Your use of this On Charge Website (the "Website") is subject to the terms of this Legal Notice ("Notice") between you and KJN Innovation SàRL ("On Charge"). You must abide by the terms of this Notice when using this Website - your use of the Website implies acceptance of the terms and conditions set forth in this Notice. If you do not agree with the terms, conditions and restrictions set forth in this Notice, your sole remedy is not to use the Site. This Notice applies to your use of the Website, if you decide to create an On Charge account, download our App, or use our Mobile Payment Services, you will be subject to the Terms of use. The Privacy Policy applies to all use of our services, including use of this Website.
All intellectual property rights, including patents, brands, trade names, logos, company names, brand names, design marks, trade names, product names and descriptions, emblems, copyright notices (registered or no) (collectively the "Brands"), as well as the information and content displayed, presented, controlled or otherwise included in or on the Website, including, but not limited to: text, graphics, images, representations, digital downloads, designs, video, audio, animation, software, and their related files; the arrangement of such on the site; the look and feel of the site, the user experience of the site; color combinations; button shapes, sizes, icons, images, organization; and other graphic elements including all works derived from the foregoing (collectively the "Content"), as displayed on the Website and / or viewed on or obtained through the Website are the property of On Charge, its affiliates, suppliers and / or representatives. You acknowledge and agree that the Content is protected by various international laws on intellectual property and competition. No part of the Content or data included in the Content may be reproduced in whole or in part, except as otherwise provided in this Notice or with the express permission of On Charge in writing.
On Charge grants you a limited, non-exclusive, non-transferable and revocable license to view and print the materials solely for your personal, non-commercial use. We grant you such license under the terms and restrictions specified in this Notice. You understand that you do not and will not acquire any other right, title or interest in the Content and that you may not exploit the Content or the underlying data in a commercial manner. This means that you may not create derivative works of the Content, use data mining tools, robots or similar data collection and extraction tools on the Content, frame any part of the Content, print or reprint, copy, modify, publish, sublicense, assign, transfer, sell or otherwise distribute the Content except as otherwise provided in this Notice or with the express permission of On Charge in writing. You may also not reverse engineer, disassemble, decompile or derive or attempt to derive the source code or structure of all or part of the Content or the Site.
If you print materials from the Website, you must include all proprietary trademarks, copyright notices, and / or captions. You may not modify or delete any Trademark, copyright notice or proprietary caption contained in or on the Content. You acknowledge that any breach of the parts of this Notice relating to our intellectual property rights would cause irreparable harm to On Charge for which monetary damages would be inadequate. Therefore, you acknowledge and agree that, if you fail to comply with the terms of this Notice relating to our intellectual property rights, On Charge has the right, in addition to all other available remedies, to seek interlocutory, interim and permanent injunctions or any other appropriate orders in order to prevent any continued violation of these guidelines without having to prove that actual damage has been suffered by On Charge.
While On Charge wishes to ensure the accuracy and quality of the Content, the Content may include technical inaccuracies or typographical errors. This website and the Content are provided with all possible defects on an "as is" and "as available" basis. On Charge, its parents, affiliates, directors, employees, distributors, suppliers, licensors, representatives, agents or resellers (collectively, the “On Charge Entities”) expressly disclaims any warranties, express or implied, including any guarantees that the Website and the Content are free from defects or viruses and are capable of functioning without interruption, whether they meet your needs, or that errors will be corrected, and the implied guarantees that the Websiteand the materials are salable, of satisfactory quality, accuracy, safety, suitability for a particular purpose or need, unless such implied guarantees are legally incapable of exclusion. No advice or information given by the On Charge Entities creates a guarantee or extends the scope of any guarantee (if any) of any kind that cannot be disowned under applicable law. Your use of the Website and its Content is solely at your own risk.
We have the right at any time to change, modify, add, delete or remove any aspect or feature of the Website or the Content, including, but not limited to, the software, content, hours of uptime or availability, Site or Content on a particular device, operating system or communication service.
To the extent permitted by law, On Charge Entities cannot, under any circumstances, be held liable for any indirect, special, incidental, consequential or exemplary damage resulting from the use, misuse or non-use of the Website or Content, including, without limitation, damages for loss of use, data, business opportunities, savings or profits. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the parties have been advised of the possibility of such damages. This limitation applies notwithstanding any breach of the essential purpose of a limited remedy and to the fullest extent permitted by law. In addition, On Charge Entities can in no way be held responsible, directly or indirectly, for any loss or damage caused or presumed to be caused in connection with the use of the Content, products or services available on or through any sites linked to or from this Website.
You acknowledge that a violation of this Notice gives rise to rights of action enabling On Charge to enforce its rights set out in this Notice, including all rights under federal and state / state law relating to rights of payment, author, trademarks, patents, secrecy, and other proprietary rights. You agree that, if we do not exercise or exercise any legal right or remedy which is contained in this Notice (or which we enjoy under any applicable law), this will not be considered a formal waiver of our rights and that these rights or remedies will always be available to On Charge.
The laws of Switzerland are applicable to this Notice and any dispute that may arise between you and On Charge and the On Charge Entities, as well as its successors and beneficiaries. You agree to submit to the non-exclusive jurisdiction of the Swiss courts with respect to any dispute arising under this Notice. On Charge is committed to making the best efforts to resolve any issues amicably.
In the event of a dispute, you can refer either to one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, or to the jurisdiction of the place where you reside at the time of the conclusion of the present or the occurrence of the harmful event.
Our Website may contain references and links to other sites on the Internet and we do not endorse or maintain such sites or the information provided on them. On Charge assumes no responsibility for obscene, incorrect, defamatory or illegal content that may reside elsewhere on the Internet and that may be accessible through or from our Site. We make no guarantee or endorsement regarding the quality of products and services offered, promoted, contained or distributed on third party sites.
You are encouraged to print a copy of this Notice locally and keep it for your records. Please note, however, that we have the right at any time to change, modify, modify, revise or replace this Notice by posting an amended Notice on the Website and this new version of the Notice will govern your use of the Website after the update. Since you are bound by any such changes and you are encouraged to visit our Website regularly to review this Notice from time to time.
