ERNI Schweiz AG

Löwenstrasse 11
8001 Zürich
Switzerland

Phone     +41 58 268 12 00
Email      info(at)erni.ch

Executive Director: Peter Zuber
Registration Court / Commercial Register: Kanton Zürich, No. CHE-114.370.900
VAT Number: CHE-114.370.900

ERNI (Deutschland) GmbH

Balanstr. 57
81541 München
Germany

Phone      +49 89 54 19 60 170
Email       info(at)de.erni

Executive Director: Martin Bott
Registration Court /Commercial Register: Amtsgericht München HRB 289236
VAT ID Number: DE254496045

ERNI Consulting España, S.L.U.

Edificio El Triangle
Plaça Catalunya 1-4
3º planta, Módulo A y B
080 02 Barcelona
Spain

Phone  +34 93 667 77 76
Email   reception(at)erni-espana.es

Executive Director: Albert Alsina
VAT Number: B65663932

ERNI Development Center Spain S.L.

Alameda 4, piso 1, ptas 1-2.46010 Valencia
Phone: + 34 96 0259470
Email: [email protected]

Executive director: Dusan Bratic
Commercial Register: V-207328/11260/8538/209/1
VAT Number: B72716590

ERNI (Slovakia) s.r.o.

Einsteinova 33
851 01 Bratislava
Slovakia

Phone     +421 2 70 01 77 20
Email      office(at)erni.sk

Executive Director: Dusan Bratic
Registration Court / Commercial Register: Bratislava I, Sro-45518/B, 36 765 856
VAT Number: SK2022365994

ERNI Development Center Romania S.R.L.

Calea Dorobantilor no. 98-100
3rd floor, in Olimpia Business Center
400609 Cluj-Napoca
Romania

Phone  +40 744 319 228
Email   info(at)erni.ro

Executive Director: Dusan Bratic
Registration Court / Commercial Register: J14/3091/2014
VAT Number: RO33738730

ERNI Development Center Philippines Inc.

9th Floor, 500 Shaw Zentrum Building
500 Shaw Boulevard
Mandaluyong City
Philippines 1555

Phone     +63 5310 1707
Email      info(at)erni.ph

Executive Director: Joseph Cadag
Registration Court / Commercial Register: CS201206237
VAT Number: 008-256-580

ERNI Singapore Pte Ltd.

7 Straits View
Marina One East Tower #05-01
018936 Singapore
Singapore

Phone     +65 9161 9863
Email      info(at)erni.sg

Executive Director:  Pavo Kohler
Registration Court / Commercial Register: 201325305K

Legal

The terms and conditions set forth hereunder (hereinafter referred to as the “Terms of Service” or “TOS””) shall govern the access to and use of each and every web page to be found under the domain “betterask.erni”, and its respective sub-domains and sub-directories (hereinafter referred to as the “Web Site”), property of ERNI Schweiz, AG., a commercial company with registered offices at Löwenstrasse 11, 8001 Zürich, Switzerland. Registration Court / Commercial Register: Kanton Zürich, No. CHE-114.370.900, VAT Number: CHE-114.370.900.

Access to the Web Site and use of its content and services implies full and unreserved adherence to the Terms of Service set forth in the version published at the time the user accesses the same.

The latest version of the Terms of Service may be consulted whenever so desired at the web site address www.betterask.erni. If a user decides not to accept the Terms in force, he or she must abstain from accessing the Web Site and/or from using the content and/or services available therein.

Terms of service

Purpose of the terms of service

The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site. For the purposes of the Terms of Service set forth herein, Web Site shall be understood to mean:

• The external appearance (or “look and feel”) of the screen interfaces, both static and dynamic (that is to say, the navigation tree).
• The elements composing both the screen interfaces and the navigation tree, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these be protected by the legal code in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the “Content”) and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the “Services”).

ERNI reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and its Content and Services contained therein. The user acknowledges and accepts that ERNI may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content making up the Web Site.

Access to content and services

In order to access to Web Site, a user must:

• have access to the internet, either directly or indirectly through an access device;
• pay the corresponding access and connection fees, and
• be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism.

For the correct use, visualisation and implementation of certain Content and Services of the Web Site, the user may need to download in his or her computer equipment certain computer programmes or other logical elements. The installation cost of these shall be borne by the user, and ERNI hereby declines any kind of liability which may derive from same.

The user undertakes to abstain from accessing the Content and/or Services of the Web Site by any means other than that of the screen interface provided by ERNI for such purpose.

Registration

In order to access certain Content or Services, ERNI may require that a registration form be filled in and sent. In this case, the user must provide the information requested.

In respect of the registration process, the user undertakes to:

• facilitate true, exact and complete details of his or her identity, and
• update these registration details in such manner that they remain true, exact and complete.

Regulations for use of the website

The user hereby undertakes to use the Web Site and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Web Site:

• The user undertakes not to interfere with or interrupt access to and use of the Web Site, servers or networks connected to same.
• for illicit, prohibited or harmful purposes or effects. ERNI hereby declines any liability which could derive from the foregoing.

The user acknowledges and accepts that he or she shall make use of the Web Site and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Web Site, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Web Site itself is hereby strictly prohibited.

The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of ERNI or any third party, or the content incorporated and/or stored in same.

The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Web Site or impede normal utilisation or enjoyment of the same by other users.

The user undertakes to abstain from modifying the equipment and systems of ERNI in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Web Site.

Website content and services

The Web Site may include information or content facilitated by other sources other than ERNI, including the users of the Web Site themselves. ERNI does not guarantee, nor does it assume, any liability whatsoever for the certainty, integrity or exactness of such information and/or content, including any situation where defamatory, offensive or illicit elements exist.

At all events, and without prejudice to the foregoing, remittal by third parties of information and/or content of the publicly accessible sections of this Web Site through electronic mail or any other means shall imply the granting in favour of ERNI of a non-exclusive licence, with no time limit, world-wide and at no cost, to reproduce, store, edit, modify, publish, incorporate in data bases, publicly notify, transmit, visualise, distribute, represent or in any other manner commercially exploit, in whole or in part, such information or content owned by the user on the Web Site, in any form or by any other means or technology. ERNI reserves the right, at its own sole discretion, to edit, reject or eliminate the aforementioned information and/or content.

The user acknowledges and accepts that ERNI may retain and reveal the information it stores or places at the disposal of third parties on the Web Site, provided that this is:

• required from them by the competent authorities and official organisms;
• necessary in order to comply with the Terms of Use;
• convenient or necessary to contest claims relating to violation or infringement of rights; or
• advisable or necessary to protect the legitimate interests of ERNI, its users and the public in general.

Content and services outside the website

The Web Site of ERNI may place at the disposal of users technical mechanisms for links, directories and search engines, which allows them to access web pages belonging to or managed by third parties.

The installation of such links, directories or search engines on the Web Site has the sole purpose of facilitating the users with search and access to the information, the content and the services available on the Internet.

Establishment of a link does not necessarily imply the existence of a relationship between ERNI and the owner of the web page with which the link is established, nor acceptance and approval on the part of ERNI of its content or services.

Unless expressly otherwise stated, neither ERNI itself nor any third party either offers or markets the information, content and/ or services available on the pages to which it provides a link, nor does it control, approve or oversee them or make them its own. The user, therefore, must take extreme precautions when evaluating and using the information, content and services contained in the pages to which such link is provided.

To the extent that this website contains links to outside websites over which ERNI does not have any control whatsoever, the user acknowledges and accepts that ERNI shall not be held responsible for the contents and the services that they may access in said pages, nor for any products commercialised in same.

Guarantees and liability

Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and accepts that ERNI grants no guarantee of any nature, be this express or implicit, in respect of the Web Site or the Content and Services incorporated therein, including but not limited to:

• The availability and continuity of the functioning of the Web Site and, in particular although not exclusive to, the fact that users may effectively utilise the Web Site, the Content and the Services, access the different web pages making up the Web Site or those from which Services are loaned.
• The level of quality, interfacing and functioning of the Web Site, or the Services and/or Content incorporated therein.
• The interruption, suspension or cancellation of access to the Web Site and the Content and/or Services incorporated therein.
• The adaptation of the Web Site and the Services and/or Content incorporated therein for any particular purpose.
• The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the Web Site, or any results which may be obtained from the access and/or use of this web site or its content.
• ERNI hereby expressly declines any responsibility for error or omission in the information contained in the pages of this Web Site, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content, including any differences in prices which may exist between those indicated on the Web Site and those appearing on the tickets attached to garments (the prices marked on the ticket will always be the correct ones).
• Unauthorised access and alteration of data stored and transmitted through the Web Site or the services offered in this connection.
• The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and indexes stored in the computer system.

The user is aware of, and voluntarily accepts, that use of the Web Site, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, ERNI neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Web Site and its Content and/or the Services incorporated therein.

Force majeure

Without prejudice to the foregoing, ERNI shall not be liable for delays or faults produced in access to, functioning and operating of the Web Site, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.

Intellectual, Industrial property rights and others

This Web Site, as well as its Content, Services and elements, are the property of or fall under the control of ERNI, and are protected, with no limitation whatsoever, by the intellectual property and industrial laws of Switzerland.

ERNI holds exclusive good title to the intellectual property and industrial property rights and any other analogous right inherent to the Web Site. Likewise, ERNI or any of the companies comprising the ERNI group of companies reserves the rights over any Content, Services or elements it owns and which are incorporated in the Web Site, including but not limited to:

• those elements forming the visual appearance, the graphics or illustrated images and other sensorial stimuli on the web pages making up the Web Site;
• the navigation architecture;
• the source codes of the Web Site;
• photographs,
• recordings,
• computer programmes,
• data bases,
• technology,
• logotypes, and
• distinguishing signs.

All of the foregoing shall be collectively referred to hereinafter as the “Property”.

The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying:

• Any notes, legends, indications or symbols which either ERNI or the legitimate owners of the rights may incorporate in their properties in matters concerning intellectual or industrial property (such as, for example, copyright, ©, ®, and ™, etc.).
• The technical data protection or identification systems which may be contained in the Content (such as, for example, water marks, finger prints, etc.).

Property use

The user acknowledges that, pursuant to these Terms of Use, ERNI neither hereby grants nor transfers to the user any rights whatsoever in respect of its Property, or the property of any third party. ERNI solely authorises the user hereby to access and use of the same, in accordance with the terms indicated in these Conditions.

ERNI hereby authorises all users to access and navigate the Web Site, using the Services and visualising the Content incorporated therein.

Users are not authorised to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of the Web Site, its pages, Content or its integrated elements, be this partially or totally, without the express written consent of the legitimate owner of the exploitation rights. Whenever erni so expressly authorises in writing, the user may download one sole copy of the Content. At all events, the licence for use recognised in this point may in no case whatsoever be handed over or transferred to third parties.

Access, viewing and, if this be the case, downloading of the Content and/or Services shall in each and every case be carried out for strictly personal, and not commercial, purposes.

ERNI reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same. ERNI grants no license or authorisation for use whatsoever to the user in respect of its Property other than that expressly detailed in this clause.

Infringement notification procedure

Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or through the Services rendered, he or she may contact the Legal Department at the registered offices of ERNI indicated above, facilitating the following information:

• The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation.
• Identification of the supposedly illicit activity in question, and, in particular, whenever dealing with a supposed violation of intellectual and industrial property rights, and a precise and detailed description of the content protected, as well as its exact location.

Term and modification

The legal relationship deriving from access to and utilization of the Web Site, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.

Without prejudice to the foregoing clause, such relationship shall be understood to have terminated immediately whenever ERNI publishes new Terms of Use. Access to and utilisation of the Web Site shall imply full adherence to and acceptance of the new conditions and, consequently, the initiation of a new legal relationship.

Governing law and jurisdiction

All and any matters which may derive from access to and/or utilisation of Web site shall be understood to be governed and construed in accordance with Swiss legislation.