Legal notice

Please read these terms and conditions (the “General Terms and Conditions”) carefully before using this Website.

What is in these terms?

These terms tell you the rules for using our website (the “Website”).

Who we are and contact details

“aemdatwork.com” is a Website operated and developed by AEMD SARL (“AEMD”) referred to herein as “we or “us”. We are registered in Switzerland under company number CH-626.4.013.031-5 and have our registered office at rue du pas-de-l’ours 5, 3963 Crans Montana.

To contact us, please email info@aemd-group.com.

By using our website you accept these terms

By using our Website, the user (hereinafter referred to as the “User” or “you”) confirm that they accept these terms of use and that they agree to comply with them. If you do agree to these terms, you must not use our Website. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Website:

• Our Privacy Policy; and
• Our Cookie Policy, which sets out information about the cookies on our Website.

If you purchase goods or services from our Website, our terms and conditions of supply will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in June 2022 when we launched our Website in the United Kingdom.

We may make changes to our website

We may update and change our Website from time to time to reflect changes to our products, our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your User identification code or password, you must promptly notify us at info@aemd-group.com.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is User-generated).

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

This Website, its content and any services provided in relation to the same is intended for use by, individuals located in the United Kingdom (the “Permitted Territory”). By continuing to access, view or make use of this Website and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of this Website and any related content and services.

Do not rely on information on this website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them.

We have no control over the contents of those Websites or resources.

User-generated content is not approved by us

This Website may include information and materials uploaded by other Users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Website do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other Users, please contact us on info@aemd-group.com.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business User:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.

If you are a business User:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer User:

• Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any Website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact info@aemd-group.com.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Swiss law in the Wallis canton. You and we both agree that the courts of Wallis canton will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Swiss law in the Wallis canton. We both agree to the exclusive jurisdiction of the courts of Wallis canton.

Intellectual property

1. Website

The general structure as well as each of the elements composing the Website (texts, animated or fixed images, sounds, graphics, downloadable documents, databases) are, unless otherwise specified, subject to applicable legislation in respect of intellectual property rights and shall remain the exclusive property of AEMD.

Any reproduction or redistribution of all or part of this content shall be subject to the prior, written and express authorisation of AEMD.

2. Trade marks

The trademarks and logos of AEMD and its partners which are present on the Website, belong to their exclusive owners. Any total or partial reproduction of these trademarks or logos made from elements of the Website without the prior, written and express authorisation of the holder(s) of the rights is prohibited.

3. Hyperlinks

AEMD authorises third parties to set up hypertext links to the content of the Website, subject to the following conditions:

• the link to the Website must be accessible by opening a new page/tab. Any reproduction of any of the elements of the Website within a third-party Website by means of inclusion, frames, inlining or any other process of a similar nature, is strictly prohibited;
• the title tag of the link must mention www.aemdatwork.com and the source must be clearly identified on or near the link;
• the link must not be used for commercial or advertising purposes.

Notwithstanding the foregoing, this authorisation shall not, under any circumstances, apply to Websites that contain violent, pornographic, racist, xenophobic or anti-Semitic content or content that may, more broadly, offend the general public.

User behaviour

To this end, when accessing the Website, the User shall not:

• publish, download or transmit, by any means, illegal, unlawful, defamatory, offensive, racist, xenophobic, anti-Semitic, threatening, obscene, discriminatory or immoral content, or content which infringes on a person's private life, including his or her image rights, on the rights of third parties and in particular on intellectual property rights, or more generally, any content which is contrary to applicable legislation;
• publish, download or otherwise transmit, by any means, unsolicited or unauthorised advertising or promotional material, misleading information and other "fake news" or any other form of solicitation;
• upload to the Website or transmit by any means, any elements containing software viruses or other IT codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment used for the purposes of the Website or by its Users;
• impersonate another User;
• disrupt or interrupt the Website or the servers or networks connected to the Website, or violate the requirements, procedures, rules or regulations of the networks connected to the Website;
• attempt to harm the service of any User, host or network, which includes, but is not limited to, exposing the Website to a virus, creating saturation, flooding the server, saturating the e-mail system;
• access data that is not intended for Users or enter a server/account to which the User is not authorised to have access;
• attempt to probe, scan or test the vulnerability of a system or network, or attempt to breach any security or authentication measures without authorisation.
• AEMD may, at any time, for any reason whatsoever, without any prior notice, implement any means to terminate the use of the Website or any of AEMD AT WORK's services by the Users, for any behaviour violating these terms of use. Such termination shall be without prejudice to any damages that AEMD reserves the right to claim from the User in the event of non-compliance these General Terms and Conditions of use of the Website.

Entirety

Should any of the clauses of these General Terms and Conditions become invalid due to a change in legislation, regulations or as a result of a court decision, this shall in no way affect the validity of and compliance with, the other clauses of these General Terms and Conditions.