GENERAL TERMS OF USE FOR THE PERFORMANCE WATCHER AND ALL ITS RELATED SERVICES.
THIS AGREEMENT BETWEEN YOU AND IBO GOVERN YOUR USE OF THIS WEBSITE AND ALL SERVICES WHICH ARE ATTACHED (THE "WEBSITE"). IF YOU AGREE TO THESE TERMS, CLICK "ACCEPT". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ON "ACCEPT" AND DO NOT USE THE IBO SITE OR PRODUCTS OR SERVICES.
IMPORTANT INFORMATION REGARDING INVESTMENTS
IBO is not an investment advisor, but a performance analyst. IBO cannot be held responsible for investments made or not by all third parties. IBO services do not consist of particular advices concerning investments, but consist of a comparison of overall investment results according to the methods described on the Website.
The Website is not an offer to contract investment services, but exists only to give objective information as explained on the Website about the performance. It is intended for all users in Switzerland. Users abroad must first ensure that the use of services offered is consistent with their domestic national law. Should a doubt subsist, it is advised to get expert legal opinion on the matter or to simply refrain using any of the services offered by the Website.
REQUIREMENTS FOR USE OF THE SERVICE
This service is available only to people capable of discernment, but at least aged 18 or more.
Use of the Service requires compatible hardware, as well as internet access, and particular software (some of which may be provided against fees) and may require, from time to time, updating, and the Service may be affected by the performance of any or all of these various factors.
YOUR ACCOUNT
As a registered user of the Service, you can create an account (" Account"). You should not reveal to anyone the information relating to your Account. You are solely responsible for the confidentiality and security of your account and all transactions on your account or through it, and you agree to immediately notify IBO of any security breach of your Account. IBO cannot be held responsible for any loss or damage arising from unauthorized use of your Account.
To use the Products or Services on the Website, you must register your ID and password. IBO does not keep and does not pass on your data to any other service or product seller.
You should keep your login information securely to prevent any third party obtaining it at any time. You can use fictitious names to remain anonymous even vis-à-vis IBO and the Website.
Thus, IBO and the Website do not know where you live and makes you aware of your national legislation on the use of services and products offered by the Website. In no way IBO or the Website can be held liable for an offense under a law outside the applicable laws in Switzerland.
PAYMENTS, TAXES AND REFUND POLICY
Products or Services offered by the Website are free of charge, you have no obligation to pay anything.
PRIVACY
The information transmitted to the Website is confidential and is not passed on to any third party, except on court request or requested by a governmental authority. You can give your consent to disclose your information. In this case, it is no longer confidential.
IBO agrees to comply with the rules of the law on data protection and any application of this law.
You can register using a pseudonym.
Your data may be used anonymously for statistical purposes or for compiling statistical data.
Your data may be processed through Cookies, for example to define your user profile.
AVAILABILITY OF CONTENTS
IBO reserves itself the right to modify without notice any of the Website content (including access to specific functionalities).
USE OF THE CONTENT MADE AVAILABLE FREE OF CHARGE
You agree that the Products or Services on the Website are granted to you under the form of license. You understand that the Services and certain Products of the Website may include a security framework using technology that protects digital information and limits your usage of Products to certain Website Terms of Use (" Security Device ") established by the website or IBO and its licensors. You further agree that your use of the Products and Services of the Website, whether or not protected by a security technology is limited to certain usage rules established by IBO and its licensors (" Usage Rules ") and any other use of the Products or Services of the Website may violate copyright laws. Any security technology is an inseparable part of the Products and Services on the Website. IBO reserves itself the right to modify at any time the Rules of Use.
RULES OF USE
(i) You are authorized to use the Products or Services of the Website solely for personal and noncommercial use.
(ii) You are only authorized to use the Products or Services of the Website if you are also indicating their source as coming from the Website and you remain solely responsible for the use of the information provided by the Website.
(iii) The content and offering of the Website may be withdrawn at any time. No damage of any kind can be claimed by you or any third party.
SECURITY CONTENT
You agree not to violate, circumvent, modify, reverse engineer, decompile, disassemble or alter in any way any part of the Security Device or attempt or assist another person to do so.
MATERIALS FROM THIRD PARTIES
Certain content, Products or Services available through the Website may include materials from third parties. IBO may provide links to websites of third parties for convenience. You acknowledge and agree that IBO is not responsible for examining and evaluating the content or accuracy and IBO does not warrant or incur any liability for material or Websites of third parties, or other materials, products or third party services and disclaims any liability in this regard. You agree not to use any material from third parties that infringe or violate the rights of any other person and you agree that IBO shall in no case be responsible for such use.
INTELLECTUAL PROPERTY
You agree that the Products or Services, including, in particular, graphics, user interface, audio and video clips, and editorial content, and the scripts and software used to implement the Products or Services, contains information and material that is owned by IBO and / or its licensors and are protected by laws relating to intellectual property and others, including, without limitation copyright. You agree to use such information or materials only in connection with the use of the Products or Services in accordance with this Agreement. No part of the Service may be reproduced in any form or by any means whatsoever, except to the extent expressly set forth herein. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works of the Product or Service in any manner whatsoever and you shall not exploit the Product or Service in any unauthorized manner, including but not limited to, by harming or burdening network capacity.
Notwithstanding any other provision of this Agreement, IBO and its licensors reserve themselves the right to change, suspend, remove, or disable access to any Products or Services, Content or other material which are offered by the Website without notice. IBO will in no way be responsible for these changes. IBO may also impose limits on the use of or access to certain features or portions of the Service, in all cases and without notice or liability.
All copyrights relating to the Products or Services, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources are the property of IBO and / or its licensors. The use of any part of the Products or Services, except for the use of the Products or Services as permitted herein, is strictly prohibited and constitutes an infringement of intellectual property rights of third parties and may subject you to civil and criminal penalties, including damages for breach of copyright laws.
All logos on the Website and other trademarks, service marks, graphics and logos IBO used in connection with the Products or Services are registered trademarks or trademarks of IBO. All other trademarks, service marks, graphics and logos used in connection with the Products or Services may be trademarks of their respective owners. You are not granted any right or license on the above mentioned brands, nor on their respective use.
TERMINATION
In case of failure on your part, or if IBO has reasonable grounds to believe that you have breached any provision of this Agreement, IBO may, in its sole discretion and without notice: (i) terminate this Agreement and / or your Account, and / or (ii) terminate the license of the software, and / or (iii) your access to all or part of the Products or Services.
IBO reserves itself the right to modify, suspend or discontinue the Services (or any part or content of the Products or Services) at any time, without the possibility for you or any third party to hold IBO responsible as a result. To the extent possible, IBO will inform you in advance for any modification, suspension or termination of Services.
DISCLAIMER ON WARRANTIES, LIMITATION OF LIABILITY
a. IBO will provide the Service with diligence and in compliance with best practices. IBO gives no other commitment or any other warranty on the Products or Services and, in particular, does not garanty that :
(i) your use of the Service will be uninterrupted or error-free. You agree that IBO occasionally suspends access to the Products or Services for periods not predefined, or cease at any time Services for technical or operational reasons; whenever possible, IBO will try to inform you beforehand.
(ii) the Services will be free from loss, damage, attack, viruses, interference, hacking, or other security breaches that constitute Force Majeure events and IBO assumes no responsibility for any adverse consequences resulting therefrom. You are responsible for backing up your own system.
b. Except as specified in paragraph (d) below or if you are exercising a right to reimbursement or compensation which is given to you by law, IBO, its directors, officers, employees, affiliates, agents, contractors or licensors shall in no event be liable for any loss or damage caused by IBO, its employees or agents where:
(i) there is no breach of a legal duty of care towards you from IBO or its employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of such breach;
(iii) any aggravation of such loss or damage results from a breach caused by you of any kind to any provision of this Agreement;
(iv) the loss or damage resulted from the decision by IBO, during the investigation of a suspected violation of this Agreement or after the finding by IBO that a violation of this Agreement has occurred, delete or refuse to process information or content, to warn you, to suspend or terminate your access to the Service or take any other action, or
(v) the loss or damage results from a loss of income, business or profits or loss or corruption of data in connection with your use of the Service.
c. IBO shall implement reasonable measures to protect the information that you provide in connection with the Services, including against unauthorized use.
d. Nothing in this Agreement shall exclude nor limit the liability of IBO in case of gross negligence, willful misconduct, fraud, death or personal injury.
e. If you breach this Agreement, you will be liable to IBO, its directors, officers, employees, affiliates, agents, contractors or licensors for any claim resulting from your breach. You will also be held responsible for any action taken by IBO as part of an investigation into an alleged breach of this Agreement or arising from the discovery or the conclusion that a violation of this Agreement has occurred.
CHANGES
IBO retains the right at any time to modify this Agreement and to impose new or additional requirements relating to your use of the Products or Services. Such modifications and additional terms and conditions will be provided and, if you agree, will be effective immediately and incorporated into this Agreement. If you refuse to accept these changes, IBO may terminate the Contract.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and IBO and governs your use of the Products or Services, superseding any prior agreements between you and IBO to this particular site, but not for other contractual relationships existing and not on this Website. If any provision of this Agreement is held invalid or unenforceable, that provision will be construed in accordance with applicable law to reflect as close as possible, the original intentions of the parties, and the remaining provisions shall remain in force. The fact that IBO does not enforce a right or provision under this Agreement shall not constitute a waiver of such provision or any other provision. IBO will not be held responsible for failures to fulfill any obligations due to causes beyond its control.
Services are published by IBO from Switzerland. You agree to comply with all laws, ordinances, regulations and local, state, federal and state applicable to your use of the Services. This Agreement and use of the Services shall be governed by Swiss law to the express exclusion of any other law.
IBO may send you notices regarding the Service by email at the address specified in your account, by a letter via postal mail to the address listed in your account or by posting on the Services. Notices shall become effective immediately.
IBO retains the right to take any measures it deems reasonably necessary or appropriate to enforce and / or verify compliance with any part of this Agreement. You acknowledge that IBO has the right, without being held liable to you, to disclose any Registration Data and / or Account information to law authorities, government officials or judicial authorities.
IBO SA is a Swiss private company, registered in the Registre du Commerce of the Canton of Vaud under number CH- 550.1.058.455 -1 and resides in Morges