Disclaimer
These terms of use (the Terms of Use), together with our privacy policy (the Privacy Policy), apply to any use the Polimec Websites and any data, information, tool and service available on Polimec Websites (collectively the Website).
You may use the Website only on the condition that you understand and accept the Terms of Use and the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.
Application of these Terms of Use
These Terms of Use apply to your use of the Website, or any part thereof.The information published on the Website neither constitutes a recommendation nor an offer or a proposal for concluding any type of legal transaction.
User Conduct
Users may not misuse the Website and are prohibited from processing via the Website any material:- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licenses and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
General Information on Website Content
Publications and other information (Content) available on our Website are provided for general information only. They do not constitute any investment recommendation or recommendation for action nor any legal or other professional advice. You should take specific advice on your particular matter. Please contact us should you require advice or in case you would like to find out more about a specific Content.Unless indicated otherwise, Polimec retains all rights in the Content (e.g. pictures, text, trademarks) on the Website or in marketing communications. You may download and temporarily store Content from the Website for the purposes of viewing them. Also, you can print any Content for personal use as long as no amendment is made to it and the entire Content is displayed and acknowledges Polimec as its source. If you provide copies to other individuals, you must ensure that any recipients are made aware of our Terms of Use.
We intend that the Content is accurate at the time it is published, however, we accept no obligation to ensure, and do not warrant, that it is complete, accurate, up to date or that the Website or Content will remain accessible.
The Content of our Website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the completeness or accuracy of any of the pages of the Website or it being up to date.
We as service providers are liable for our own Content on this Website in accordance with general laws. However, we as service providers are not under obligation to monitor external information provided or stored on our Website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Confidential Information
By accessing or using any information provided by projects, issuers or Polimec available on the Polimec Website, including but not limited to the information or documents available in the Data Room, (the "Confidential Information"), you agree to comply with and be bound by the following confidentiality terms:Confidentiality Obligations
All documents, information, data, and materials (collectively, "Confidential Information") made available to you in connection with a project or issuer on the Polimec Website are confidential and proprietary to the entity that provides such information (the "Discloser"). You agree to maintain the confidentiality of all Confidential Information and to use such information solely for the purpose for which access was granted.Restrictions on Disclosure
You shall not disclose, publish, or disseminate any Confidential Information to any third party without the prior written consent of the Discloser, except to your employees, agents, or representatives who have a need to know such information for the purpose of evaluating the Discloser’s product, service, or offer on Polimec, including but not limited to entering the evaluation or funding round of the Discloser and who are bound by confidentiality obligations at least as restrictive as those stated herein.Use of Confidential Information
You may use the Confidential Information solely for the purpose of evaluating the Discloser’s product, service, or offer on Polimec, including but not limited to entering the evaluation or funding round of the Discloser. Any other use of the Confidential Information is strictly prohibited unless expressly authorized in writing by the Discloser.Protection of Confidential Information
You agree to take all reasonable measures to protect the confidentiality of the Confidential Information and to prevent any unauthorized use or disclosure. Such measures shall include at least the same degree of care that you use to protect your own confidential and proprietary information of a similar nature, but in no event less than a reasonable degree of care.Return or Destruction of Confidential Information
Upon the Discloser’s request, you agree to promptly return or destroy all copies of the Confidential Information in your possession or control and to certify in writing that you have complied with this obligation.No Warranty
The Discloser does not make any representations or warranties as to the accuracy or completeness of the Confidential Information. You agree that neither the Discloser nor Polimec shall have any liability resulting from your use of or reliance upon the Confidential Information.Duration of Confidentiality Obligations
Your obligations under these confidentiality terms shall continue for a period of three (3) years from the date of your last access to the Confidential Information, unless otherwise agreed in writing by the Discloser.
By accessing the Project Information, including but not limited to the information or documents available in the Data Room, you acknowledge that you have read, understood, and agreed to be bound by these confidentiality terms and the Terms of Use of the Polimec Website.
Limitation of Liability for Internal Content
All representations and warranties are excluded, including the warranty regarding suitability for a particular purpose.Neither Polimec nor any of its affiliates, agents, contractors or licensors shall be liable for any loss, injury or damage (including without limitation any direct, indirect, punitive or consequential loss or damage, any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption); whether foreseeable, known or otherwise and even if advised of the possibility of such damages; and whether in tort (including without limitation negligence), contract or otherwise; including without limitation for contingencies beyond its or their control in procuring, compiling, interpreting, reporting or delivering data and for conclusions, decisions or actions derived, made or taken based on the use of the Website or any part thereof.
Nothing herein excludes or limits the liability of Polimec (i) for fraud or gross negligence, (ii) for death or personal injury caused by Polimec, or (iii) which may not be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless Polimec and its affiliates, agents, contractors and licensors and the respective directors, officers, employees, agents and independent contractors from and against all damages, claims and expenses, including reasonable attorneys' fees, arising out of or in connection with your misuse of the Website, i.e. any use of the Website which violates these Terms of Use or any applicable law or regulation.
External Links
The Polimec Websites contains links to the websites of third parties (external links). As the content of these websites are not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.Intellectual Property Rights, Confidential Information and Trade Secrets
You acknowledge and accept that the Website and any part thereof may be protected by copyright or other intellectual property or unfair competition or misappropriation laws and are and shall remain the property of Polimec and/or its licensors. Such content may only be used in accordance with these Terms of Use, any other agreement between you and Polimec, as applicable, and with all applicable laws and regulations. Any unauthorised use is strictly prohibited.All trade names, trademarks, service marks and other product and service names and logos, whether registered or unregistered, on the Website are proprietary to their respective owners and are protected by applicable laws.
The complete or partial reproduction, distribution, modification, linking or use for commercial or public purposes and any type of exploitation outside the limits of copyright law requires the prior written consent of Polimec. This Website does not grant any license to use the intellectual property of third parties. Any rights not expressly granted in these terms are reserved.
Privacy and Data Protection
In so far as this Website is processing personally identifiable information, the handling of such data is described in more detail in Polimec`s Privacy Policy.Modifications
These terms of use may be updated or changed from time to time. Please check back regularly for any updates to inform yourself of any changes. The terms of use were last updated on 29. November 2022.Severability, No Waiver
If any provision in these Terms of Use is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. If you believe you have other or additional rights than those stated in these Terms of Use under applicable mandatory law, you should inform us without undue delay for us to provide an alternative remedy to the situation.Our failure to enforce strict compliance with any of these Terms of Use shall not be construed as a waiver.
Applicable Law and Jurisdiction
These Terms of Use are governed and construed in accordance with the substantive laws of Switzerland, unless the law of a different country is mandatory.The place of jurisdiction for any disputes arising out of or in connection with this Website is the seat of Polimec Foundation, unless a different place of jurisdiction is mandatory.