Terms of Use

These Terms of Use were created to ensure that we can continue to provide you with the high-quality services you are accustomed to. To do so we need to ensure that both we as well as you are protected from any intentional misuse or abuse, aiming at the disruption of a smooth customer experience.

Should we suspect that a breach of this policy is related to your account, you will be notified immediately at the email address you have submitted upon placing your order, community or newsletter registration, and be given 72 hours to reply, in order to resolve the issue. Failure to reply by you or your agent may result in the suspension of your user account. Any breach of this Acceptable Use Policy, and without affecting any other remedies available to us, may result in the temporary or permanent termination or suspension of a user’s account or access to the services without notice or liability, if Énielle in its sole discretion determines that a user has engaged in acts not allowed by us as stated this policy. 

 

Definition of Terms in this Policy

 

Énielle,

we, our or us

Énielle AG, a company incorporated in Zürich, Switzerland with UID CH-320.3.059.215-9 whose registered office is at Voltastrasse 61 | CH-8044 Zürich, Switzerland; Énielle GmbH (DE 321407494); any and all of the subsidiaries of the above;

Website, domain, we, us or our

The domain enielle.com, website and all content under this domain, any subdomain or directory thereof, related websites and mobile device applications;

User, you or your

Any third party that accesses the website and is not either (i) employed by Énielle and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Énielle and accessing the website in connection with the provision of such services;

Policy or Agreement

These Terms of Use;

Content

(1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner on the website (2) any other materials, content, or data you provide to Énielle by any other means.

 

Intellectual Property Rights

Unless otherwise noted, any graphic images and text contained in this website are the exclusive property of Énielle. 

Logos, brand identities and other trademarks that are the property of, or are licensed to Énielle, are the property of their respective owners. Nothing contained on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without written permission of Énielle or any such third party that may own a trademark displayed on enielle.com. Énielle reserves all rights not expressly granted in and to the website and its content. This website and all of its content, including but not limited to text, design, graphics, layout and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Switzerland and the EU.

 

Accuracy and Completeness of Information

Énielle is not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis of decision-making without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

 

We do not allow the following:

a. Disruptive Acts

[1] Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services;

[2] Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data;

[3] Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data;

[4] Deciphering any transmissions to or from the servers running the services;

[5] Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:

[6] Using “robots,” “spiders,” “offline readers,” or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser;

[7] Going far beyond the use parameters for any given service as described in its corresponding documentation.

 

b. Wrongful Activities

[1] Misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Énielle or any third party);

[2] Using our website to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services;

[3] Using our website to stalk, harass, or post direct, specific threats of violence against others;

[4] Using our website for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);

[5] Accessing or searching any part of our website   by any means other than our publicly supported interfaces (for example, “scraping”);

[6] Using meta tags or any other “hidden text” including Énielle’ or our suppliers’ product names or trademarks.

 

c. Inappropriate Communications

[1] Using the domain to generate or send unsolicited communications, advertising, chain letters, or spam;

[2] Soliciting our users for commercial purposes, unless expressly permitted by Énielle;

[3] Disparaging Énielle or our partners, vendors, or affiliates;

 

d. Inappropriate Content

Posting, uploading, sharing, submitting, or otherwise providing content that:

[1] Infringes Énielle or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right;

[2] You do not have the right to submit;

[3] Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including Europol & Fedpol), indecent, harassing, hateful;

[4] Encourages illegal or tortious conduct or that is otherwise inappropriate;

[5] Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;

[6] Contains viruses, bots, worms, scripting exploits, or other similar materials;

[7] Is intended to be inflammatory;

[8] Could otherwise cause damage to Énielle or any third party.

 

Your Personal Details

You warrant that the contact information that you provide to us on establishment of your account is correct, and that you accept responsibility for keeping this information up to date at all times. You agree that we may suspend or cancel your account if we reasonably believe that the information you have supplied is purposely inaccurate.

 

Liability

Énielle shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by you or any act, misrepresentation, error or omission made by you or on your behalf.

Governing Law

Your rights and obligations and all contemplated by this Agreement shall be governed by Swiss law and you submit to the exclusive jurisdiction of the Swiss Courts.

Legal Fees

If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.

Severability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Énielle will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Énielle as reflected in the original provision.