Introduction
These Terms govern
the use of sbgs.ch and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized terms are defined in the relevant section of this document.
Users are requested to read this document carefully.
Sbgs.ch is a service of:
Swiss Business Group Solutions
Via Livio 5
6830
Chiasso,
Switzerland
Owner’s email address: info@sbgs.ch
What you should know at a glance
Please note that certain provisions of these Terms may apply only to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
TERMS OF USE
Unless otherwise specified, the terms of use of sbgs.ch set out in this section have general validity.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using sbgs.ch, the User declares that they meet the following requirements:
There are no restrictions regarding Users as to whether they are Consumers or Professional Users;
Content on sbgs.ch
Unless otherwise specified or clearly recognizable, all content available on sbgs.ch is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on sbgs.ch does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address related complaints to the contact details specified in this document.
Rights to the content of sbgs.ch
The Owner holds and expressly reserves all intellectual property rights in the aforementioned content.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on sbgs.ch, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on sbgs.ch, the User is authorized to download, copy and/or share certain content available on sbgs.ch exclusively for personal and non-commercial purposes, provided that attribution of authorship is observed as well as the indication of any other relevant circumstance required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through sbgs.ch, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grant of rights in content, are determined by such third parties and governed by their respective terms and conditions or, in their absence, by law.
Permitted use
Sbgs.ch and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is the User’s sole responsibility to ensure that the use of sbgs.ch and/or the Service does not violate any law, regulation, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to sbgs.ch or the Service, terminate contracts, and report any censurable activity carried out through sbgs.ch or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:
- violations of laws, regulations and/or the Terms;
- infringements of third-party rights;
- acts that may significantly prejudice the legitimate interests of the Owner;
- offenses against the Owner or a third party.
Limitation of liability and indemnification
Unless otherwise specified or agreed with Users, the Owner’s liability for damages related to the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User undertakes to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees, to the extent permitted by law, from any claim or demand – including, without limitation, legal fees and expenses – made by third parties as a result of or in connection with conduct in violation of these Terms, third-party rights or the law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, by way of fault.
The foregoing also applies to any claim brought by third parties (including, by way of example only, the Owner’s customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims of conformity.
Limitation of liability for the User’s activities on sbgs.ch
Unless otherwise specified and without prejudice to applicable legal provisions, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner’s liability for death, personal injury or damage to physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the User’s use of sbgs.ch has been appropriate and correct.
Unless the damages have been caused by willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner shall be liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Australian Users
Limitation of liability
No provision of these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and any other liability not otherwise excluded under these Terms, is limited, at the Owner’s discretion, to the re-supply of the services or the payment of the cost of having them supplied again.
US Users
Disclaimer of warranty
The Owner provides sbgs.ch “as is” and as available. Use of the Service is at the User’s own risk.
To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations and warranties of any kind – whether express, implied, statutory or otherwise, including, by way of example but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranties not expressly provided for in this document.
Without prejudice to the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free from viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to the computer system or mobile device or for any loss of data resulting from such operation or from the User’s use of the Service.
The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlink. Furthermore, the Owner does not participate in or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or may not function properly with the User’s browser, device and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants Users specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any indirect, intentional, incidental, special, consequential or exemplary damages, including, by way of example but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User account or the information contained therein;
any error, omission or inaccuracy in the content;
personal injury or property damage of any nature resulting from the User’s access to or use of the Service;
any unauthorized access to the Owner’s secure servers and/or any personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojans or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party.
In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding the amount paid by the User to the Owner during the preceding 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the User had been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages; therefore, the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms shall not apply beyond the limits provided by applicable law.
Indemnification
The User undertakes to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, charge or debt and expense, including, without limitation, legal fees and expenses, arising from
the User’s use of or access to the Service, including any data or content transmitted or received by the User;
the User’s violation of these Terms, including, by way of example but not limited to, any breach by the User of any representation or warranty set forth in these Terms;
the User’s violation of any third-party right, including, but not limited to, any right relating to privacy or intellectual property;
the User’s violation of any applicable law, rule or regulation;
any content submitted from the User’s account, including, by way of example but not limited to, misleading, false or inaccurate information and including cases where access is made by third parties using the User’s personal username and password or other security measures, if any;
the User’s willful misconduct; or
the User’s violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common provisions
No waiver
The Owner’s failure to exercise any statutory rights or claims arising from these Terms shall not constitute a waiver of such rights. No waiver shall be considered final with respect to any specific right or any other right.
Service interruption
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, providing appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the operation of the Service. In the event of termination of the Service, the Owner will endeavor to allow Users to retrieve their personal data and information and will respect Users’ rights relating to continued use of the product and/or compensation, in accordance with legal provisions.
Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructure failures, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit sbgs.ch or the Service, in whole or in part, without the prior written consent of the Owner, granted directly or through a legitimate resale program.
Privacy policy
Information on the processing of personal data is contained in the privacy policy of sbgs.ch.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to sbgs.ch, are held exclusively by the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties.
All trademarks – whether word or figurative – and any other distinctive sign, trade name, service mark, illustration, image or logo appearing in connection with sbgs.ch are and remain the exclusive property of the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In such case, the Owner will give appropriate notice of the changes to Users.
The changes will take effect in the relationship with the User only from the time communicated to the User.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service and may withdraw from the Agreement.
The previous version shall continue to govern the relationship until the User accepts the changes. Such version may be requested from the Owner.
If required by law, the Owner will inform Users in advance of the effective date of the modified Terms.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract any or all of the rights and obligations under these Terms, taking into account the legitimate interests of Users.
The provisions relating to the modification of these Terms shall apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the prior written consent of the Owner.
Contacts
All communications relating to the use of sbgs.ch must be sent to the contact details indicated in this document.
Severability clause
If any provision of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to become ineffective, which shall therefore remain valid and effective.
US Users
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter governed and prevail over any other communication, including any prior agreements, between the parties relating to the subject matter governed.
These Terms shall be enforced to the fullest extent permitted by law.
European Users
If any provision of these Terms should be or become null, invalid or ineffective, the parties shall endeavor to amicably identify a valid and effective provision to replace the null, invalid or ineffective one.
In the absence of such agreement within the above terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision shall be replaced by the applicable statutory provision.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
Governing law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.
Precedence of national law
However, notwithstanding the foregoing, if the law of the country in which the User is located provides a higher level of consumer protection, such higher level of protection shall prevail.
Exception for Consumers in Switzerland
If the User acts as a Consumer in Switzerland, Swiss law shall apply.
Exception for Consumers in Brazil
If the User qualifies as a Brazilian Consumer and the product and/or service is marketed in Brazil, Brazilian law shall apply.
Jurisdiction
Exclusive jurisdiction over any dispute arising out of or in connection with the Terms shall lie with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil who qualify as Consumers.
Definitions and legal references
Sbgs.ch (or this Application)
The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Brazilian (or Brazil)
Applies when the User, regardless of nationality, is located in Brazil.
Business User
Any User who does not fall within the definition of Consumer.
Digital Product
It is a Product that consists of:
content produced and provided in digital format; and/or
a service that allows the creation, processing, storage or access of data in digital format, or the sharing or any other interaction with data in digital format uploaded or created by the User and by any other User of sbgs.ch.
European (or Europe)
Applies when the User, regardless of nationality, is located in the European Union.
Owner (or We)
Means the natural or legal person who provides sbgs.ch and/or offers the Service to Users.
Service
The service offered through sbgs.ch as described in the Terms and on sbgs.ch.
Terms
All conditions applicable to the use of sbgs.ch and/or the provision of the Service as described in this document as well as in any other document or agreement related thereto, in their respective most up-to-date version.
User (or You)
Means any natural person who uses sbgs.ch.
Consumer
Any User who is considered a Consumer under applicable law.
Last updated: 29 August 2025