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terms and conditions
updated 11 November 2024
This website (www.micaexperts.com), including all of its features and content is made available by the MiCAExperts and its partners, and all content, information, services and products ordered or provided on or through this Website may be used solely under the following Terms and Conditions and conditions of your agreement with service provider, if applicable.
Your use of this Website constitutes your agreement to be bound by these Terms and Conditions.
DISCLAIMER
While MiCAExperts makes every effort to ensure the quality and utility of its Products, these materials may not be fully suitable for your specific business circumstances or regulatory obligations. The templates provided are not pre-approved by regulatory authorities and may require adaptation to align with the applicable regulatory framework governing your business. It is strongly recommended to seek the guidance of a qualified legal advisor if there is any uncertainty regarding their implementation in your business.
I. DEFINITIONS
1.1.Definitions used throughout these Terms and Conditions shall start with the capital letter.
1.2.MiCAExperts
ZÜGER SERVICES GmbH (ZÜGER SERVICES LLC), a Swiss company with registed office at: c/o ZÜGERLAW, Bahnhofstrasse 10, 8001 Zurich, registration number CHE-151.462.110, is the owner and manager of the Website and the actual provider of services mentioned at www.micaexperts.com.
1.3.Partner
a third-party owning intellectual property rights in relation to the Product and/or providing services which may be displayed or advertised on the Website to the Users based on a separate agreement.
1.4.Product
the services, resources, or content offered for sale on the Website, including webinars, checklist and templates.
1.5.Terms
these Terms and Conditions in the latest version published at www.micaexperts.com.
1.6.User
individual, including the representative of legal entity, accessing and using Website, specifically any content, functionality, and services accessible.
1.7.Website
web-hosted interface (www.micaexperts.com) maintained by MiCAExperts.
II. GENERAL PROVISIONS
2.1. By accessing or using this Website, you confirm that you have read, understood, and agreed to these Terms. If it is impossible to read or understand the Terms or in case of disagreement with them, the User must terminate the use of the Website.
2.2. MiCAExperts reserve the right to modify these Terms at any time. Continued use of the Website constitutes acceptance of the updated Terms.
2.3. Product is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy of the Product is not warranted or guaranteed. Your use of Product is at your own risk.
III. ELIGIBILITY
3.1. Only Users who have reached the age of majority (18 years or as per applicable law) and possess full legal capacity are allowed to use the Website and purchase the Product.
3.2. Users must comply with all applicable laws and regulations in their jurisdiction.
3.3. Users which are legal entities must ensure that the use of the Website and/or purchase of the Product is conducted by an authorized representative.
IV. USE OF THE WEBSITE
4.1. Users agree to use the Website for lawful purposes only and refrain from any actions that may compromise the Website’s integrity or security.
4.2. MiCAExperts may suspend or terminate access to the Website if a User violates these Terms.
4.3. User must retain all copyright and other proprietary notices contained on the materials delivered via the Website. The content of the Website cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the prior written permission of MiCAExperts.
4.4. User may not use any automatic software or device, or manual process to monitor or copy the Website or the Product.
V. INTELLECTUAL PROPERTY
5.1. All content on the Website, including Products, text, images, logos, and trademarks, is protected by intellectual property laws and owned by the MiCAExperts or by Partners.
5.2. Objects of intellectual property rights include, but are not limited to, templates, texts, documents, graphic materials, images, audio and video materials, Website design, computer programs and code, other components of the Website, logos, trademarks, brand name, and domain, regardless of whether they are registered and/or subject to registration.
5.3. If User:
- satisfies all of the eligibility requirements outlined in the Terms, and
- accesses to and uses of the Website in compliance with the Terms,
5.4. The User is granted the right to use and display the Product on a computer or other electronic device for personal and non-commercial use only, provided that the User does not breach license terms and retains all copyright notices. The User undertakes not to transmit, distribute, sell, publish, broadcast or otherwise make available any Product, without the prior written consent of the respective intellectual rights owner.
5.5. MiCAExperts and its Partners permit downloading or use of the Product as long as such Product is publicly available on the Website. MiCAExperts and its Partners reserve the right to remove any Product.
VI. PURCHASES AND PAYMENTS
6.1. Detailed information about the Product, pricing, and payment terms is provided on the Website before the purchase. Users are advised to review this information before making a purchase.
6.2. Product prices do not include VAT, which is added according to the applicable law.
6.3. All purchases are final, and refunds are provided only in limited cases.
6.4. The Product is the digital content (downloadable templates, and documents) that is not provided on a tangible medium, therefore the User:
- gives explicit consent to waive the withdrawal right before the download starts;
- acknowledges that they lose the right to withdraw from purchase and ask refunds once the digital download begins.
6.6. Users must ensure that all payment information is accurate and up-to-date.
6.7. In case if User decides to withdraw the purchase or make a return, the User shall send a request to MiCAExperts by email info@micaexperts.com. The request shall state at least User identification, date of purchase, product purchased, and brief description of the request subject. MiCAExperts will review the request and inform the User of the outcome.
6.8. Refunds are issued at the MiCAExperts’ discretion and in compliance with applicable consumer protection laws.
VII. LIMITATION OF LIABILITY
7.1. The User is fully responsible for the legitimacy of his/her actions performed using the Website. Any loss deriving from illegal, fraudulent acts, willful misconduct, or negligence of User shall remain the sole responsibility of such User.
7.2. MiCAExperts shall only be liable for intentional conduct causing damage to the User, in which case the User is entitled to reimbursement of any direct damages deriving from such behavior. MiCAExperts’ intent shall be established and proved by the decision of the competent authority, or court decision or shall be expressly recognized by MiCAExperts.
7.3. MiCAExperts are not liable for any direct, indirect, or consequential damages arising from the use or inability to use the Website or Product.
7.4. MiCAExperts total liability for any claim is limited to the amount paid by the User for the Product.
VIII. DATA PROTECTION AND PRIVACY
8.1. MiCAExperts collect and process personal data in accordance with the Privacy Policy. Users consent to the use of their data for the purposes described therein.
8.2. The Website may use cookies and similar technologies to enhance User experience and analyze Website usage.
IX. GOVERNING LAW AND DISPUTE RESOLUTION
9.1. These Terms are governed by the laws of Switzerland.
9.2. Any dispute or claim arising out of these Terms shall be first forwarded to resolution through negotiations between MiCAExperts and the User. The User must send a written notice to MiCAExperts by email at info@micaexperts.com. In such a notice User must indicate their name, surname, contact address, and description of circumstances.
9.3. If a dispute was not resolved by way of negotiations, the User should have the right to refer the dispute arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, to the resolution under the laws of Switzerland.
9.4. Any claim must be filed within one (1) year after the dispute arose; otherwise, the statute of limitations for this claim will be deemed expired for the User.
X. MISCELLANEOUS
10.1. If any provision or part of this Terms is held to be invalid, illegal, or unenforceable, the unlawful provision will be severed, and the remaining provisions will remain valid in full force and effect, provided that the material intent of this Terms is not altered.
10.2. MiCAExperts have the unilateral right to revise, supplement, or in any other way amend these Terms. The corresponding amendments come into force when the updated (modified) version of the Terms on the Website is published.
10.3. The User shall check the effective Terms regularly to timely familiarize himself/herself with the amendments made and is obliged to stop using the Website in case of disagreement with the updated version of the Terms.
10.4. These Terms constitute the entire agreement between the User and the MiCAExperts regarding the use of the Website.
10.5. In case of any questions, complaints or suggestions about the Terms, Website or Product User can write an email to info@micaexperts.com.