Terms of Service

of Almandin Tec AG


  1. General
    1. Almandin Tec AG, a Swiss corporation with its place of business in Rüschlikon, Switzerland (“Almandin Tec AG”, "we", "our" or "us"), is the provider of the website www.olloworld.com and other websites and mobile applications with similar contents (together the "Platform").
    2. These terms of service (the “Terms of Service”) form together with the Data Protection Statement, the referenced descriptions on the Platform and the Code of Conduct, if any, the “Agreement”. 
    3. The services provided by Almandin Tec AG on the Platform to you (the “User”, “your” or “yours”) are sometimes referred to in the Agreement as the “Services”. Almandin Tec AG and the User are sometimes referred to in the Agreement as a “Party” or collectively as the “Parties”. 
    4. In case of discrepancy between provisions of the Agreement, the following applies: (i) the Data Protection Statement prevails over the over the Terms of Service; (ii) the Terms of Service prevail over the referenced descriptions on the Platform; and (iii) the referenced descriptions on the Platform prevail over the Code of Conduct, if any.
    5. The Terms of Service are available on the Platform. The User has the possibility to download a PDF-file of the Terms of Service which can be printed out and saved at any time.
    6. Any information or promises on the Platform are provided for information purposes only and are not binding to Almandin Tec AG unless explicitly provided otherwise in the Agreement with regard to a specific case.
  2. Registration of the User
    1. The User must be registered with Almandin Tec AG if he or she wants to have the possibility to fully use the Platform and to be provided with the Services. Almandin Tec AG can reject the User's request for registration in its free discretion. Only Users with a valid registration are authorised to visit all parts of the Platform.
    2. The registration process is described on the Platform. The respective descriptions of the Platform form an integral part to the Agreement.
    3. By registering with us, you accept to be bound to this Terms of Service and the Agreement.
    4. The User represents and warrants that (i) all data provided by the User for registration is accurate, non-misleading and complete; (ii) the User uses its real name, and refrains from using pseudonyms or pen names; (iii) any changes in the registration data will be reported to Almandin Tec AG by the User within 5 days upon the occurrence of the change; and (iv) the User is at least fourteen years old at the time of registration.
    5. Each account that the User opens shall be for personal use only and may not be transferred to any other person without the express authorisation of Almandin Tec AG.
    6. The User shall choose a password upon registration and is obliged to keep the password secret unless disclosure is required by law. The account, username and password are solely for the User's personal use and the User may not permit anyone else to use his account, user name or password. 
    7. The User shall be responsible for maintaining the security of User’s access password. He or she agrees to make every reasonable effort to prevent unauthorised third parties from accessing the Services.
    8. The User acknowledges that Almandin Tec AG shall have the right to disable the User's password and access to the Platform immediately upon termination of the Agreement for any reason.
  3. Services
    1. The Services to be provided by Almandin Tec AG under the Agreement are described on the Platform. The respective descriptions of the Platform form an integral part to the Agreement.
    2. The User acknowledges and accepts that notwithstanding any other provision of the Agreement Almandin Tec AG provides the Services on a reasonable effort basis only.
    3. The Platform and/or the Services may be temporarily unavailable from time to time for scheduled maintenance, unscheduled emergency maintenance, or due to other causes beyond Almandin Tec AG’s reasonable control.
  4. Limitations of Use and Remedies
    1. The User shall use the Services only for its own purposes. It shall only provide true and non-misleading statements on the Platform. 
    2. Except expressly provided in the Agreement, User shall not: (i) download, store, reproduce, transmit, display, distribute or take screen shots of any part of the Platform; (ii) sell, rent, lease or make otherwise available or permit access to the Platform to any third party; (iii) use or attempt to use any deep-link, scraper, robot, spider, data mining, computer code or any other device, tool or program to access, acquire or monitor any part of the Platform; (iv) violate any provision of the Agreement or the applicable laws; (v) provide on the Platform any information or use the Platform or parts thereof in any manner that may violate or actually violates the rights of Almandin Tec AG or any third party (including but not limited to other users); or (vi) use the Platform in any manner that is unlawful or harms Almandin Tec AG (including but not limited to the brand of Almandin Tec AG) or the other users of the Platform. 
    3. Almandin Tec AG’s Code of Conduct, if any, shall form an integral part to the Agreement and be binding for the User.
    4. Almandin Tec AG reserves the right to investigate complaints or reported violations of the Agreement and to take any action it deems appropriate including but not limited to (i) terminating the Agreement with immediate effect; (ii) removing from the Platform and deleting any data or information provided by the User; and (iii) reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons.
  5. Changes to the Services and Discontinuance
    1. Almandin Tec AG may, without notice to the User, update or otherwise modify the Services in its sole discretion at any time, including without limitation providing updates or modifying features or functionality, or removing features or functionality (collectively, the “Updates”). The Agreement applies to all such Updates.
    2. Almandin Tec AG may, without notice to the User, discontinue the Platform or the Services temporarily or permanently at any time. In the event Almandin Tec AG discontinues the Platform or the Services, Almandin Tec AG will terminate the Platform and/or the provision of the discontinued Services and refund the User pro-rata for the Fees prepaid by the User, if any, with respect to the discontinued Platform and/or the Services that would otherwise have been provided to the User.
  6. Fees
    1. The User shall pay to Almandin Tec AG the fees indicated in the Platform (the "Fees"), if any, as they become due plus all related taxes for the Platform and the Services provided by Almandin Tec AG under the Agreement.
    2. The due dates and the means of payment are indicated on the Platform. The Fees shall be due in advance unless otherwise stated on the Platform.
    3. The User shall be in default without any reminder from Almandin Tec AG.
    4. All Fees are non-refundable and there are no refunds or credits for unused periods unless specifically otherwise provided in the Agreement.
  7. Reservation of Rights
    1. The User acknowledges and agrees that, as between the User and Almandin Tec AG, Almandin Tec AG is the sole and exclusive owner of all rights, title and interest in and to the Platform and the Services and any information developed or collected by Almandin Tec AG in connection with its operation of the Services (other than User Data, as defined below), including but not limited to all intellectual property rights therein. 
    2. Any rights not expressly granted to the User herein are reserved by Almandin Tec AG. 
    3. Subject to the terms and conditions of the Agreement, Almandin Tec AG hereby grants to the User a non-transferable and non-exclusive right to access and use the Platform and the Services provided by Almandin Tec AG according to the Agreement.
    4. As between the User and Almandin Tec AG, the User owns any data, information or material that the User submits, collects or provides in the course of the registration and using the Platform or the Services, including but not limited to all comments, discussions, suggestions, enhancement requests, feedback, or recommendations (the “User Data”).
    5. The User shall be solely responsible for the accuracy, quality, content and legality of User Data, and the means by which the User Data is acquired. The User particularly represents and warrants that the use on the User Data on the Platform and in connection with the Services does not violate against any third party right.
    6. Almandin Tec AG acquires no right, title or interest in or to User Data under the Agreement except to the limited extent necessary to perform the Services for the User or other users of the Platform which includes right to the internal use of the User Data and the provision of the User Data to its service providers (provided that such service providers shall be obliged to keep the User Data confidential) (the “Limited License”). 
    7. The Limited License shall be worldwide, sub-licensable and be granted for no remuneration. It shall be and remain valid notwithstanding any other provision of the Agreement and shall particularly survive any termination of the Agreement.
  8. Limited Warranty
    1. THE PLATFORM AND THE SERVICES CONNECTED THEREWITH ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH THE USER. ALMANDIN TEC AG DOES NOT MAKE, EXPRESS OR IMPLIED, AND DISCLAIMS ANY AND ALL WARRANTY CONNECTED WITH THE PLATFORM OR THE SERVICES.
    2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALMANDIN TEC AG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ERROR-FREE ACCESS TO THE PLATTFORM OR USE THEREOF; (II) OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE OF THE PLATTFORM; (III) THAT THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (IV) THAT THE QUALITY OF THE SERVICES WILL MEET USER’S REQUIREMENTS. 
    3. USER ACKNOWLEDGES THAT NEITHER ALMANDIN TEC AG NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. 
    4. ALMANDIN TEC AG PROVIDES THE INFORMATION ON THE PLATFORM AS A RESOURCE FOR USERS, BUT DOES NOT GIVE ANY ADVICE TO THE USER OR ANYONE ELSE.
    5. THE USER REPRESENTS AND WARRANTS THAT (i) IT HAS all necessary power and authorization to accept the AGREEMENT; (II) THE AGREEMENT IS legal, valid, binding and enforceable against the User; and (iII) THE USER WILL OBSERVE ALL APPLICABLE LAWS AND THE PROVISIONS OF THE AGREEMENT. 
  9. Limitation of Liability
    1. ALMANDIN TEC AG SHALL ONLY BE LIABLE IF IT FAILS TO PERFORM ITS OBLIGATIONS UNDER THE AGREEMENT AND ITS FAILURE OR LACK OF PERFORMANCE IS DUE TO ALMANDIN TEC AG’S GROSS NEGLIGENCE OR WILFUL INTENT. THE LIABILITY OF AUXILIARY PERSONS IS EXCLUDED. ANY OTHER LIABILITY OF ALMANDIN TEC AG UNDER OR IN CONNECTION WITH THE PLATFORM, THE SERVICES AND THE AGREEMENT SHALL BE EXCLUDED TO THE EXTENT POSSIBLE BY THE GOVERNING LAW, AND ALMANDIN TEC AG SHALL, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT BE LIABLE UNDER OR CONNECTED WITH THE AGREEMENT, STRICT LIABILITY OR ANY OTHER THEORY.
    2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALMANDIN TEC AG SHALL NOT BE LIABLE FOR: (I) FOR ERROR OR INTERRUPTION OF USE OF THE PLATFORM OR LOSS OF BUSINESS; (II) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (III) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.
  10. Indemnification
    1. The User shall indemnify, defend and hold harmless Almandin Tec AG, to the fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the Users' failure to perform its obligations under the Agreement.
  11. Data Protection
    1. Each Party shall comply with the Swiss data protection law.
    2. Details on the use of the Users' personal data by Almandin Tec AG are set forth in the Data Protection Statement of Almandin Tec AG which is accessible on the Platform and shall form an integral part to the Agreement.
  12. Term and Termination 
    1. The Agreement shall take effect with the acceptance of the Users' request for registration by Almandin Tec AG (the “Effective Date”). It shall remain in effect until it has been terminated in accordance with the provisions below.
    2. Each Party may terminate the Agreement with immediate effect at any time. 
    3. Upon termination of the Agreement, (i) User’s right to access and use the Platform and the Services shall immediately terminate; (ii) any suspension or termination pursuant to this Section shall not relieve the User of its payment obligations, if any; and (iii) all Fees, if any, will become immediately due and payable. 
    4. User hereby acknowledges and agrees that Almandin Tec AG has no obligation to retain User Data and that the User Data may be irretrievably deleted and destroyed within thirty (30) days after the termination of the Agreement. 
    5. The Termination of the Agreement shall not relieve either Party of its respective obligations to the other hereunder that arose prior to the effective date of termination. Notwithstanding anything herein to the contrary, all sections of the Agreement that, by their nature, should survive termination of the Agreement will survive.
  13. Modifications of the Agreement
    1. Amendments or other modifications to the provisions of the Agreement may be implemented by Almandin Tec AG at any time and at its free discretion (the “Modifications”). 
    2. Such Modifications are displayed in the User's account or published otherwise on the Platform before coming into effect.  
    3. The User must confirm these Modifications and the modified Agreement in his or her account. The Agreement is terminated if the User fails to confirm the Modifications and the modified Agreement.
    4. This Section 13, and particularly the foregoing provision, shall not be applicable to Changes of Services and other Updates according to Section 5 above.
  14. Miscellaneous
    1. The User shall not assign or transfer any of its rights and obligations under the Agreement without Almandin Tec AG's prior written consent. Almandin Tec AG may assign or transfer its rights and obligations under the Agreement without the User's consent.
    2. No amendment or modification of the Agreement shall be valid or binding on the Parties unless made in writing or provided otherwise in these Terms of Service. This shall also apply to the foregoing sentence.
    3. Should any provision of the Agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.
    4. Failure or neglect by Almandin Tec AG to enforce any of the provisions of the Agreement shall not be construed or deemed to be a waiver of Almandin Tec AG's rights nor shall this affect the validity of the whole or any part of the Agreement, nor prejudice Almandin Tec AG's rights to take subsequent action.
    5. Almandin Tec AG does not participate in dispute resolution procedures handled by dispute resolution bodies.
    6. ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL BE GOVERNED BY SUBSTANTIVE SWISS LAW EXCLUDING THE CONFLICT OF LAW RULES AND THE LAWS IN TREATIES INCLUDING BUT NOT LIMITED TO THE UNIFORM LAW ON PURCHASES (VIENNA TREATY).
    7. ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL BE SOLELY AND FINALLY SETTLED BY THE COMPETENT COURTS IN ZURICH.



Version dated 19.6.2019