Last updated 01.01.2022
This Agreement consists of 11 sections, each of which can be accessed directly by clicking on the relevant link. The section headings below are for reference only and do not limit the scope of each section. There are also terms throughout this Agreement that are hyperlinks to related information.
Go directly to one of the sections:
Welcome to Firstoff (the "Web App"). Firstoff SNC ("Firstoff") operates the Web App as a service to its visitors and users ("User(s)") subject to these terms of use ("Terms of Use").
By using any service of the Web App, Users shall be subject to any guidelines, rules and/or conditions applicable to the service and published from time to time on the Web App.
Should there be any discrepancy between the provisions of these Terms of Use and any other guidelines, rules and/or conditions published from time to time on the Web App, the latter shall prevail.
Firstoff reserves the right to modify the Terms of Use from time to time in its sole discretion. It is the responsibility of the Users to periodically review the Terms of Use.
The Terms of Use apply to all content on the Web App. Please read these Terms of Use before using the Web App. By accessing the Web App and/or its components, the User indicates that he/she understands and accepts the Terms of Use, including any changes thereto, whether or not the User chooses to register within the Web App or otherwise submit data, information or other content to Firstoff.
If the User does not agree to the Terms of Use, including any future additions and/or amendments thereto, the User is not allowed to access and/or use the Website and/or the Mobile App and shall therefore immediately stop using the Web App.
In general, Users can access and navigate the to the Web App without registering their data with Firstoff. In some cases, or in order to allow access to certain sections of the Web App, Firstoff will ask for a registration with personal information so that Users can participate in the relevant services, activities or functions on the Web App.
If Firstoff requests registration, the Users declare the following and warrant that: (a) they are at least 18 years of age respectively of the age of majority of the state in which they reside, respectively if under the age of majority, they have the consent of their parent or legal guardian to register and use the Website; (b) they are registering on their own behalf; (c) the information they provide is true's, complete and accurate; and (d) they comply with these Terms of Use. Users agree to update their registration information in order to ensure that Firstoff always has current, true and complete information.
Firstoff shall not be liable in any way if for any reason all or part of the Web App is and/or should be unavailable at any time and/or period. In particular, but without limiting the foregoing, access to all or part of the Web App may be interrupted or suspended temporarily and without notice in case of maintenance or repair of the system, or for other reasons, at Firstoff's absolute discretion.
Users' access to the Web App, including the activity of each individual User, may be recorded by Firstoff. Firstoff shall be entitled to use such recordings, in particular but not exclusively for statistical evaluations respectively for sending specific communications to the Users (e.g. promotional activities or reminders).
After acceptance of a User's registration, Firstoff shall provide the User with a User Name and a corresponding Password.
Users are responsible for maintaining the confidentiality of their User Name and Password. Users agree to notify Firstoff ([email protected]) immediately upon becoming aware of any breach of confidentiality of a User Name and related Password or any other breach of security through User accounts.
By using the Web App, Users acknowledge that Firstoff shall in to no extent be liable for any content, including but not limited to any errors or omissions in any respect, or for any loss and/or damage of any kind incurred through the use of any content.
Users are allowed to view, download and/or print content from the Web App only under the following conditions: (a) the content can and is only used for informational purposes and for User's private and personal, non-commercial use; (b) the content cannot and is not modified, adapted or altered in any way; and (c) User does not acquire any ownership rights to any content on the Web App. Any unauthorized use constitutes a violation by Users of the Terms of Use and automatically results in the revocation of the permission granted by Firstoff to use the Web App. App.
Users are prohibited from copying, storing, modifying, adapting, publishing, distributing by any means (including but not limited to any peer-to-pe means), reproducing works from the Web App, or otherwise using the content of the Web Page for purposes other than those expressly permitted by the Terms of Use.
The Web App is accessible from countries all over the world and may contain references to content and services that may not be available in Users' specific country.
If Users send information, content and/or other contributions in any form to the Web App and/or Firstoff, especially but not exclusively by e-mail, regular mail or otherwise ("Contribution(s)"), Users because of such contributions are solely responsible for them and in any case for the possible consequences of their publication. Fir, therefore, does not want to receive confidential and/or proprietary information from third parties, therefore any Contribution sent to Firstoff via the Web App shall be considered non-confidential and non-proprietary.
Users acknowledge and agree that by submissions to the Web App they grant Firstoff a worldwide, permanent, royalty-free, non-exclusive, sublicensable and transferable right and license to use, reproduce, modify, copy, perform, distribute and/or incorporate the Submission free of because for any commercial and/or non-commercial purpose in any and all media known or hereinafter developed. Furthermore, by submitting any Contribution to the Web App, Users confirm, warrant and undertake that such Contribution does not violate any laws and/or intellectual property rights and/or other proprietary rights of third parties.
Firstoff reserves the right to remove - at its sole discretion - any Contribution posted by Users. Firstoff is in no event obligated to publish and/or maintain Contributions on the Web App.
Users agree to comply with the general principles of conduct on the web commonly known as "netiquette".
Users undertake to use the Web App only for lawful purposes and in a manner that does not violate the rights and/or restrictions and/or inhibit the use and good enjoyment of the Web App by Firstoff and/or other Users and/or third parties. Such violations, restrictions and/or inhibitions include, in particular but not exclusively, unlawful conduct and/or conduct that may impair and/or cause discomfort and/or disturbance and/or harm to any to any person, as well as the transmission of obscenities, defamations, insults and/or content exceeding the normal and to a reasonable level of dialogue within the Web App.
Without prejudice to the generality of the foregoing provision, Users are prohibited from submitting or transmitting (whether intentionally or unintentionally) to or from the Web App Submissions: (a) that are threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, inciting racial hatred, discriminatory, scandalous, profane, in breach of confidentiality, in breach of privacy, or in a manner likely to cause's nuisance or discomfort; (b) for which Users have not obtained all necessary licenses and/or approvals; (c) which constitute or encourage conduct that could be considered a criminal offence, give rise to civil liability, or otherwise be contrary to law or related to the infringement of the rights of third parties anywhere in the world; and/or (d) which are or may be technically harmful, namely but in particular any content that contains because of, or consists of, computer viruses, spyware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other dangerous or components of malicious software.
Firstoff reserves the right to restrict or terminate Users' access to the Web App at any time without notice if Firstoff believes that they have violated these Terms of Use. Firstoff shall in no event be liable for any direct and/or indirect damages, in particular but not limited to damages for loss of earnings, or other intangible losses or other damages or losses whatsoever arising in any way from or in connection with the Contributions.
Links from the Web App: Links to third party websites on the Web App are provided solely as a convenience to Users.
Links to the Web App: Links from third party websites to the Web App can be created through text-only links (i.e. without logos) and as long as they do not create an association with a third party brand, product or service. For other types of links to the Web App, Users must obtain express written permission from Firstoff.
Framing: Firstoff expressly prohibits link-frames, which allow the Web App and / or a to's it's to to appear on a specific page of another website's website and in addition to this effect the content of the to'it's section is displayed in a frame generated for this purpose.
All intellectual property rights, namely but not exclusively, copyrights and trademarks, in the Web App and its content are owned by or licensed to Firstoff, or otherwise used by Firstoff as permitted by applicable law. All content (including, but not limited to, videos, images, audio clips, sounds and any combination thereof) used in the Web App (i) is owned by or licensed to Firstoff, (ii) is protected by worldwide copyright laws, and (iii) may be used by Users only in accordance with these Terms of Use.
Firstoff's names, trademarks and logos, including any related and/or referenced trademarks whether registered or unregistered (the "Firstoff Trademark(s)") are and shall remain the exclusive property of Firstoff and are protected by applicable trademark laws throughout the world. The use or misuse of the Firstoff Trademarks or any content, including but not limited to the use of the domain or any part of the domain, is expressly prohibited except as expressly permitted in the Terms of Use, and nothing expressed or inferred in the Web App confers on Users any license or right to any patent, copyright, trademark, design right or any other right of a similar nature.
Users are prohibited from using any Firstoff Trademarks in any top-level domain name.
Users acknowledge that some pages and/or sections of the Web App may contain third party trademarks, domain names and other intellectual property rights which are also protected under intellectual property laws.
Firstoff may, at its sole discretion, restrict or terminate Users' access to the Web App and/or terminate the accounts of Users involved in IPR disputes and remove or disable such Users' access to the Web App.
All information, data, documents, graphics on the Web App are provided for general information purposes only and no warranty (including against third parties), express or implied, is made as to their accuracy, reliability or completeness. Firstoff shall in no event be liable for any reason whatsoever, in particular but not exclusively, for the absence of certain premises or events on the Web App. Firstoff reserves the right to make, at any time and without notice, corrections and / or changes to the data published on the Web App and can not under any circumstances be held liable for lack of completeness, accuracy and timeliness of the information, data, documents, graphics provided and / or Contributions.
Firstoff does not control and is not responsible for the accuracy or accessibility of information, content or services provided by Users and/or third-party websites.
The use of the Web App, and of all pages, sections and/or content downloaded or otherwise obtained through the Web App, is at Users' sole risk. The User is solely responsible for any damage to his computer system or other device with which the User accesses the Web App, as well as for any loss of data resulting from the download or use of such content.
Firstoff makes no warranty that the Web App respectively services, functions and content present and/or provided on the Web App will be uninterrupted, that any defects will be remedied or that the Web App or the server that makes it available are free of viruses, bugs, spyware or similar elements.
In no event shall Firstoff be liable for any direct and/or indirect damages, especially but not limited to damages for loss of earnings, or other intangible losses or other damages or losses whatsoever arising in any way from or in connection with, the use of or inability to use the Web App and/or from or in connection with any information, data or content on and/or obtained from the Web App.
As a condition for accessing and using the Web App, Users such as licensees, licensors, shareholders, officers, agents, employees and other partners, expressly agree to indemnify and hold Firstoff harmless, from and against any and all liability, loss, damage, claims, penalties, fines, costs, premiums and expenses (notably but not exclusively legal fees) arising out of and / or in connection with the use of the Web App.
If Users violate any provision of the Terms of Use, Firstoff shall automatically have the right to restrict or terminate Users' access to the Web App.
Firstoff reserves the right at any time, in its sole discretion and without prior notice to Users, to terminate their account, User Name and Password and/or their use of the as a whole or in part of the Web App, for any reason whatsoever, including but not limited to, for lack of use or if Firstoff believes that Users have violated or otherwise failed to comply with any provision of the Terms of Use.
By using the Web App, Users acknowledge and accept that Internet transmissions are never completely private and/or secure. Therefore, even if Firstoff will adopt all commercially acceptable means, Users have knowingly acknowledged that any content they send to the Web App, in particular but not exclusively Cookies, usage data, personal data, date of birth, profile photo, telephone number, e-mail address, geolocation… ("Data"), can be read or intercepted by others, even if there is a specific indication that a particular transmission (for example concerning the credit card) is encrypted. The User Data is collected to allow Firstoff to provide the Service, comply with legal obligations, respond to requests or enforcement actions, protect its rights and interests (or those of Users or third parties), identify any malicious activity or fraudulent, as well as for the following purposes: contacting Firstoff or other Users within the Web App; contact management for sending messages within the Web App or via Mailing list or newsletter; carry out statistical analyzes to keep track of User behavior (see chapter 4 of this section).
Firstoff will take all steps reasonably necessary to ensure that Data is treated securely and in accordance with these Terms of Use and no transfer of Data will be made to an organization or country unless adequate Data controls are in place. For more information, please contact Firstoff directly.
Firstoff may disclose Data in good faith, believing that such action is necessary to comply with a legal obligation, protect and defend Firstoff's rights or property, prevent or investigate possible wrongdoing in relation to Firstoff, protect the personal safety of Firstoff Users. Furthermore, Firstoff may share the collected statistical data with third parties; in this case Firstoff guarantees the total anonymization of the same (i.e. in particular, but not exclusively, by means of a procedure for the concealment of Personal Data).
Statistical data is collected through Google Analytics with anonymized IP (Google Ireland Limited). Google Analytics is a web analytics service provided by Google Ireland Limited ("Google"). Google uses the Personal Data collected for the purpose of tracking and examining the use of Firstoff, compiling reports and sharing them with other services developed by Google. Google may use the Personal Data to contextualize and personalize the advertisements of its own advertising network. This integration of Google Analytics makes the User's IP address anonymous. Anonymization works by shortening the IP address of the Users within the borders of the member states of the European Union or in other countries adhering to the agreement on the European Economic Area. Only in exceptional cases, the IP address will be sent to Google's servers and shortened within the United States Privacy Policy – Opt Out.
Geolocation data is collected through the GeoJS system, an open format used to store a collection of spatial geometries Privacy Policy – Opt Out.
Users have the right to: withdraw consent to the processing of their Data previously expressed; oppose the processing of their Data when it occurs on a legal basis other than consent; access their Data; verify the correctness of their Data and request its updating or correction; request the limitation of the processing of their Data, in which case Firstoff will not process the Data for any other purpose other than their conservation; propose a complaint to the competent Personal Data protection supervisory authority or take legal action; request the removal of their Data by Firstoff. Upon deletion of an User account, all Personal Data are automatically deleted. To delete an account, access the profile by clicking on "edit profile", then click on "settings" and confirm the deletion of the account.
The Data are processed and stored for the time required by the purposes for which they were collected. Therefore:
- Data collected for purposes related to the execution of a contract between Firstoff and the User will be retained until the execution of this contract is completed.
- Data collected for purposes attributable to Firstoff's legitimate interest will be retained until this interest is satisfied. The User can obtain further information regarding the legitimate interest pursued by Firstoff by contacting Firstoff.
When the processing is based on the User's consent, Firstoff may keep the Data longer until such consent is revoked. Furthermore, Firstoff may be obliged to keep the Data for a longer period in compliance with a legal obligation or by order of an authority. At the end of the retention period, the Data will be deleted. Therefore, at the end of this term the right of access, cancellation, rectification and the right to Data portability can no longer be exercised.
Any and all disputes arising out of or in connection with these Terms of Use and all related aspects and/or matters shall be subject to Swiss law, excluding conflict of laws rules, and shall be settled by the competent court of Lugano.