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Legal Notice

Purpose and acceptance

This legal notice regulates the use of the website www.xcusas.ch hereinafter referred to as the website, owned by Sandy Paola Garavito Malagón, hereinafter referred to as the PROVIDER.

The PROVIDER of the website makes this document available to users in order to comply with the obligations laid down in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, as well as to inform all users of the conditions of use of the website.

Browsing the PROVIDER's website attributes the condition of user of the same and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications.

This website has been created by the PROVIDER for information purposes and for the personal use of users. The purpose of this legal notice is to regulate access to and use of this website, as well as the relationship between the website and its users.

By accessing this website you accept the following terms and conditions:

a) Access to this website is the sole responsibility of the users.
b) Simple access to this website does not imply the establishment of any type of commercial relationship between the PROVIDER and the user.
c) Accessing and browsing this website implies acceptance and knowledge of the legal warnings, conditions and terms of use contained therein.
d) The PROVIDER may offer services that may be subject to specific conditions that, depending on the case, replace, complete and/or modify the present conditions, and about which the user will be informed in each specific case.
e) The user undertakes to make correct use of the website in accordance with the law, good faith, public order, traffic uses and this Legal Notice. The user will be liable to the PROVIDER or third parties for any damages that may be caused as a result of a breach of this obligation.

About

Under the Internet domain xcusas.ch the services of:

Provider: Sandy Paola Garavito Malagón
TAX IDENTIFICATION NUMBER:
In order to communicate with the PROVIDER, the following means of contact are available to users:

Telephone: +41 76 745 04 78
E-mail address: info@xcusas.ch

All notifications and communications between users and the PROVIDER shall be considered effective, for all purposes, when they are made through any of the aforementioned means.

Content

The website offers information to the activewear and user about sports products and online personal training sessions that can be purchased through the online store made available by the PROVIDER. The information provided on the website should be understood as a guide and in no way replaces personalised advice.

Access to the website

Access to the website is free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the user, and implies unreserved acceptance of these general conditions of use, which the user declares to have fully understood.

In general, access to the informative contents of the website does not require prior registration by the user

However, some of the services offered on the website require the prior registration of the user by filling in the corresponding electronic registration forms established for this purpose on the website and the acceptance of the terms and conditions of use established by the PROVIDER for this purpose.

Passwords or similar

In the event that any service of the website includes access codes or user names, the User shall choose and indicate their own access codes (user name, log, password, password, or similar), and may not choose for them words, expressions or graphic-denominative sets that are offensive, insulting, coincide with brands, commercial names, business signs, company names, advertising expressions, names and pseudonyms of public figures or celebrities whose use is not authorised and, in general, contrary to the law or to the requirements of morality and generally accepted good customs.

The assignment of the user name (log) occurs automatically after the User's choice. In the event that the requested passwords are reserved, the User must enter new passwords. The User undertakes to make diligent use of the access codes, not to make them available to third parties, and to inform the PROVIDER of the loss or theft of the access codes and possible access to them by a third party.

Minors

In relation to browsing on the website by minors, the user is warned that the PROVIDER cannot control, apart from other circumstances, that minors under 14 years of age make use of the website and its services.

Therefore, the PROVIDER assumes no responsibility whatsoever in this regard, and informs that parents and guardians shall be solely responsible for controlling and assisting minors when browsing this website and for enabling any other necessary mechanisms that, where appropriate, prevent minors from accessing the website and/or its services, and the PROVIDER shall not accept any claim in this regard.

In the event that some of our services are specifically aimed at minors, the PROVIDER will request the consent of parents or guardians for the collection of personal data or, where appropriate, for the automated processing of data.

Rules for use of the website

The user undertakes to use the website and all its content and services in accordance with the law, morality, public order and these general conditions.

The PROVIDER may interrupt access to its website at any time if it detects a use contrary to the law, good faith or these general conditions.

Likewise, the user expressly agrees and undertakes to make appropriate use of the contents and services of the website and not to use them for:

a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defense of terrorism or, in general, contrary to the law or public order.

b) To carry out illegal or criminal activities that infringe the rights of third parties and/or infringe intellectual and industrial property regulations, or any other applicable legal regulations.

c) Introduce into the network computer viruses or carry out actions likely to alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the PROVIDER or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the PROVIDER provides its services.

d) Attempting to access other users' e-mail accounts or restricted areas of the website and, where appropriate, extracting information.

e) Impersonating another user, public authorities or a third party.

f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally permitted.

g) Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.

Exclusion of Liability

The WEBSITE is hosted on a secure server with the necessary SSL security certificate, these being the tools available to the PROVIDER to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the user, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programmes.

The PROVIDER accepts no responsibility for any damage caused to the software and computer equipment of users or third parties during the use of the services offered on the website.

The PROVIDER shall not be liable for damages of any kind caused to the user as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the website service during or prior to the provision of the same.

The PROVIDER reserves the right to make any modifications it deems appropriate to its website without prior notice, being able to change, delete or add both the contents and services provided through the website and the way in which they are presented or located on the website.

Intellectual and industrial property

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the PROVIDER or, if applicable, it has a license or express authorisation from the authors.

All the contents of the website are duly protected by intellectual and industrial property regulations, as well as being registered in the corresponding public registers.

The total or partial reproduction, use, exploitation, distribution and commercialisation requires in any case the prior written authorisation of the PROVIDER.

Any use not previously authorized by the PROVIDER shall be considered a serious breach of the intellectual or industrial property rights of the author.

The designs, logos, text and/or graphics not belonging to the PROVIDER and which may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise in relation to them.

The PROVIDER recognises in favour of its owners the corresponding industrial and intellectual property rights, and their mere mention or appearance on the website does not imply the existence of any rights or responsibility of the PROVIDER over them, nor any endorsement, sponsorship or recommendation by the PROVIDER.

Links

The establishment of a hyperlink to an external third party website does not imply in any case the existence of commercial relations between the PROVIDER and the owner of the website where it is established, nor the acceptance and approval by the PROVIDER of its contents or services.

Those who intend to establish a hyperlink must request prior written authorisation from the PROVIDER.

The PROVIDER assumes no responsibility whatsoever for the information contained in third party web pages that can be accessed through links from any web page owned by the PROVIDER.

The presence of links on the PROVIDER's website is for information purposes only and in no case implies a suggestion, invitation or recommendation about them.

Sending Commercial Communications

Telecommunications Act (TCA)

of 30 April 1997 (Status as of 1 July 2021)

 

The Federal Assembly of the Swiss Confederation, based on Article 92 of the Constitution1,2 and having regard to the Federal Council Dispatch of 10 June 1996,

Users who provide their contact details to the PROVIDER by clicking on the "SEND" button on the electronic forms for collecting personal data on the website and tick the two consent boxes "I accept the processing of my data for the purposes indicated in the basic data protection information" and "I give my consent to receive commercial communications about your products and / or services", you expressly authorise and give your express, free and unequivocal consent to the PROVIDER to process your personal data for the purpose of sending you commercial communications about products and / or services by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent means of electronic communication.

The legal basis for this processing is the consent of the data subject, which may be revoked at any time.

IP Addresses

The website servers may automatically detect the IP address and domain name used by the user.

An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity file that allows the subsequent processing of the data in order to obtain only statistical measurements that allow us to know the number of page impressions, the number of visits made to the web services, the order of visits, the access point, etc.

Use of cookies

The PROVIDER, on its own account or that of a third party contracted to provide measurement services, may use cookies when the user browses the website.

Cookies are small information files that the server sends to the computer of the person accessing the website in order to record the user's activities during their browsing time and to be able to carry out certain functions that are considered essential for the correct functioning and visualization of the website.

The cookies used on the website are, in any case, of a temporary nature for the sole purpose of making subsequent transmission more efficient and disappear when the user's session ends. Under no circumstances will cookies be used to collect personal information.

The user has the possibility of configuring their browser to be notified of the reception of cookies and to prevent their installation on their computer. Please consult the instructions and manuals of your browser for further information.

Through the use of cookies it is possible for the server where the website is located to recognise the web browser used by the user in order to make browsing easier, allowing, for example, access to users who have previously registered, access to areas or services reserved exclusively for them without having to register on each visit. They are also used to measure the audience and traffic parameters, monitor progress and number of entries.

Responsibility

The PROVIDER disclaims any liability for the information published on its website, provided that this information has been manipulated or introduced by an external third party.

 

In accordance with aof 30 April 1997 (Status as of 1 July 2021) nThe Federal Assembly of the Swiss Confederation, based on Article 92 of the Constitution1,2 and having regard to the Federal Council Dispatch of 10 June 1996,on Information Society Services and Electronic Commerce, the PROVIDER makes available to users, competent authorities and security forces and bodies to remove or block content that violates the law, the rights of third parties or morality and public order.

The website has been checked and tested to ensure that it functions correctly. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, the PROVIDER does not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website.

In the event of any interruption to the functioning of the website, the PROVIDER undertakes to return it to a good working order as soon as possible.

Procedure in the event of unlawful activities

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the carrying out of any activity on the web pages included or accessible through the website, they must send a notification to the PROVIDER duly identifying themselves, specifying the alleged infringements and expressly declaring, under their own responsibility, that the information provided in the notification is accurate.

Applicable law and place of jurisdiction. This Agreement shall be governed exclusively by Swiss law.

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