or other equipment or materials), or are not interrupted, that deficiencies will be remedied or that this Web site or its server is free of any damaging components. Access to the lifematrix Websites may be interrupted or unavailable at any time, in particular during maintenance or upgrade procedures. lifematrix also reserves the right to interrupt or discontinue any or all of the functionality of any or all of the lifematrix Websites at any moment without prior notice. lifematrix accepts no responsibility or liability whatsoever for any interruption or discontinuation of any or all functionality of its Websites resulting from actions or omissions of lifematrix or any third party.
9. CHANGE OF INFORMATION
The content of the Website may contain inaccuracies and/or errors or maybe otherwise incomplete. lifematrix GmbH reserves the right to make changes, corrections and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.
10. AVAILABILITY OF PRODUCTS / SERVICES
The lifematrix Websites may contain information on lifematrix’s products and services, not all of which are available in every location and/or country worldwide.
A reference to a lifematrix product or service on any of the lifematrix Websites does not imply that such product or service is or will be available anywhere worldwide, particularly at your location. The lifematrix Websites are not intended for persons who are subject to a jurisdiction that prohibits the publication of and/or access to these websites (be it because of the nationality, the domicile or for any other reason, e.g. in case of restrictions with respect to products sold, medical information etc.). If you are affected by such restrictions you may not access this website.
11. CONDITIONS FOR THE SALE OF GOODS AND PROVISION SERVICES
For the sale of goods and provision of services with costs which are available on this Website and/or other lifematrix Websites, different conditions are applicable, particularly depending upon the country of your residence. You can find the applicable conditions for such sale of goods and/or provision of services with costs here.
12. CROSS REFERENCE AND LINKS
Some links on this Website and other lifematrix Websites refer to other websites which have been set up by third parties. lifematrix does not exercise any control over these websites and the information, goods and/or services offered, featured and/or indicated on these websites and has also not checked the contents of such websites. lifematrix does not take any responsibility and shall not be liable for the contents of such websites of third parties. lifematrix expressly disclaims any endorsement or recommendation of and guarantee or liability for such websites of third parties, particularly with respect to their content and/or consequences of using such websites.
lifematrix does also not take any responsibility and shall not be liable for any links and references within its own content and for third party content on any of the lifematrix Websites (e.g. in guest books, forums, link collections, mailing lists and in all other types of databases which can be accessed by third parties). For illegal, erroneous or wrongful contents, particularly for damages resulting from the use or non-use or such information, the owner of third page which was referred to or the author of such content shall be exclusively responsible and liable, and not lifematrix.
lifematrix does not express any opinion or judgment of websites which link to any of the lifematrix Websites and/or through which any of the lifematrix Websites can be reached. lifematrix is not responsible for the content of such websites. The third party owner of such website which refers to or the author of such content shall be exclusively responsible and liable.
The present Terms and Conditions embody the entire agreement concluded between lifematrix GmbH and yourself concerning the access and/or the use of this Website, any other lifematrix Websites and their content. Any other specific terms or conditions (Agreement) issued by lifematrix GmbH and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms and Conditions; in the event of any inconsistency between them, the other (specific) terms or conditions shall prevail over these Terms and Conditions.
In case lifematrix should tolerate a violation by yourself (or any third party) of one of the obligations set out in these Terms and Conditions, or does not enforce a right attributed to it there under or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of the Terms and Conditions should be considered or declared to be illegal by law, regulation, existing or future, or by a court ruling, then such provision shall be considered as cancelled, all other provisions of the Terms and Conditions maintaining full force and effect between yourself and lifematrix GmbH. Instead of such invalid, illegal or unenforceable provision, a substitute provision (as similar as allowed by applicable law or court) shall be applicable in such case.
The headings of the provisions of the Terms and Conditions are for convenience alone and shall not alter or modify the Terms and Conditions in any manner.
14. APPLICABLE LAW AND JURISDICTION
The regulations mentioned above as well as the use of this Website and other lifematrix Websites (including inquiries, offers, orders etc. resulting from the use of this or other websites) shall be exclusively subject to Swiss (substantive law) Law, excluding the rules about the conflict of laws. In case of offers, orders etc. regarding merchandise, the Vienna Convention on the International Sale of Goods (CISG) is applicable.
The exclusive place of jurisdiction for all disputes resulting from, otherwise in connection with the regulations above and/or the use of this websites (and/or any other websites of lifematrix), including, but not limited to requests, offers, orders etc, resulting from the use of this and/or other websites of lifematrix, is Zug, Switzerland. However, lifematrix is also entitled to proceed against third parties before any other court which is competent.
As far as prescribed by mandatory law which is applicable, a different law than Swiss law and a different place of jurisdiction can be applicable.
lifematrix GmbH – all rights reserved