2.2. schedulR is a platform that connects listed companies with investors. It allows corporate Customers (Corporates), partners of Interaction Partners, such as investor relations firms and stock exchange operators – e.g. SIX Swiss Exchange AG – (Partners) and Interaction Partners to advertise investor relations events to investor Customers (Investors) and to invite Investors to their respective events (Investors, Corporates and Partners are also individually or collectively referred to herein as Customers). It also allows Investors to ask for or accept invitations to such events. The information provided on the Website further specifies the purposes and intended use of schedulR. Customer agrees that Interaction Partner may modify such information at any time.
2.3. Customer agrees that Interaction Partners may modify or withdraw schedulR (or any part thereof) at any time. Modifications of schedulR will replace previous versions of schedulR.
3.2. At any time, the Right of Use relates to Customer’s access to and use of the most current version of schedulR made available to Customer on the Website.
4.2. Customer shall not, and shall not permit any third parties to rent, lease, lend, resell, or transfer schedulR or any part thereof; modify or create derivative works based on schedulR; disassemble, decompile or reverse engineer schedulR; or work around technical limitations of schedulR or security measures incorporated therein; except (in each case) to the extent applicable law permits Customer to do so.
4.3. Interaction Partners may suspend or limit Customer’s access to and use of schedulR during any breach of Clauses 4.1. or 4.2.. Further, Interaction Partner reserves the right to revoke Customer’s Right of Use in the event of Customer’s continued breach of Clauses 4.1. or 4.2., provided Customer fails to remedy such breach within ten (10) days of receipt of Interaction Partners’ non-compliance notice.
5.2. If Interaction Partners suspends, limits or revokes Customer’s Right of Use for any reason, Customer is prohibited from registering and creating a new user account.
5.3. Upon expiry of the Term for any reason, the Rights of Use granted under these Terms expire, and Customer shall cease accessing or using schedulR.
6.1. Interaction Partners warrants that the version of schedulR made available on the Website at any time will perform substantially as described on the Website. At any time during Customer’s access and use of schedulR, this warranty refers to the version of schedulR currently made available on the Website.
6.2. In the event of a breach of the warranty pursuant to Section 6.1., Customer’ sole remedy shall be to request, by contacting the helpdesk made available by Interaction Partners that Interaction Partners remove the failure identified and documented by Customer. Customer may contact the helpdesk at support@schedulR.ch. In order to remove the failure, Interaction Partners may correct or replace the part of schedulR that causes the failure or replace the current version of schedulR with a new version.
6.4. The preceding warranties (Sections 6.1.–6.3.) are the exclusive warranties that Interaction Partners provides in relation to schedulR; they expire upon expiry of the Term for any reason. Interaction Partners expressly excludes all other warranties, representations, guarantees and remedies of any kind, whether express, implied, statutory or otherwise regarding schedulR. Interaction Partners does not warrant uninterrupted or failure-free availability of schedulR, or that Interaction Partners will remove all failures. In addition, Interaction Partners disclaims any warranties of merchantability and fitness of schedulR for a particular purpose that is not in accordance with the purpose referred to on the Website, or any conditions of satisfactory quality or that schedulR meets Customer’s requirements. The foregoing exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.
7.1. schedulR may allow Customer (as Corporate, Investor or Partner) to post, display, transmit, perform, publish, distribute, or otherwise process posted, displayed, transmitted, performed, published, stored, distributed or make available text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material, including without limitation information about events, or Corporate profiles or Investor profiles created and made available on schedulR (collectively Customer Contributions).
7.3. Interaction Partners may suspend or limit Customer’s access to and use of schedulR during any breach of Customers representations and warranties set out in Clause 7.2.. Further, Interaction Partner reserves the right to revoke Customer’s Right of Use in the event of Customer’s continued breach of Customers representations and warranties set out in Clause 7.2., provided Customer fails to remedy such breach within ten (10) days of receipt of Interaction Partners’ non-compliance notice.
9.1. Interaction Partners’ liability for any damages, whether derived from torts or breaches of contract (Damages) in connection with Customer’s access and use of schedulR shall be limited to the amount of CHF 10,000 (or equivalent) per calendar year. The foregoing limitation shall not apply to Damages caused by willful misconduct or gross negligence.
9.2. To the maximum extent permitted by law, Interaction Partners shall not be liable, in any event, to Customer and its directors, officers, employees, shareholders, affiliates, suppliers, contractors, agents and representatives for any consequential or indirect damages, including without limitation lost profits, loss of use, cost of procurement of substitute goods or services or for any indirect, or punitive or other non-compensatory damages.
9.3. Solely Corporates or, as applicable, Partners are responsible for Customer Contributions made available to Investors by any means in connection with their use of schedulR. Interaction Partners will not check the accuracy or completeness of Customer Contributions and shall not be obligated to do so. None of the Customer Contributions constitute an offer, a solicitation of an offer or a recommendation by Interaction Partners to buy investment products or enter into transactions of any kind. The Customer Contributions cannot replace consultation with a financial or other independent professional advisor. Interaction Partners disclaims all liability for damages or losses incurred by Investors’ relying on Customer Contributions.
Version: 4 November, 2020.