Terms of use

1. Introduction

1.1 Please read these terms of use (“Terms of Use”) carefully before using this website (“Website"). Accessing and using the Website indicates that you accept and agree to comply with the Terms of Use. If that is not the case, do not use the Website.
 
1.2 The Website is operated and the Terms of Use were issued by Advanced Microfluidics SA, Ch. de la Dent d'Oche 1a, 1024 Ecublens, Switzerland (“Advanced Microfluidics”, "AMF" “We", “Us”, “Our”). 

1.3 AMF may at any time revise these Terms of Use. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound. 

2. Purpose and content of the website

2.1 All information and materials on the Website are presented solely for the purpose of providing general information on and promoting products and services of AMF. Such information and materials do not constitute offers for products and / or services of AMF or official retailers or other third parties, nor do they constitute advice or other instructions on the use of products and / or services of AMF. 

3. User content

3.1 Please be aware that whenever you post information to the Website (e.g. a forum or guestbook) that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users. 

3.2 AMF does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship or any other materials that you may post (“User Content”) on the Website. After posting your User Content, you continue to retain all ownership rights in it, and you continue to have the right to use it in any way you choose. By posting your User Content on or through the Website, you hereby grant Us a non-exclusive, sublicensable, transferable, free and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content on and through the Website or in the AMF section of a third-party platform (Facebook, Twitter, etc.) until you remove your User Content from the Website. 

3.3 You represent and warrant that: (i) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Website does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company. 

3.4 You are solely responsible for the User Content that you post on the Website. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by AMF prior to posting and does not necessarily reflect the opinions or policies of AMF. AMF makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law. 

3.5 The Website may offer the possibility for users to create a personal account by providing certain information. In such case, you will be required to choose an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address, or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

3.6 AMF expressly reserves the right to remove any information or materials posted or transmitted by anyone which is in breach of these rules. AMF will fully cooperate with any law enforcement authorities or court order requesting or directing AMF to disclose the identity of anyone posting any such information or materials. 

4. Intellectual property rights

4.1 The Website together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Website and all other files, and their selection and arrangement (“the Website Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by AMF, its affiliates, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Our prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Website. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of AMF. 

4.2 Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The license is subject to the Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Except for your own User Content, you may not upload or republish the Website Content on any Internet, intranet or extranet site or incorporate it in any other database or compilation, and any other use of the Website Content is strictly prohibited. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of AMF, is strictly prohibited and will terminate the license granted herein. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use will be construed as conferring any license to any intellectual property rights. 

4.3 "Advanced Microfluidics" and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Website are subject to the trademark and other rights of AMF or its affiliates. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Swatch Group. Your use / misuse of Trademarks displayed on the Website, or of any other Website Content, except as provided for in the Terms of Use, is strictly prohibited. 

5. Disclaimer

5.1 While AMF uses reasonable efforts to include accurate and up-to-date information on the Website, it makes no warranties or representations with respect to the Website Content, which is provided "as is." In particular, AMF neither warrants nor represents that your use of the Website Content will not infringe the rights of third parties not owned by or affiliated with AMF. 

5.2 AMF assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Website or your downloading of any materials, data, text, images, video or audio from the Website. 

5.3 AMF reserves the right to interrupt or discontinue any or all of the functionalities of the Website. AMF accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Website, irrespective of whether this is the result of actions or omissions of AMF or any of its affiliates or any third party. 

5.4 The Website Content may contain technical inaccuracies or typographical errors. AMF reserves the right to make changes, corrections and/or improvements to the Website Content at any time without notice. 

6. Links to and from other websites

6.1 Because AMF has no control over and does not endorse any of the sites to which the Website is linked and because AMF has not reviewed any or all of the sites to which the Website is linked, you acknowledge that AMF is not responsible for the content of any off-site pages or any other sites linked to the Website. Responsibility for access to off-site pages and linked third-party sites rests solely with you. 

6.2 Your linking to the Website, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and privacy policy of any linked site will apply, which may be different from those of AMF. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page, and subject to the following conditions. 

6.3 Framing of the Website by sites or site elements of parties not part of AMF is not permitted. In-line linking or any other manner of incorporating parts of the Website on sites of parties not part of AMF is equally prohibited. 

7. Service access

7.1 While AMF endeavors to ensure that the Website is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. 

7.2 Access to the Website may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control. 

8. Limitation of liability

8.1 In as much as permitted by law, and except for damage caused by intent or gross negligence, AMF, including the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, or consequential loss or damage, or any loss of income, profits, goodwill or data) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing of the Website or your downloading of any material from the Website or any websites linked to the Website.

9. Privacy

9.1. Information we may collect from you

9.1.1 We may collect and process the following data about you:

9.1.1.1 Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us or when you report a problem with the Website.

9.1.1.2 If you contact us, we may keep a record of that correspondence.

9.1.1.3 We may also ask you to complete surveys that we use for research purposes, although you are not required to do so.

9.1.1.4 Details of your visits to the Website, including but not limited to traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access. Please see the section below regarding cookies for more information about our use of cookies.

9.2 Where we store your personal data

9.2.1 The data that we collect from you will be saved in our cloud storage.

9.2.2 Where we have given you (or where you have chosen) a password that enables you to access certain parts of this website, you are responsible for keeping this password confidential. We ask you not to share any passwords with anyone.

9.2.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

9.3 Uses made of the information

9.3.1 We use information held about you in the following ways:

9.3.1.1 To ensure that content from the Website is presented in the most effective manner for you and for your computer.

9.3.1.2 To provide you with information, products or services that you request from us or that we feel may interest you, where you have consented to be contacted for such purposes.

9.3.1.3 To carry out our obligations arising from any contracts entered into between you and us.

9.3.1.4 To allow you to participate in interactive features of our service, when you choose to do so.

9.3.1.5 To notify you about changes to our service.

9.3.1.6 To test and improve our systems by which the services are provided.

9.3.2 If you are an existing customer, we will only contact you by electronic means (e.g., e-mail, SMS, APP), by phone or by mail with information about goods and services similar to those that were the subject of a previous sale to you.

9.3.3 If you do not want us to use your data in this way, please contact us using the contact form.

9.3.4 Through your use of the Website, we may also gather certain information about your use of the Website that does not identify you individually. Generally, this information is collected through "traffic data." We may collect and store such information automatically whenever you interact with the Website. For example, we may collect your IP address, the hostname of your computer, browser information and reference site domain name every time you visit the Website. We may also collect information regarding customer traffic patterns and site usage. This information does not, however, contain anything that can personally identify you; it is used to analyze and improve the Website and to provide our customers with a fulfilling Internet experience. Please see the section below regarding cookies for more information about our use of cookies and when we will ask for your consent. 

9.4 Disclosure of your information

9.4.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who may be inside or outside of the EEA.9.45.2 We may disclose your personal information to third parties:

9.4.2.1 Who help us to administer the Website (such as our Internet service providers) or to provide the services you are requesting. These third parties must at all times provide the same levels of security for your personal information as Swatch Group.

9.4.2.2 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

9.4.2.3 To perform functions on our behalf. Examples include fulfilling orders, delivering packages, processing credit card payments, providing customer service, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, executing customer satisfaction surveys, providing customized advertising and providing search results and links (including paid listings and links). They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable data protection laws.

9.4.2.4 If AMF or substantially all of its assets or any member of our group are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

9.4.2.5 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of AMF or any member of our group, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

9.5 Your rights

9.5.1 You may at all times revoke any consent given to processing your data, taking effect as from the date of revocation, by sending us an email or by contact us through our web form. You may at all times request information as to what data from you is being processed and for what purpose. Furthermore, you may in accordance with the law request the correction, blocking or deletion of your data.

9.5.2 The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

9.6 Cookies and spyware

9.6.1 Use of Cookies and Spyware

9.6.1.1 We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer.

9.6.1.2 Like many websites, we use "cookies", which are files saved on your computer's hard drive by your browser and used to collect and store certain information about you.

9.6.1.3 Most browsers accept cookies automatically but allow you to disable them. The help menu on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies all together. You can also disable or delete cookies you have previously accepted if you wish to.

9.6.1.4 We recommend that you leave cookies "turned on" so that we can offer you a better experience on the Website. If you set your browser to block all cookies (including strictly necessary cookies), you may not be able to access parts of the Website.

9.6.1.5 We have set certain cookies on your device and recommend that you agree to their use. If you do not, you may still use the Website, but certain parts of it may not work or may not work as well. 

9.6.2 We use the following cookies:

9.6.2.1 Strictly necessary cookies. These are cookies that are required for the operation of the Website and for you to be able to complete services you ask for. They include, for example, cookies that enable you to log into secure areas of the Website.

9.6.2.2 Functional cookies. These cookies record information about choices you make on the Website, such as your user name, language or the region you are in. In this way, we are able to personalize your visit to the Website.

9.6.2.3 Performance cookies. These “analytical” cookies allow us to collect information about how visitors use the Website, for example to count visitors and to see how visitors move around the Website. They record your visit to the Website, the pages you have visited and the links you have followed. These cookies do not collect information that identifies you. All information is anonymous. This helps us to improve the way the Website works.

We rely on Google Analytics, a service provided by Google, Inc. (“Google”), to analyze your use of the Website. The information generated by Google Analytics is subject to Google’s privacy policy and will be transferred to and stored by Google on servers in the USA. Prior to the transfer, it will be anonymized by removing the last octet of your IP address. Google will then process it on our behalf in order to evaluate your use of the Website, to compile reports on Website activity and to provide other services related to Internet usage. Google will not link your IP address with any other data held by Google. You may refuse the use of cookies for the aforesaid purposes by setting your browser accordingly; however, in that case, you may not be able to use the full functionality of the Website. You may further opt-out of the collection of your usage data (including your IP address) and its processing by downloading and installing the add-on for your current web browser at http://tools.google.com/dlpage/gaoptout?hl=en. For more information about the use of your data by Google, please see http://www.google.com/analytics/learn/privacy.html.

10. Miscellaneous

10.1 The failure of AMF to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of any such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of the Terms of Use does not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein. 

10.2 The Terms of Use are governed by and will be interpreted in accordance with Swiss law, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. 

10.3 If you have any questions about the Terms of Use, write to 

Advanced Microfluidics SA

Ch. de la Dent d'Oche 1a

1024 Ecublens

Switzerland

Or contact us via the contact form on the website.