Terms and conditions

TERMS AND CONDITIONS
 

https://nexion-consulting.ch ("we" or "https://nexion-consulting.ch") is owned and operated by Nexion Consulting Sàrl in Switzerland. We provide and maintain an Internet Web site (the "Site") for the benefit of users of our services ("you" or "User"). On our Site we provide hosted tools and processes to allow you to attempt evidence-based surveys and to obtain survey results, and use related services ("Services").

 

The Services and use of the Site are subject to the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Agreement") and our Privacy Policy, and any other rules and policies set forth on this Site. The terms and conditions below and any other rules or policies set forth on this Site comprise the entire agreement between you and Nexion Consulting Sàrl and supersede all prior agreements between us.

 

1. ACKNOWLEDGMENT AND ACCEPTANCE.

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.  

 

2. USER RESPONSIBILITIES.

These Terms of Use give you important obligations. You agree to the following responsibilities:

 

  • Compliance with our Anti-Spam policy. Please see Section 7 below.
  • Lawful use of the Services only. Please see Section 8 below.
  • Creation and maintenance of all content in the account including but not limited to survey content, email content, address books and current billing and contact information.
  • Email list and Address Book maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email lists and the address book.
  • Payment of all agreed fees.
  • Full responsibility for all activity associated with your use of our Site and Services.
  • Compliance with all other obligations set forth in these Terms of Use. 

We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. Nexion Consulting is not responsible for your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. We are not responsible for the deletion of any data that is in or has been added. If a User account remains inactive for a period of 12 months, we will deactivate the account.

 

3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.

You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site. Further, we may modify these Terms of Use from time to time, including the fees we charge for Services. Modifications of the Service may include, without limitation, changes in the number of entries allowed in the Email List Manager, number of survey respondents, number of surveys, and number of survey questions that may be created, saved, sent or used through the Site.

 

We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your subscription or other use at that time. Your use of the Site or the Services after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

4. PAYMENT TERMS.
You agree to pay all charges to your account, including any applicable taxes, at the rates in effect when the charges are incurred. We may change the fees and charges then in effect, or add new fees or charges, by giving Users advance notice.


5. REGISTRATION & PASSWORD.
You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.


https://nexion-consulting.ch is a single user service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.

6a. PRIVACY.
We are committed to protecting the privacy and confidential information of Users. For more information on our Privacy Policy, please click here. You agree to maintain and comply with a privacy policy that is consistent with the https://nexion-consulting.ch Privacy Policy. You are responsible for all decisions with respect to the personally identifiable information of persons that respond to your surveys or to whom you send surveys.

6b. CONFIDENTIALITY.
We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement and for research purposes. We agree not to disclose any of your Confidential Information to any third party other than to our employees, consultants and scientific advisors who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services.

7. ANTI-SPAM POLICY.
https://nexion-consulting.ch, a leading Web-based application for research and feedback, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient's email box and waste the recipient's time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like www.nexion-consulting.ch, and Users, like you.

To help recipients be free from spam, and to maximize the availability of our Services to our community of Users, we have taken a "zero tolerance" stand against spam. You acknowledge, warrant and agree that:


 

  • You will not engage in any spamming activities in your use of the Services.
  • You understand that https://nexion-consulting.ch is not the sender of any survey, and that you are therefore solely responsible for your  emailing activities using the Services.
  • You warrant that you either have an ongoing business or personal relationship with or have obtained consents to send emails inviting participation in a survey to the persons on your own email list and on any lists you have acquired from a third party.
  • Your use of the Site and Services will not violate any Swiss or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
  • If you engage in any unlawful spamming activity, www.nexion-consulting.ch will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement persons or entities.
  • We may request at any time that you provide proof that your email recipients have agreed to receive emails from you.

8. OTHER PROHIBITED USES.

You acknowledge, warrant and agree that:
 

  • You will not transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
  • You will not send any transmission that attempts to hide your identity or represents you as someone else.
  • Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
  • You will not interfere or disrupt networks connected to the Service and the Site.
  • Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for https://nexion-consulting.ch, is strictly prohibited.
If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms of Use, your account will be terminated and use of the Service and Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, HTTPS://NEXION-CONSULTING.CH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. HTTPS://NEXION-CONSULTING.CH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

HTTPS://NEXION-CONSULTING.CH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES. WWW.NEXION-CONSULTING.CH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO WWW.NEXION-CONSULTING.CH NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. WWW.NEXION-CONSULTING.CH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. WWW.NEXION-CONSULTING.CH IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE

HTTPS://NEXION-CONSULTING.CH MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES HTTPS://NEXION-CONSULTING.CH MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

 

10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER HTTPS://NEXION-CONSULTING.CH NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.

11a. PROPRIETARY RIGHTS.
https://nexion-consulting.ch owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by https://nexion-consulting.ch. It is all protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. You are permitted the limited license to use the content of the Service and the Site as authorized herein to attempt surveys and view survey responses and survey results for your personal use as an end product only. While your account is active, you will have the right to access your surveys, and you assume the entire risk of disclosing such content to third parties. Modification or use of www.nexion-consulting.ch's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, you warrant that you have the right and authority to do so.

12. TERMINATION.
These Terms of Use and the Service may be terminated by https://nexion-consulting.ch at any time. https://nexion-consulting.ch shall not be liable to you or any third party in any manner for termination of the Service. In the event you should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the Service and the Site cease immediately and https://nexion-consulting.ch shall have no obligation whatsoever to retain, forward or make available to you any surveys, survey responses or survey results.

13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless https://nexion-consulting.ch, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys' fees, due to or arising from your use of the Site or the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

14. JURISDICTION.
These Terms of Use and the relationship between you and https://nexion-consulting.ch shall be treated in according with the United Nations Convention on Contracts for the International Sale of Goods. www.nexion-consulting.ch makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.

15. NATURE OF AGREEMENT.
You agree that your completion of the registration procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between you and https://nexion-consulting.ch and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that you may provide to us in respect of the Site or Services. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms of Use.