Headquartered in Geneva, powering businesses across the world
This website is operated by Eazypay Swiss SA (the "Website"). “Ovvio” is a trading name of Eazypay Swiss Ltd. Throughout the site, the terms "we", "us" and "our" refer to Eazypay Swiss SA ("Ovvio"). Ovvio operates the Website and provide all information, tools and any of services available from the Website or any application to you (the "Services"), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and subject to any other agreement entered into between you and Ovvio (the "Specific Agreement") irrespective of whether the Services are provided online or not.
By visiting our Website and/or using our Services, you agree to be bound by the following terms and conditions (the "Terms of Service" or the "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink as well as any other terms, conditions or obligations set out in any Specific Agreement online or not, as the case may be. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, users, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing to or using any part of the Website, any application or the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, any application or use any Services provided by Ovvio.
Any new features or tools which are added to our Website shall also be subject to the Terms. You can review the most current version of the Terms of Service at any time on this page [include a link]. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
As a condition of your access to and use of the Website, any application and the Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Website, any application or the Services.
You must not access or use the Website, any application or the Services and must refuse the Terms of Service if (i) you are not of legal age to enter into a binding contract with Ovvio, or (ii) you are not eligible or permitted to access the Website, any application and/or benefit from any Service under any law or regulation applicable to you in any jurisdiction, including the jurisdiction in which you are resident or have your registered office, or from which you access and use the Services, any application or the Website, including when such access is of a temporary nature.
Services, or any features linked or related to the Services may vary for different regions and/or countries. No warranty or representation is given that a particular Service or feature, or functionality thereof of the same type and extent of the Service or features and functionalities thereof will be available to or for you at any time or anywhere. Ovvio may at its sole discretion limit, deny or create different levels of access to and use of any Services (or any features linked or related to the Services) with respect to different users, or categories of users, depending on any criteria Ovvio may think fit, including, without limitation, the domicile or location of or place of connection by you.
You understand and agree that information recorded on blockchain or other distributed ledger technologies cannot be removed or deleted and that Ovvio has no control on such information. Even in case of permissioned blockchain or other similar permissioned technology, Ovvio has no control on your information to the extent that Ovvio is not one of the operators of the relevant technology. You are solely responsible of the information used and recorded on the blockchain or any other technology as well as when such information is used "off-chain". If you are using encryption, you are solely responsible of managing the encryption keys and it shall bear all risk relating to such keys, including, without limitation, any risk of loss. Ovvio does not control your wallet and such wallet is of your sole responsibility.
Save as otherwise stated in a Specific Agreement, Ovvio may launch, change, upgrade, update, impose conditions to, suspend, or stop any Services (or any features linked or related to the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying user to use that Service without such user's consent.
You agree not to undertake any action to undermine the integrity, performance, or operation of the computer systems or networks of Ovvio and/or any other user or third party[, and Ovvio's feedback system, if available] and applicable,] and you shall not gain unauthorized access to such computer systems or networks.
We are not responsible if information made available on the Website or any application is not accurate, complete or current. The material on the Website and/or any application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or up-to-date sources of information. Any reliance on the material on the Website or any application is at your own risk. The Website or any application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website or any application at any time, but we have no obligation to update any information on our Website or any application. You agree that it is your responsibility to monitor changes to our Website or any application.
Ovvio may provide you with access to third-party tools and features over which Ovvio neither monitors nor has any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any express or implied warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered by Ovvio directly or indirectly (via the Website or any Services or application) is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website, any application or the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service, unless otherwise explicitly set out in a Specific Agreement.
Certain content on our Website or Services may include materials from third-parties. Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You are responsible to read carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Ovvio may outsource operations, performance of obligations and services to affiliates and third parties in Switzerland or abroad. In particular, data retention, IT (information, data processing and management), accounting, and other activities may be outsourced in whole or in part. Outsourcing may require the transfer in Switzerland or abroad of data to affiliated or third-party service providers, and third-party service providers may involve other third-party service providers, in Switzerland or abroad. All service providers are generally required to comply with respective confidentiality and data protection obligations.
Our privacy policy, which is available here, governs your submission of personal information: [Link]. In connection with its use of the Services, you acknowledge and agree that Ovvio will have access to and process, as data controller or in any other capacity, your personal data and, as the case may be, of the your employees and other authorized representatives. You hereby give, and represent and warrant (within the meaning of article 111 of the Swiss Code of Obligations) that each of its employees and other representatives has given, his or her express consent to allow Ovvio collecting and processing his or her personal data in connection with and for the purpose of rendering the Services. Ovvio undertakes to maintain the confidentiality and security of the data provided by you in accordance with the provisions of this clause 6. Ovvio may in any event use any personal data and customer information in an anonymized way for the elaboration and edition of aggregated statistical data of the Website, any application or the Services as well as for the analysis of the Website's activity, the market and the use and development of the Services (including new services and tools). Aggregated and anonymized statistical data may be distributed periodically to all users or to certain group of users of the Services.
You expressly authorizes Ovvio to share and communicate data (including personal data) collected under the Terms of Service and/or any Specific Agreement to its affiliates, subcontractors, service providers and partners, to the extent necessary to fulfill its obligations, such as ensuring distribution, management or administration of the Services. Data provided, including personal data, may also be used by Ovvio and any of its affiliates and third party service providers for (i) market and data analysis in view of improving or developing new products and services, and (ii) research and marketing reasons and purposes. All data subjects and their representatives or authorized persons have, to the extent permitted by applicable rules, a right of access, rectification, deletion and limitation of processing, opposition, as well as the right to portability of their personal data. Data subjects may exercise their rights by contacting [insert email address]. Data subjects will have the right to lodge a complaint with the competent authority. Further information on data protection and data processing by Ovvio, updated regularly, is included in the Privacy Policy (available here). Further, except as otherwise stated in any Specific Agreement, you acknowledges that the data may be transferred to countries outside the European Economic Area, the United Kingdom (UK) or Switzerland, which have different and non-equivalent personal data protection laws from those of the European Union (including UK) and Switzerland. In this case, the transfer of personal data will be carried out under conditions and safeguards that ensure the confidentiality and security of such data.
There may be information on our Website or any application that contains typographical errors, inaccuracies or omissions that may relate to Services, their description or other content. Ovvio reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. Ovvio undertakes no obligation to update, amend or clarify information, including without limitation, pricing information (if any), except as required by law or any Specific Agreement. No specified update or refresh date applied in the Services or on any related content, should be taken to indicate that all information in the Services or on any related content has been modified or updated.
In addition to any other prohibition as set forth in the Terms of Service, you are prohibited from using the Website or its content, any application and the Services: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, local, provincial or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of third-parties, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of our Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services, the Website, third-party websites or the Internet; (l) replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to our Website content, any application or the Services. We reserve the right to terminate your use of any Service or ban from using our Website or any application for violating any of the prohibited uses. Specific Agreement(s) entered into between you and Ovvio may contain other specific prohibition or restriction.
For the purpose of this section and the Terms of Service, (i) "Intellectual Property Right(s)" shall mean any and all intellectual property rights wherever in the world, whether registrable or not registrable, registered or un-registered, including, without limitation, any application or right of application for such rights, and including, without limitation, authors' rights, copyrights, where software copyrights are concerned both the source code version as well as the object code version, related rights, database rights, designs, trade secrets, Know-How, algorithms, business names, trade names, trademarks, goodwill, service marks, passing off rights, unfair competition rights, utility, patents, utility models, semi-conductor topography rights, domain names, and any rights in any of the foregoing; and (ii) "Know-How" shall mean any and all technical data, information, materials, trade secrets, technology, formulas, processes, and ideas, in any form in which the foregoing may exist;
Subject to the terms of this clause 9, Ovvio is the sole owner or lawful licensee or user of all the rights and interests in and to the Website, any application and the Services, including any Intellectual Property Rights. All Intellectual Property Rights in connection with the Website, any application and the Services shall in any event remain with Ovvio, our affiliates or licensors, as the case may be.
Your rights to access and use the Services, any application and the Website are granted through a non-exclusive and non-assignable (unless with our prior written consent) license. Subject to the Terms of Service and any limitation therein, the license is granted worldwide.
Ovvio and related icons and logos are registered trademarks or trademarks or service marks of Ovvio or affiliates, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Ovvio may have independent third parties involved in providing access to the Website, any application or in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without the prior written approval from such parties.
You shall immediately notify Ovvio of any and all violations of Intellectual Property Rights by third parties which may come to your attention. In case of such violation, Ovvio is not obliged to take action against the offender. However, to the extent your rights are affected, Ovvio may enable you to take action at your expenses by granting you an authorization to sue, if required and possible under applicable law. We will furthermore support you by providing all necessary information. The cost of such proceedings shall be borne by you.
Subject to any other or more specific term of any Specific Agreement, any fee, if and where applicable, shall be paid in advance via credit card or other suitable online payment system designated by us. Non-refundable pre-payments may be required before gaining access to all or part of the Services. We are in any event entitled to suspend your access to the Services, any application and/or your account, if fee(s) cannot be charged or processed by us or is (are) not paid in full, until the fee(s) is (are) wired to our account. No right of set-off or deduction is available to you. Fees for our Services are subject to change without notice, unless otherwise agreed in a Specific Agreement. We shall not be liable to you or to any third-party for any modification, fee change, suspension or discontinuance of the Services.
You agree, represent and warrant (within the meaning of article 111 of the Swiss Code of Obligations) that (i) you have full power and authority to accept the Terms of Service, and to perform the obligations referred to herein; (ii) the access to and use of the Website ,any application, and/or the Services are permitted in your jurisdiction; and (iii) if you are a business entity, the address provided in case of registration of any kind is your principal place of business. For purposes of this clause, a branch, or a representative office will not be considered a separate entity and your principal place of business will be deemed to be that of the business entity's registered office.
You may be required to provide information, documents or material about yourself, your entity, activities or business as part of the registration process on the Website or the application for their access to and use of any Service or the your account. You agree, represent and warrant (within the meaning of article 111 of the Swiss Code of Obligations) that (i) such information, documents and material, whether submitted during the registration process or otherwise for the purposes of the Services as well as thereafter throughout the continuation of the use of the Services, are true, accurate, current and complete and compliant with any applicable laws ("Up-to-Date"); and (ii) it will maintain and promptly amend all information, documents and material to keep it (them) Up-to-Date.
You agree, represent and warrant (within the meaning of article 111 of the Swiss Code of Obligations) that [(i) you shall be solely responsible for obtaining all necessary third party licenses, consents and permissions regarding any user content that you submit, post or display on the Website (if such feature is available); (ii) any user content that you submit, post or display on the Website does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets, or any other personal, proprietary or other rights of any third party ("Third Party Rights")]; and (iii) you and any of your affiliates are not the subject of any trade restrictions, embargo, sanctions of any kind or other legal or administrative restrictions or similar measures of any kind enacted by any authority, agency, court or body of any kind in any jurisdiction, including, without limitation, Switzerland, the US, the UK, the EU and, if and where relevant, international organizations.
[You further agree, represent and warrant (within the meaning of article 111 of the Swiss Code of Obligations) that any user content and any information that you or your affiliates, or authorized representatives submits, posts or displays on the Website or any application shall (i) be Up-to-Date and lawful; (ii) not be false, misleading or deceptive; (iii) not be defamatory or discriminatory; (v) not violate any token or product-specific requirements, any clause of the Terms of Service or any applicable Specific Agreement or other rules issued by Ovvio; (vi) not violate any applicable laws or regulations, including, without limitation, those governing consumer protection or unfair competition, tax regulations (such as stamp duty, withholding tax, where applicable) or promote any activities which may violate any applicable laws or regulations; and (vii) not contain any link directly or indirectly to any other web platforms, sites or servers which may include any content that may violate any applicable laws or regulation or the Terms of Service, any applicable Specific Agreement or any other rules issued by Ovvio.]
You further agree, represent and warrant (within the meaning of article 111 of the Swiss Code of Obligations) that you shall (and that any and all of your affiliates, and any and all of your director(s), officer(s), agent(s), representative(s) and/or controlling party/ies or a of your affiliate will) (i) carry on its (their) activities in strict compliance with the Terms of Service, any Specific Agreement and any applicable laws and regulations; (ii) not use the Services or any application to defraud or harm any person or entity (including, without limitation, by using stolen credit/debit cards or private keys); (iv) not impersonate any person or entity, misrepresent itself (themselves) or its (their) affiliation with any person or entity; (v) not engage in spamming or phishing, or any other unlawful activities, or encourage, or support any such activities; (vi) not (involve attempts to) copy, reproduce, exploit or expropriate Ovvio's various proprietary directories, databases and listings, or any other code, or information owned by Ovvio or Ovvio's affiliates or licensors without Ovvio's express and irrevocable prior authorization to do so; (vii) neither involve any computer viruses, or other destructive or intrusive devices, or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information nor any scheme to undermine the integrity of the data, systems or networks used by Ovvio and/or any other person using the Services, any application or the Website or gain unauthorized access to such data, systems or networks; and (viii) not engage in any activities or do anything that would or could otherwise create any liability for Ovvio, its affiliates, or other users of the Website or the Services or any third party service providers.
You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary or useful for providing the Services, or for evaluating whether you have breached the Terms of Service or applicable laws and/or for handling any complaint against you. If your failure to do so results in a delay in, or the suspension or termination of, the provision of any Service (including, without limitation, the provision of access to the Website and/or any available application), Ovvio shall not be obliged to extend the relevant Service period nor be liable in any way for any loss or damage arising out of or in connection with such delay, suspension or termination.
[Ovvio reserves the right in its sole and absolute discretion to remove, modify, adapt or reject any user content that you submit to, post or display on the Website, which Ovvio reasonably believes is unlawful, inappropriate, violates the Terms of Service, could expose Ovvio, its affiliates or any third service providers to any kind of risk or liability.]
If you breach any Terms of Service, any Specific Agreement or any applicable laws or regulations, or if Ovvio reasonably believes that you are or are about to be in breach of any Terms of Service, any Specific Agreement or any applicable laws or regulations, Ovvio shall have the right to take any remediation measures it may deem necessary or appropriate in its sole and absolute discretion, each time without liability or compensation due to you for any loss or damage arising out of or in connection with such measures, including, without limitation, (i) suspending or terminating the your account(s) and any and all other account(s) determined to be related to such account(s) by Ovvio in its sole and absolute discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service or any application; [(iii) removing any user content that you have submitted, posted or displayed, or imposing restrictions on the number or type of products, services, tokens, or user content that you may invest in or purchase]; (iv) imposing other restrictions on your use of any features or functions of any Service or application as Ovvio may consider appropriate in its sole and absolute discretion; (v) terminating at any time and with immediate effect any Specific Agreement; and (vi) taking any other measure as Ovvio may deem necessary or appropriate in its sole and absolute discretion.
Without limiting the generality of the provisions of the Terms of Service, you will be considered as being in breach in any of the following circumstances: (i) any of your representation, warranty or obligation pursuant to the Terms of Service or, if and as applicable, any Specific Agreement is breached, not complied with or proves to be (or become) untrue, misleading or incorrect; (ii) upon complaint or claim from any third party or Ovvio's affiliates; (iii) Ovvio reasonably believes that you have willfully or materially failed to perform a contract with a third party (where relevant); (iv) Ovvio has reasonable grounds to suspect that you are acting illegally or have provided to Ovvio or a third party (where relevant), illegal, false or misleading information; (v) Ovvio has reasonable grounds to suspect that any information provided by you is not complete or is inaccurate, misleading or not Up-to-Date; or (vi) Ovvio believes that your actions may cause financial loss or legal liability to Ovvio, our affiliates, third party service providers or any other users of the Website, any application or our Services.
Ovvio reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, court and other competent authorities in any jurisdiction in the investigation of any suspected criminal, administrative, or civil wrongdoing. Ovvio may disclose your identity, contact information and any other information, including, without limitation, information regarding your account(s) and/or relationship with us and any transactions or activities carried out by you, if requested by any of the aforementioned authorities, courts or bodies, or as a result of any legal action. In no event whatsoever shall Ovvio, its affiliates and third party service providers be liable for damages arising out of or in connection with such disclosure.
[You further agree that Ovvio and its affiliates are not responsible, and shall have no liability to you or anyone else for any user content or other material transmitted through the Website, any application or Services, including, without limitation, for fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material, and that the risk of damage from such user content or other material rests entirely with you. Ovvio reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Ovvio in asserting any available defense.]
To the maximum extent permitted by law, and unless otherwise provided for in any Specific Agreement, no express or implied representation or warranty is made by Ovvio or on behalf of Ovvio with regard to the Services, including, without limitation, with regard to services or products provided by independent third parties on or through the Website, any application or otherwise.
To the maximum extent permitted by law, and unless otherwise provided for in any Specific Agreement, Ovvio shall not be liable to you for any damages whatsoever, including, without limitation, any special, direct, indirect, punitive, incidental or consequential damages (including but not limited to damages for loss of profits or savings, business interruption, loss of information) and, in particular, for damages resulting from or in connection with any of the following: (i) the use or the inability to use the Website, any application or the Services; (ii) any defect or failure in or regarding any transaction settlement, token, token underlying asset, data, information or services purchased or obtained by or from you, any issuer or any other third party through the Website, any application or Services; (iii) any violation or asserted violation of [the copyright, patent, trademark, trade name, trade secrets, or any other personal, proprietary or other rights of any third party ("Third Party Rights")]; (iv) unauthorized access by third parties to data or private information of user; (v) any of your statements or conduct [or any User Content].
You hereby agree to fully indemnify and hold Ovvio, our affiliates, and the directors, officers, agents, representatives and employees of Ovvio and our affiliates harmless from and against any and all damages, losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with (i) your access to or use of the Website, any application or the Services [(including but not limited to the submission, posting or display of your information [(including User Content)] on the Website)]; or (ii) your breach of any of the terms or conditions of the Terms of Service, any Specific Agreement or any applicable laws or regulations, including, without limitation, any breach or inaccuracy of any representation or warranty made by you under the Terms of Service or any Specific Agreement and any claim asserted in connection with Third Party Rights.
Under no circumstances shall Ovvio, our affiliates or any third party service providers, be held liable for any delay or failure or disruption of the Services or of the access to the Website or any application that may result directly or indirectly from a Force Majeure Case. A "Force Majeure Case" shall mean any act of nature, any force and any cause that results in a delay or failure or disruption of the Services or of the access to the Website or application and that is beyond Ovvio's control, it being specified that Force Majeure Cases shall include, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, pandemic(s), flood, storms, explosions, war, governmental action(s), enforcement or legal proceeding affecting you or transactions, including any product, orders of domestic or foreign authorities, court(s) or tribunals or non-performance of third parties.
Unless otherwise provided for in these Terms of Service or any Specific Agreement, all legal notices, including, without limitation, termination notice, or complaints, or demands to Ovvio shall be made in writing and sent to Ovvio personally, by courier or registered mail to the following entity and address: Ovvio Ltd, Rue du Rhône 118, 1204 Geneva, Switzerland. The notices shall be effective when they are received by Ovvio in any of the aforementioned manner. All legal notices, communications or demands to you shall be effective if either delivered personally, sent by courier, certified mail or email to the last-known correspondence or email address provided by you to Ovvio. Notice to Ovvio shall be deemed to be effective if and when Ovvio is able to demonstrate that the communication, whether in physical or electronic form, has been sent to you. You explicitly agree that all agreements, notices, demands, disclosures and other communications that Ovvio sends to you electronically will satisfy any legal requirement that such communication should be in writing.
Subject to any other terms or remedies provided for by the these Terms, and further subject to any other or more specific term of any specific agreement entered between you and Ovvio, any violation of the Terms of Service by you, or if you otherwise creates a risk or a possible legal exposure for Ovvio or any other person, Ovvio may terminate (in whole or in part) any agreement in place with you and stop providing all or part of the Services and/or access to the Website, platform or any application, which will be notified thereof by email or the next time it attempts to log-in into its account or in any other suitable manner. Subject to any restriction or limitation set out in these Terms or in a term of any specific agreement entered between you and Ovvio, you may also delete your accounts or disable any Ovvio applications at any time. In case of termination, account(s) deletion or application disabling by you, the Terms of Service shall terminate accordingly, save for clauses 10, 11, 13 to 18 hereof and such other clauses hereof that are intended to continue and survive such deletion or termination.
Subject to any Specific Agreement, the Terms of Service constitute the entire agreement between you and Ovvio with respect to your use of the Website, any application and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
Ovvio and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is created or intended to be created by the Terms of Service.
In the event that one or several terms or provisions of the Terms of Service shall be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of any other terms and provisions in any way. In such case, the invalid or unenforceable term or provision shall be replaced by such valid and enforceable term or provision the content of which shall reflect as closely as possible the commercial and legal purpose and intent of the provision or term replaced.
No failure on the part of Ovvio to exercise, or any delay on its part in exercising, any of the rights under the Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of a right under the Terms of Service preclude any further or other exercise of that or any other such right.
Ovvio shall have the right to assign the Terms of Service (including all of its rights, titles, benefits, interests, and obligations and duties under the Terms of Service) to any person or entity (including, without limitation, any affiliates of Ovvio). Unless explicitly authorized under the Terms of Service or under a Specific Agreement, Users may not assign, in whole or in part, the Terms of Service to any person or entity.
These Terms of Service shall in all respects be governed by and construed exclusively in accordance with the laws of Switzerland (without regard to conflict of laws rules). The applicability of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention), as amended from time to time, is excluded. To the extent permitted by mandatory law, you expressly waive the application of the law of your jurisdiction of residence or incorporation, which may be more favorable to you.
All disputes arising out of or in connection with the Terms of Service shall be submitted to the exclusive jurisdiction of the courts of Geneva, Switzerland. The submission to such jurisdiction shall not (and shall not be construed so as to) limit the right of Ovvio to bring any legal action or proceedings with respect to the Terms of Service in any other competent jurisdiction, whereby Swiss law shall remain applicable in any case. With respect to the enforcement of any of your obligations under these Terms, and if there is no ordinary place of foreclosure in Switzerland pursuant to the Swiss Debt Collection and Bankruptcy Act, the place of foreclosure shall be at the registered seat of Ovvio which shall operate as your elected domicile pursuant to article 50(2) of the Swiss Debt Collection and Bankruptcy Act.
If you have any question on these Terms of Service or for any notification of breach, please contact us to:
Ovvio Ltd
Rue du Rhône 118
1204 Geneva
Switzerland
E-mail: customersupport@base10.finance
