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    Legal notice

    Terms of use of the web site

    last updated on 16 March 2021

    These Terms of Use constitute a legally binding agreement between you, personally or on behalf of an entity ("you") and Allo-Declaration Suisse ("Company", "we", "us" or "our"), regarding your access to and use of the www.allo-declaration.com website and any other form of media, channel, mobile website or mobile application linked to or otherwise connected with it (collectively, the "Site"). You acknowledge that by accessing the Site, you have read, understood and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST LEAVE IMMEDIATELY.

    Any additional terms or documents that may be posted on the site are expressly incorporated into these terms. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the "last updated" date on these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to ensure that you are aware of any updates.

    The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within that jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    Persons under the age of 18 are not permitted to use or register on the site.

    Intellectual property rights

    Unless otherwise specified, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the "Content") and trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or authorized by us and are protected by copyright and trademark laws, intellectual property rights and unfair competition laws, international copyright laws and international conventions. The Content and Brands are provided on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

    Provided that you are authorised to use the Site, you are granted a limited licence to access and use the Site and to download or print one copy of any of the Content which you have properly accessed solely for your personal, non-commercial use. We reserve all rights that are expressly granted in the Site, the Content and the Marks.

    User representation

    By using the site, you represent and warrant that :

    (1) you have legal capacity and agree to abide by these Terms of Use;

    (2) you are not a minor in the jurisdiction in which you reside;

    (3) you will not access the site by any automated or non-human means, whether by bot, script or otherwise;

    (4) you will not use the Site for any illegal or unauthorised purpose;

    (5) your use of the site will not violate any applicable law or regulation.

    If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).

    Activities prohibited on the site

    You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial enterprise except those specifically approved by us.

    As a user of the Site, you agree not to:

    1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission

    2. deceive, defraud or mislead us and other users, especially in any attempt to learn sensitive account information, such as users' passwords.

    3. Bypass, disable or otherwise interfere with the security features of the Site, including features that prevent or restrict the use or copying of any Content or that impose limits on the use of the Site and/or the Content it contains.

    4. Disperse, tarnish or otherwise harm us and/or the Site.

    5. Use any information obtained from the Site to harass, abuse or harm another person.

    6. Misuse our support services or submit false reports of abuse or misconduct.

    7. Use the Site in a manner inconsistent with any applicable law or regulation.

    8. Use the Site to advertise or offer goods and services.

    9. Set up framing or linking to the site

    10. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other items, including spamming (continuous posting of repetitive text), that interfere with any party's use and enjoyment of the Site or that modify, alter, disrupt, impair or interfere with the use, features, functions, operation or maintenance of the Site

    11 . Implementing automated system actions, such as the use of scripts to send comments or messages, or the use of any data mining, robots or similar data collection and extraction tools.

    12. remove the copyright notice or other proprietary rights from any content.

    13. attempt to impersonate another user or person or use the username of another user.

    14. sell or otherwise transfer your profile.

    15 Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmitting mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms")

    16. Disrupt or create excessive load on the Site or networks or services connected to the Site.

    17. Harass, annoy, intimidate or threaten any of our employees or agents engaged in the provision of any part of the Site.

    18. Attempt to circumvent any measure of the Site designed to prevent or restrict access to the Site or any part of it.

    19. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript or other code.

    20. Decrypt, decompile or disassemble any software that makes up or in any way constitutes a part of the Site.

    21. Except as a result of using a standard Internet search engine or browser, use, launch, develop or distribute any automated system, including without limitation any robot or utility that accesses the Site, or use or launch any script or other unauthorised software.

    22 . use a purchasing agent to make purchases on the Site.

    23. make any unauthorized use of the Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.

    24. use the Site in any effort to compete with us or otherwise use the Site and/or the Content for any commercial or revenue generating enterprise.

    User contributions

    The Site may invite you to discuss, contribute to or participate in blogs, online forums and other features, and may provide you with the opportunity to create, submit, publish, post, transmit, perform, publish, distribute or disseminate content and materials to us or on the Site, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions or personal information or other materials (collectively, "Contributions").

    Contributions may be viewed by other users of the site and by third party websites. As such, any contribution you make may be treated as non-confidential and non-proprietary.

    When you create or make available contributions, you represent and warrant that:

    1. the creation, distribution, transmission, public display or performance, and the access, downloading or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights, of any third party

    2 You are the creator and owner of, or have the necessary licenses, rights, consents, permissions and authorizations to use and authorize us, the Site and other users of the Site to use your Contributions in the manner contemplated by the Site and these Terms of Use.

    3 You have the written consent, authorisation and/or permission of each individual identifiable person in your Contributions to use the name or likeness of each individual identifiable person to enable inclusion and use of your Contributions in the manner contemplated by the Site and these Terms of Use.

    4 Your contributions are not false, inaccurate or misleading.

    5. Your contributions are not unsolicited or unauthorised advertising, promotional material, pyramid schemes, spam, mass mailings or other forms of solicitation.

    6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory or otherwise objectionable.

    7.  Your contributions do not ridicule, mock, denigrate, intimidate or abuse anyone.

    8. Your contributions are not used to harass or threaten (in the legal sense of these terms) any other person and to promote violence against a specific person or class of persons.

    9. Your contributions do not violate any law or regulation.

    10. Your contributions do not violate the privacy or publicity rights of any third party.

    11. Your contributions do not contain any material that solicits personal information from persons under the age of 18 or that exploits persons under the age of 18 in a sexual or violent manner.

    12. Your contributions do not violate any applicable laws regarding child pornography or the health or welfare of minors.

    13. Your contributions do not include any offensive comments related to race, national origin, gender, sexual preference or physical disability.

    Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

    Contribution licence

    By posting your Contributions on any part of the Site, you automatically grant us, and you represent and warrant that you have the right to grant us, an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Contributions (including without limitation your image and voice) for any purpose, commercial, advertising or otherwise, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of such contributions or incorporate them into other works, and to grant and authorise sub-licences of the foregoing

    This license will apply to any form, media or technology now known or hereafter developed, and includes the use of your name, company name and franchise name, if any, as well as any trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your contributions and warrant that such rights have not been otherwise asserted in your contributions. You retain full ownership of all your contributions and all intellectual property or other proprietary rights associated with your contributions.

    We are not responsible for any statements or representations contained in your contributions that you provide in any area of the site. You are solely responsible for your contributions to the site and you expressly agree to hold us harmless and to refrain from taking any legal action against us in relation to your contributions.  We have the right, in our sole and absolute discretion, to (1) edit, redact or otherwise modify any Submission; (2) reclassify any Submission to more appropriate locations on the Site; and (3) pre-screen or remove any Submission at any time and for any reason, without notice. We have no obligation to monitor your Submissions.

    Submissions

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") that you provide to us are non-confidential and become our exclusive property. We own exclusive rights, including all intellectual property rights, and shall have the right to unrestricted use and dissemination of such Submissions for any lawful, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions, and you hereby warrant that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

    Website and third party content

    The Site may contain links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software and other content or materials owned or sourced by third parties ("Third Party Content"). These Third Party Websites and their content are not investigated, monitored or checked by us for accuracy, appropriateness or completeness, and we are not responsible for any Third Party Websites accessible through the Site or any Third Party Content posted, available or installed on the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content.

    The inclusion, linking to or permission to use or install any third party website or third party content does not imply approval or endorsement by us. If you decide to leave the Site and access any third party websites or use or install any third party content, you do so at your own risk and you should be aware that these Terms of Use no longer apply.

    You should review the legal disclaimer, including privacy and data collection practices, of any website you navigate to or regarding any application you use or install from the site. Any purchases you make through third party websites will be made through other websites and with other companies, and we assume no responsibility whatsoever for such purchases which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on the third party websites and you release us from any liability for damages caused by your purchase of such products or services. In addition, you release us from any liability for any loss or damage suffered by you in connection with or arising in any way from any third party content or any contact with third party websites.

    Website management

    We reserve the right, but not the obligation: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including without limitation (3) in our sole discretion and without limitation, denying, restricting access to, limiting the availability of, or disabling (to the extent technically feasible) any of the following your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the site or otherwise disable any files and content that are excessive in size or burdensome to our systems.

    Data privacy

    We care about privacy and data security. By using the site, you agree to be bound by our privacy policy posted on the site, which is incorporated into these terms of use. Please note that the Site is hosted in Switzerland. If you access the Site from any other part of the world where the laws or other requirements governing the collection, use or disclosure of personal data differ from the laws applicable in Switzerland, then by continuing to use the Site you are transferring your data to Switzerland and you consent to the transfer and processing of your data in Switzerland.

    Respect of copyright

    We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright you own or control, please notify us immediately using the contact details provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material referred to in the Notification.

    Duration and cancellation

    WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME,
    WITHOUT WARNING, AT OUR SOLE DISCRETION.

    You may not create a new account in your name, under a false or assumed name, or under the name of any third party, even if you are acting on behalf of that third party. We reserve the right to take appropriate legal action, including, but not limited to, civil and criminal prosecution.

    Changes and interruptions to the service

    We reserve the right to change, modify or delete the content of the site at any time or for any reason, at our sole discretion and without notice. However, we have no obligation to update the information on our site. We also reserve the right to change or discontinue all or part of the site at any time without notice.

    We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.  We cannot guarantee that the site will be available at all times. We may experience hardware, software, or other problems or the need to perform maintenance related to the site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time or for any reason without notice to you. You agree that we shall have no liability for any loss, damage or inconvenience caused by your inability to access or use the Site during any period of inactivity or interruption of the Site. Nothing in these terms of use shall be construed as obliging us to maintain and support the site or to provide any corrections, updates or releases thereto.

    Applicable law and jurisdiction

    These terms and conditions are governed by and construed in accordance with Swiss law, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you have your usual place of residence in the EU and are a consumer, you are also protected by the mandatory provisions of the law of your country of residence.

    You and EXPERFID & AUDIT SA agree to submit to the non-exclusive jurisdiction of the courts of Geneva, which means that you can assert your consumer protection rights with respect to these terms of use in Switzerland.

    Corrections

    There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the site at any time without notice.

    Miscellaneous

    These Terms of Use and any policies or operating rules that we post on or in connection with the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. These terms of use apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time.

    If any provision or part of a provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these terms of use or use of the site. You agree that these terms of use shall not be construed against us by reason of their construction. You hereby waive any defence you may have based on the electronic form of these terms of use and the lack of signature by the parties hereto to enforce these terms of use.

    Contact

    To resolve a complaint about the site or to receive more information about using the site, please contact us at

    EXPERTFID & AUDIT SA
    7, rue De-Grenus Genève
    Geneva 1201
    Switzerland
    +41 22 731 00 03
    info@allo-declaration.com

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