As of 09/2022
1. Scope of application
1.1 These Terms and Conditions of Use apply to your use of eAccess Mobile, including all functions within eAccess Mobile. This agreement is a legally binding contract between Glutz on the one hand and any person accessing or using the app or any of its features (‘you’ or ‘your’) on the other. Please read these Terms and Conditions carefully before downloading, installing or using eAccess Mobile.
2. Accessing eAccess Mobile
2.1 Once installed on a compatible mobile device and once you have registered with Glutz, eAccess Mobile enables end users to interact with compatible systems. ‘You’ means (i) the company contracting with Glutz (that is to say through your employees, contractors and auxiliaries acting on your behalf) and (ii) all end users. An end user is a natural or legal person who has downloaded eAccess Mobile.
2.2 Use of eAccess Mobile is subject to your compliance with and acceptance of the following provisions of the Terms and Conditions of Use. You acknowledge and agree that by clicking on the acceptance button or any similar button or link designated by Glutz to display these Terms and Conditions of Use and/or to install eAccess Mobile, you are entering into a legally binding agreement. You are not entitled to use eAccess Mobile (or any part thereof or any related services provided by Glutz) unless and until you accept these Terms and Conditions of Use and any other guidelines that Glutz may draw up from time to time and make available to you.
2.3 You hereby give assurance and warranty that you are authorised to enter into these Terms and Conditions of Use on your own behalf and/or on behalf of the company you claim to represent, and you further warrant that your registration details are accurate and complete. This agreement shall enter into force on the date on which you install eAccess Mobile.
3. Applicability and changes
3.1 By downloading, installing, activating or using eAccess Mobile, you agree to accept and to be bound by these Terms and Conditions of Use. You acknowledge and agree that we do not control and need not verify that the person accepting these Terms and Conditions of Use by registering, downloading, installing and/or using eAccess Mobile is legally authorised by you to do so. It is your sole responsibility to ensure the verifiable authorisation of persons acting on your behalf.
3.2 These Terms and Conditions of Use shall apply in the version in force at the time of installation or update of eAccess Mobile. Glutz reserves the right to change these Terms and Conditions of Use at any time and without notice by posting the changes on the website (www.glutz.com) or by updating eAccess Mobile to incorporate the new Terms and Conditions of Use. You are responsible for regularly reviewing the information Glutz posts online in order to receive timely notice of any such changes. You agree that we may notify you by e-mail, via a message on your device, or by any other appropriate means. If you continue to use eAccess Mobile after we have posted or notified you of any changes, you agree to be bound by the amended Terms and Conditions of Use. If you do not agree to these, you must immediately desist from downloading, installing or using eAccess Mobile.
4. Intellectual property and licence
4.1 eAccess Mobile and all materials contained in eAccess Mobile (including software, text, images, tools etc.) are protected by copyright and other intellectual property rights.
4.2 Subject to the Terms and Conditions of Use, Glutz grants you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable right to use eAccess Mobile to the extent necessary for your intended use of the system and subject to your consent to and compliance with these Terms and Conditions. Downloading, installing and/or using eAccess Mobile does not transfer to you any rights (including intellectual property rights) in respect of eAccess Mobile or any part thereof.
4.3 Use of eAccess Mobile does not include the provision of any device or other equipment required for access or use. In order to use eAccess Mobile, you will need an internet connection and suitable telecommunications connections. Glutz accepts no responsibility or liability for any telephone or other charges that you may incur.
5. Use of eAccess Mobile
5.1 You may only use eAccess Mobile for the agreed purpose, only on a device that you own or control at all times and only if you comply with these Terms and Conditions and any additional terms that apply to your use of eAccess Mobile. You may not disable or circumvent any restrictions imposed by your mobile operating system. You may not reproduce, distribute, reverse engineer, modify, copy, rent out, market, sell or otherwise transfer or make available to any third party eAccess Mobile or any third party system (or any part thereof) except as permitted by applicable law. When using eAccess Mobile, you must comply with all applicable third-party contractual terms and conditions.
5.2 You are prohibited from using eAccess Mobile in any way or transmitting anything to Glutz or eAccess Mobile or any other user of eAccess Mobile that in any respect violates any law, statute, rule or regulation.
6. Duty of due care
6.1 You must treat eAccess Mobile, the tools and your device with reasonable care, bearing in mind that eAccess Mobile may be used for critical functions such as access to restricted areas, offices and premises and that unauthorised use of eAccess Mobile may be detrimental to you. You should generally treat your device with the same care as you would your keys.
6.2 In particular, you must activate a PIN or other similar security measure to protect your device from unauthorised access or use. You must not allow anyone other than a person expressly authorised by you to access or use your device and you must never leave your device unattended.
6.3 If you fear that unauthorised third parties have gained access to your device, you are obliged to report this immediately to the responsible authority.
6.4 If you intend to sell or otherwise transfer or dispose of your device, you must first uninstall eAccess Mobile and remove your SIM card from the device. If you decide to stop using your SIM card, you should physically destroy it.
7. Guarantee
7.1 We undertake all commercially reasonable efforts to ensure the accessibility, availability and functionality of eAccess Mobile on an ongoing basis, but you must accept that we cannot protect you or eAccess Mobile from the effects of misuse, hardware or software failures or other adverse events. We may also rely on third parties to provide products and services for whom we cannot make any warranties or accept any responsibility. In addition, the accessibility, availability and/or functionality of eAccess Mobile may be suspended or limited during maintenance, repairs or feature rollouts performed by us or third parties. All warranties, assurances, representations, guarantees etc., whether express or implied, are excluded to the fullest extent permitted by applicable law. You use eAccess Mobile at your own risk. You should not rely exclusively on the availability of eAccess Mobile for critical applications.
7.2 Glutz does not offer any warranty that eAccess Mobile is compatible with all hardware and software used by you. Glutz shall not be liable for any damage or viruses or other code that may affect any device (including but not limited to your device), software, data, information or other property as a result of downloading, installing, accessing or using eAccess Mobile. Glutz admits no liability for the acts or omissions of third parties. If necessary, Glutz may suspend access to or use of eAccess Mobile (or any part thereof) or withdraw it from the market in whole or in part, without Glutz being liable in consequence.
7.3 Glutz gives no assurance or warranty, express or implied, that the information, results and materials on or in eAccess Mobile are correct; no assurance or warranty, express or implied, is given that they are complete, accurate, up to date or fit for a particular purpose; furthermore, to the fullest extent permitted by law, Glutz accepts no liability for any errors or omissions.
8. Liability and indemnification
8.1 You assume all responsibility and risk in relation to your use of eAccess Mobile. Glutz excludes any liability for all damages and claims (of whatever nature and extent and on whatever legal grounds), except for damages caused by Glutz intentionally or through gross negligence.
8.2 You agree to indemnify, defend and hold harmless Glutz and all companies affiliated with Glutz, their successors and authorised representatives from and against any and all losses, expenses, damages, costs and disbursements (including legal fees) alleged or claimed by any third party due to or arising out of your use of eAccess Mobile and/or any breach of these Terms and Conditions of Use.
8.3 You hereby give assurance and warranty that (i) your use of eAccess Mobile will be in strict accordance with these Terms and Conditions of Use and with all applicable laws and regulations and (ii) your use of eAccess Mobile will not infringe or misappropriate the intellectual property rights of any third party.
9. Data protection
9.1 When you download, install, activate or use eAccess Mobile, we may receive or collect information about you and your use, including contact information relating to your use of eAccess Mobile. If you provide information to us, you confirm that such information is accurate and complete and will be updated by you on a regular basis. In addition, you give assurance that you have obtained all necessary authorisations, licenses, consents and agreements to enter into and perform these Terms and Conditions of Use and make use of eAccess Mobile as set out in these Terms and Conditions.
9.2 Glutz may store and use the personal data and other information provided and collected in eAccess Mobile, for the following purposes in particular: (i) to provide and support eAccess Mobile, (ii) to process your use of eAccess Mobile, (iii) to measure your use of eAccess Mobile, (iv) to customise and improve eAccess Mobile and related services, (v) to detect and prevent misuse of eAccess Mobile and loss or theft of your device, and (vi) to protect Glutz’s legitimate interests. For more information on privacy and data protection, please visit www.glutz.com.
10. Termination
10.1 Your right to use eAccess Mobile will automatically terminate if you breach these Terms and Conditions, if you sell, otherwise transfer, deliver or assign, dispose of or cease to use your device, or if you uninstall eAccess Mobile from your device. In addition, we may terminate all of your rights to use eAccess Mobile at any time, without cause, by giving you notice by letter, e-mail or other appropriate means. Upon notice of termination, you must uninstall eAccess Mobile from your device.
11. Miscellaneous provisions
11.1 These Terms and Conditions of Use constitute the entire agreement between you and Glutz with respect to the use of eAccess Mobile and supersede any prior agreement between you and Glutz on this subject.
11.2 If individual provisions of these Terms and Conditions of Use are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid provisions, that legally valid provision shall be deemed agreed which approximates as closely as possible in economic terms to the purpose pursued by the invalid provision. The same shall apply in the event that there are loopholes in these Terms and Conditions.
11.3 Glutz may assign or transfer these Terms and Conditions of Use, or any part of them, to any third party of its choice at any time. You may not assign or transfer these Terms and Conditions of Use (or any part thereof) to any other company or person without Glutz’s prior written consent or pretend to do so; any such assignment or transfer shall be invalid.
11.4 Amendments or supplements to these Terms and Conditions of Use must be made in writing in order to be effective.
12. Jurisdiction / court of law
12.1 These Terms and Conditions of Use, as well as any access to and use of eAccess Mobile, shall be governed exclusively by Swiss law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 The place of jurisdiction in connection with all disputes is the registered head office of Glutz.
