These terms and conditions (the “Terms of Use”) govern your use of the 365 Club website (“the Site”) and your relationship with us. Please read these Terms of Use and our Privacy Policy carefully before using the Site as they affect your rights and liabilities under the law. If you do not agree to these Terms of Use, please do not register for or use the Site. In these Terms of Use and in our Privacy Policy “we”, “us” and “our” means 365 Club and “you” means the individual who is using the Site. 365 Club is part of Le News Sàrl (CH-550.1.129.786-5).
1. Use of the Site
The Site is provided to you free of charge for your personal use subject to these Terms of Use. By using the Site you agree to be bound by these Terms of Use.
All sales of subscriptions or products delivered by mail will be subject to other terms and conditions of sale agreed to at the point of order submission.
All personal data which we collect through the Site will be treated in accordance with our Privacy Policy. By registering your details you will be deemed to have accepted these Terms of Use.
2. Disclaimer
2.1 The content of the Site is intended for general information only and is not be relied upon as advice on which to base any decision. To the extent permitted at law we do not accept any responsibility for any material appearing on the Site. If you have concerns about the accuracy of any content displayed on the Site please let us know.
2.2 The Site, and in particular the Comments, contain material submitted by third parties. In visiting the Site you accept that we do not pre-monitor or pre-edit posts on the Comments (see further details below of terms relating to use of Comments)
2.3 Our Site includes hyperlinks to websites which are provided and maintained by third parties. We have no control over the content of such websites and you acknowledge that we have no responsibility or liability for in respect of such websites, and advise you to review the terms and conditions of such websites before accessing them.
We accept no liability for any transaction you enter into with such third party through the Site, and, if you have concerns about the effects of any such transaction you should seek professional legal advice.
3. Use of Material from our Site
3.1 All intellectual property rights in any information or material displayed by us on the Site are expressly owned by us or our licensors.
3.2 You agree not to copy, reproduce, transmit, extract, adapt or distribute materials from the Site, except for your own personal non-commercial use and reference only. Except where you are using a feature of the Site, for personal non-commercial use and reference only, the information on the Site may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without our prior written approval.
3.3 Any hard copies you make must retain all copyright and proprietary notices. You must not alter or try to alter any words, data, image or other item on the Site other than those items that are intended to be completed or changed by you.
4. Liability
4.1 Although care is taken in the preparation of the Site, you hereby acknowledge that it is not technically possible to run the Site free of all faults, and we give no warranties, guarantees or representations as to the continuous operation of the Site and accept no liability for any time the Site is not operational due to fault, maintenance or introduction of new facilities or services. We give no warranty that any downloads will be free of viruses.
4.2 The liability of 365 Club shall be excluded insofar as is legally admissible and unless otherwise stipulated below.
4.3 To the extent permitted by applicable law, we exclude liability for damages arising from non-contractual, contractual, fault-free or any other type of liability, regardless of whether the damage is direct, indirect, or incidental, consequential or indirect, of whatever type it is, including damages resulting from lost profits, loss of revenue, loss of opportunity, or demands and claims of third parties, even if we had the possibility to know, or had grounds to know, of such damages, demands and claims. We reject, to the extent permitted by applicable laws, any express, legal or implied guarantee or warranty in relation to or arising out of the use of the Site.
4.4 The material on the Site is designed to comply with Swiss law and we cannot be held responsible for any non-compliance with applicable local laws in any other jurisdiction.
5. General
5.1 These Terms of Use shall be governed exclusively by Swiss law. Application of the Vienna Sales Convention (CISG) is expressly excluded. The place of jurisdiction is Geneva. 365 Club may also bring suits against the advertiser where its registered office or place of residence is.
5.2 If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
5.3 No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.
5.4 The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party.
5.5 Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will.
6. Changes to our Terms of Use
We reserve the right to amend these Terms of Use at any time. Amendments shall apply as soon as they are published on this website. We therefore advise you to check this page on a regular basis.
These Terms of Use were last updated on 3 February 2021.