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Terms of Use for the Bucher + Suter Online Portal "b+s Hub"
1. Scope of application and services of Bucher + Suter
1.1 Bucher + Suter AG (hereinafter referred to as "Bucher + Suter" or "b+s") offers selected business partners (see Section 2.1) an online portal (hereinafter referred to as “the b+s Hub” or "the Hub") which offers various services.
1.2 By registering in accordance with section 2.3, the users accept these terms of use, without reservation, as binding. A user is defined as any person who has a registration for the b+s Hub and therefore a user profile or who uses information and materials from the b+s Hub after a canceled registration.
1.3 There is no legal claim for access to the b+s Hub and access to the services offered there.
1.4 Bucher + Suter shall decide independently of the users on the content, structure, and design of the b+s Hub and the information and materials contained therein. Bucher + Suter reserves the right to change the content of the b+s Hub at any time and without prior or subsequent notice and/or to adapt it to technical and legal developments.
2. Access to the Hub
2.1 Bucher + Suter alone decides who is entitled to access the b+s Hub. Anyone who cooperates with Bucher + Suter within the framework of a contractually regulated partnership concerning the sale of b+s products shall in principle be granted access. Bucher + Suter customers may be granted access to the b+s Hub, the merits of which will be judged on a case-by-case basis.
2.2 The following means of identification are required for access to the b+s Hub:
a. Email address;
b. Password.
2.3 Users register online using a web form. The name, email address, company name, and country must be entered in the form.
2.4 Bucher + Suter reserves the right to refuse registrations without giving reason.
2.5 Bucher + Suter reserves the right to cancel access to content or the b+s Hub at any time and without giving reason.
2.6 Users unconditionally acknowledge all actions carried out using the b+s Hub in conjunction with their means of identification.
2.7 Bucher + Suter is not responsible for user-uploaded content in either the b+s Hub or within cases.
2.8 Bucher + Suter reserves the right to remove or amend user-uploaded data, without cause.
3. Obligations of the user
3.1 Users must ensure that all means of identification (see Section 2.2) are kept secret from third parties and protected against misuse by third parties. Third parties are all persons except Bucher + Suter employees responsible for the b+s Hub and the users themselves.
3.2 If users suspect that a third party has or may have knowledge of their password, they are obliged to notify Bucher + Suter immediately, change the password immediately or apply to Bucher + Suter for their account to be blocked. Blocking requests must be sent to the following email address: hub@bucher-suter.com .
3.3 Users must check all personal data entered by them in the b+s Hub for completeness and correctness and ensure that it is up-to-date.
3.4 Users must ensure that the information and materials available in the b+s Hub are not passed on to third parties without authorization. The information and materials obtained may only be used for the purpose of the activities required within the framework of the partnership with Bucher + Suter. Once the purpose has been fulfilled, all information and materials downloaded by users from the b+s Hub must be securely destroyed.
3.5 Users are obliged to notify Bucher + Suter should they change their employer and therefore lose the eligibility to access the b+s Hub. Bucher + Suter reserves the right to block or cancel access without prior notice if it becomes known by other means that a user is no longer authorized to access the b+s Hub due to a change of employer.
3.6 Violations of the above obligations must be reported immediately to the following email address: hub@bucher-suter.com .
4. Safety instructions
4.1 Access to the b+s Hub is provided via the internet. Even state-of-the-art security measures cannot guarantee absolute security.
4.2 In particular, users of the b+s Hub commit to performing appropriate counter-measures in regards to the following risks:
a) Inadequate knowledge of the system and inadequate security precautions on the user's terminal equipment may facilitate unauthorized access by third parties. It is the users' responsibility to inform themselves precisely about the minimum required security precautions concerning their terminal equipment;
b) It cannot be ruled out that a third party may gain unnoticed access to the user's terminal device while using the internet. They are therefore required to protect their end devices with current protection programs and security updates;
c) Data transmission between a user and the b+s Hub is encrypted. However, the IP addresses of the sender and recipient remain unencrypted. It is, therefore, possible for a third party to draw conclusions about an existing relationship between a user and Bucher + Suter;
d) The data is transported via a public network (internet).
4.3 The user shall indemnify and hold Bucher + Suter harmless against any damages incurred by Bucher + Suter or third parties as a result of the user having violated the security instructions (see section 4.2) or the obligation to maintain secrecy regarding means of identification (see section 3.1) or the obligation to maintain secrecy regarding the materials and information made available on the b+s Hub (see section 3.4).
5. Liability
5.1 Bucher + Suter is committed to the highest possible and uninterrupted availability of the b+s Hub. However, Bucher + Suter does not guarantee that the functions of the b+s Hub can be used without interruptions or faults.
5.2 Bucher + Suter does not accept any liability for any content related to third party products. Such content origins from a third party provider and will be governed by the terms of use applying to the respective third party product.
5.3 The contents on the b+s Hub are information media which neither constitute an offer nor a recommendation or invitation to purchase products or conclude contracts.
5.4 Technical access to the b+s Hub is the sole responsibility of the user. Any liability on the part of Bucher + Suter for damages incurred by the user as a result of transmission errors, technical defects, overloads, interruptions, malfunctions, unauthorized interventions or eavesdropping, spamming, harmful software, spyware, etc., as well as other errors or defects of the b+s Hub, is excluded.
5.5 The liability of Bucher + Suter towards the user is limited to gross negligence and intent. In no event shall Bucher + Suter be liable for indirect or consequential damages, lost profits, loss of data or damage resulting from downloads. Bucher + Suter accepts no liability for damage caused by the account being blocked or canceled.
6. Data protection
Bucher + Suter processes the personal data of the users listed in sections 2.2 and 2.3 (such as name, email, company, country) for the purposes of these Terms of Use, managing access to the b+s Hub and ensuring the security and operability of the b+s Hub. This personal data will not be passed on and will be deleted after the purpose has been fulfilled. Further information on data protection and advertising behavior can be found in Bucher + Suter's data protection declaration.
7. Blocking or cancellation of access to the b+s Hub
7.1 Users have the right to cancel access to the b+s Hub at any time and without giving reason. Requests for cancellation should be sent to the following email address: hub@bucher-suter.com .
7.2 Bucher + Suter reserves the right to block or cancel access to the b+s Hub without prior notice or reason. This applies in particular to the detection of security gaps or misuse.
7.3 If a user’s email address is no longer available, i.e., can no longer be reached by Bucher + Suter, or the contact details are no longer up to date, access to the b+s Hub will be blocked.
7.4 If a user has not accessed the b+s Hub for a prolonged period of time, Bucher + Suter will contact the user and inform them that access will be blocked in case of further inactivity.
8. Support
Users can send support requests to the following email address: hub@bucher-suter.com .
9. Final provisions
9.1 Bucher + Suter has the right at any time to amend these Terms of Use. Bucher + Suter will inform users of any changes to these Terms of Use. The current version of the Terms of Use can be accessed at any time in the b+s Hub. If the user uses the b+s Hub, the terms of use published at the time of access shall be deemed accepted.
9.2 Any intellectual property rights associated with the information and materials available on the b+s Hub shall remain with Bucher + Suter or with the respective authorized third party. Users are granted the non-transferable, non-exclusive right to use the information and materials as part of the partnership with Bucher + Suter as long as they have an active account. Users must indemnify Bucher + Suter if they infringe the intellectual property rights of third parties and Bucher + Suter is held liable as a result.
9.3 These Terms of Use shall be governed exclusively by Swiss law. The provisions of the Vienna Convention on Contracts for the International Sale of Goods are excluded. The exclusive place of jurisdiction is Berne. Mandatory jurisdictions of federal law remain reserved.
10. Current-ness and amendment of these Terms of Use
These Terms of Use are currently valid as of September 2021. Due to further development of the b+s Hub or due to changed legal or official requirements, it may become necessary for these Terms of Use and contents of the linked pages to change.
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Terms of Use