{"id":1860,"date":"2020-04-06T18:56:37","date_gmt":"2020-04-06T16:56:37","guid":{"rendered":"https:\/\/silenccio.axa.ch\/?page_id=1860"},"modified":"2023-06-08T14:02:35","modified_gmt":"2023-06-08T12:02:35","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/silenccio.axa.ch\/en\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\n<p><strong>1. Scope of the Terms of Service<\/strong><\/p>\n\n\n\n<p>These terms of service apply to the online offering from Silenccio AG (hereinafter: \u201cOperator\u201d), which is available online at <a href=\"https:\/\/silenccio.axa.ch\/en\/\">https:\/\/silenccio.axa.ch\/en\/<\/a> and <a href=\"https:\/\/silenccioapp.axa.ch\">https:\/\/silenccioapp.axa.ch<strong> <\/strong><\/a>.<\/p>\n\n\n\n<p><strong>2. Conclusion of Contract\nand User Account<\/strong><\/p>\n\n\n\n<p>(1)&nbsp;&nbsp;&nbsp;&nbsp; A service contract with the operator enters\ninto force by completing the online registration process and creating a\nprofile. The object of the service agreement is the free use of the profile.<\/p>\n\n\n\n<p>(2)&nbsp;&nbsp;&nbsp;&nbsp; A user account must be opened to create a\nprofile. This consists of a user name and a password (\u201clog-in data\u201d).<\/p>\n\n\n\n<p>(3)&nbsp;&nbsp;&nbsp;&nbsp; It is only possible to open a user account\nby entering a current email address for the user. This email address also\nserves as the means of communication with the operator.<\/p>\n\n\n\n<p>(4)&nbsp;&nbsp;&nbsp;&nbsp; The user assures that the data used to create their profile (\u201cprofile data\u201d) is accurate and complete. The use of pseudonyms is not permitted.<\/p>\n\n\n\n<p><strong>3. Use of the Profile<\/strong><\/p>\n\n\n\n<p>(1)&nbsp;&nbsp;&nbsp;&nbsp; The user can use the operator\u2019s different\nservices in the online security area when using the profile. Services are offered\nin the areas of shopping, harassment and phishing and hacking.<\/p>\n\n\n\n<p>(2)&nbsp;&nbsp;&nbsp;&nbsp; The\noperator is at any time entitled to block access to individual content without\nspecifying any reasons, e.g. when there is a suspicion that said content\nviolates applicable law or third party rights. The\nuser has no claim to the maintenance of individual functionalities of the\nportal.<\/p>\n\n\n\n<p>(3)&nbsp;&nbsp;&nbsp;&nbsp; The operator endeavours to operate the\nportal without interruptions. This is of course limited to services that the operator\nitself controls. The operator remains free to limit,\nwholly or partially, temporarily or permanently, the access to the online\noffering owing to maintenance work, capacity issues and owing to other events\nthat are not within its control.<\/p>\n\n\n\n<p><strong>4.&nbsp;Ban on\nDistribution for the User<\/strong><\/p>\n\n\n\n<p>The distribution and\/or public sharing of any portal content\nis prohibited without explicit consent from the operator in text format.<br><\/p>\n\n\n\n<p><strong>5.&nbsp;Ban on Commercial\nUse<\/strong><\/p>\n\n\n\n<p>The user may use the portal only for private purposes. The use of the platform is aimed exclusively at private persons. The user assures that they will use the offered services exclusively as a private person and also only store such data that is directly related to them as a private person (no profiles used for commercial purposes). The storage of data relating to legal persons is prohibited. The storage of data of natural persons, who use it for commercial purposes, e.g. blogger profiles, is also prohibited. The right is reserved for explicit consent from the operator in text format.<\/p>\n\n\n\n<p><strong>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; User\u2019s Duty to\nCooperate<\/strong><\/p>\n\n\n\n<p>(1)&nbsp;&nbsp;&nbsp;&nbsp; The user is required to carefully manage\ntheir log-in data. The user is prohibit, without exception, to disclose the\nlog-in data to third parties and\/or to enable access to the profile to third\nparties by circumventing the log-in data.<\/p>\n\n\n\n<p>(2)&nbsp;&nbsp;&nbsp;&nbsp; The user must refrain from any activity\nthat is intended to impair and\/or to overload the operation of the online\noffering or the associated technical infrastructure. These include, in\nparticular:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The use of software, scripts or databases in connection with the\nuse of the portal;<\/li>\n\n\n\n<li>The\nautomatic reading, blocking, overwriting, modifying, copying of data and\/or\nother content, so far as this is not required for the proper use of the portal.<\/li>\n<\/ul>\n\n\n\n<p>(3)&nbsp;&nbsp;&nbsp;&nbsp; If interruptions result when using the\nonline offering or its functionalities, the user must inform the operator of\nthis interrupt immediately. The same applies when the user obtains information\nabout content published by third parties, which clearly violates the applicable\nlaw or rights of third parties. <\/p>\n\n\n\n<p><strong>7. Usage Rights<\/strong><\/p>\n\n\n\n<p>All rights to the portal content are held by the operator. The user is prohibited from duplicating, distributing and\/or publishing content which the operator, other users or third parties have placed in the online offering.<\/p>\n\n\n\n<p><strong>8. Liability<\/strong><\/p>\n\n\n\n<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The following liability restrictions\nare deemed agreed:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Liability for all damages\narising from data loss is waived to the legally permissible extent.<\/li>\n\n\n\n<li>The operator\u2019s liability for\nindirect or consequential damage, such as reputational damage, liability\nlosses, damages from prosecution, damages to other goods, etc., is waived to\nthe legally permissible extent.<\/li>\n\n\n\n<li>The operator\u2019s liability for\nits auxiliaries is also excluded according to Art. 101 Section 2 OR [Swiss Code\nof Obligations] for any culpability.<\/li>\n<\/ul>\n\n\n\n<p><strong>9. Indemnity Claim<\/strong><\/p>\n\n\n\n<p>The user releases the operator and its employee or\ncontractors from all resulting third party claims in the event of claims owing\nto alleged or actual infringement of rights and\/or infringement of third party\nrights through actions carried out by the user in connection with the use of\nthe online offering. The user also undertakes to reimburse all costs arising to\nthe operator through claims from third parties. The costs of a reasonable legal\ndefence are also included in the reimbursable costs.<\/p>\n\n\n\n<p><strong>10. Personal Data<\/strong><\/p>\n\n\n\n<p>The user hereby consents to the data processing described at <a href=\"https:\/\/silenccio.axa.ch\/en\/privacy-policy\/\">https:\/\/silenccio.axa.ch\/en\/privacy-policy\/<\/a>. Amendments to the regulation on data processing will be disclosed to the user by email using the stored email address and they will be requested to explicitly consent the next time they use the offering.<\/p>\n\n\n\n<p><strong>11. Term of the\nContract\/Termination<\/strong><\/p>\n\n\n\n<p>(1)&nbsp;&nbsp;&nbsp;&nbsp; The contract term depends on the agreement between the user and\nAXA Versicherungen AG concerning the product \u00abCyber insurance Plus\u00bb.<\/p>\n\n\n\n<p>(2)&nbsp;&nbsp;&nbsp;&nbsp; Just cause for terminating this contract is given for the operator, in particular if the customer violates one of their obligations under point 4-6 of this contract.<\/p>\n\n\n\n<p> (3)&nbsp;&nbsp;&nbsp;&nbsp; The data saved in the context of using the website shall be deleted once the contract concluded between the User and AXA Versicherungen AG on the \u2018Cyber Insurance Plus\u2019 product has been terminated. 30 days prior to deletion, Silenccio shall send the User a notification to the email address that Silenccio has stored for them. The User is informed that, once 30 days have elapsed, all of their data (including everything that the User sent Silenccio, as well as everything that Silenccio created for the User itself or received from third parties) shall be automatically deleted and \u2013 if the User would like Silenccio to hand over the data before it is deleted \u2013 they must inform Silenccio to this effect by replying to the email before the 30-day time limit elapses. If the User does not reply to the email within 30 days, they shall finally waive their right to have the data handed over.<\/p>\n\n\n\n<p><strong>12. Final Provisions<\/strong><\/p>\n\n\n\n<p>(1)&nbsp;&nbsp;&nbsp;&nbsp; If the contract contains ineffective regulations, the effectiveness of the contract otherwise remains unaffected.<\/p>\n\n\n\n<p>(2)&nbsp;&nbsp;&nbsp;&nbsp; Material Swiss law is exclusively applicable to the present contract, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/p>\n\n\n\n<p>(3)&nbsp;&nbsp;&nbsp;&nbsp; The operator\u2019s headquarters is agreed as the exclusive jurisdiction.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>1. Scope of the Terms of Service These terms of service apply to the online offering from Silenccio AG (hereinafter: \u201cOperator\u201d), which is available online at https:\/\/silenccio.axa.ch\/en\/ and https:\/\/silenccioapp.axa.ch . 2. Conclusion of Contract and User Account (1)&nbsp;&nbsp;&nbsp;&nbsp; A service contract with the operator enters into force by completing the online registration process and creating [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1860","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/pages\/1860","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/comments?post=1860"}],"version-history":[{"count":4,"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/pages\/1860\/revisions"}],"predecessor-version":[{"id":2480,"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/pages\/1860\/revisions\/2480"}],"wp:attachment":[{"href":"https:\/\/silenccio.axa.ch\/en\/wp-json\/wp\/v2\/media?parent=1860"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}