Terms and Conditions of Use:

These Terms and Conditions of Use govern the website www.Procap.ch (the Website) and the activities of streamwise. They explain our privacy policy, your rights when using our services, our rights, and the rules we set out for our website users. By using the website www.Procap.ch (the Website), you agree to these Terms and Conditions of Use (Terms & Conditions). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using the Website once we have posted any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them.

1. Scope

These Terms & Conditions apply to your use of the Website which is owned or operated by streamwise.

2. Privacy Policy

We are committed to protecting your privacy. All personal data that we collect from you will be processed in accordance with our Privacy Policy below. You should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference. You confirm that when using this Website, you consent to your personal data being used and processed in accordance with our Privacy Policy.

3. Becoming a Registered Customer

You do not have to become a registered customer to use this Website. However, if you do not register, some of the services and features offered on this Website will not be available to you. In particular the software download tool relies on the creation of a personal user account. We do not charge you for becoming a registered user of our Website, but some services or features are only available to you against payment of a fee (see section 4. Becoming a customer). You must register in accordance with instructions that you will find on this Website to participate in. If you chose to become a Registered Customer of our Website, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update such data and to keep it accurate. You also consent to your data being used in accordance with our Privacy Policy.

4. Newsletters and other Mailings

We promise not to contact you without your approval. If you have given us your approval, we may send out newsletters and other mailings, for direct marketing or other purposes, via e-mail, text message (SMS) and other means to our registered users and commercial partners who subscribed to those services.

5. Password and User Account Security

If you are a registered customer of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

6. Cancellation of User Account

If you do not comply with these Terms & Conditions at any time, we reserve the right to suspend or deactivate your user account without prior notice or liability.

7. Disclaimers of Warranties

We do not guarantee any accuracy, availability, functionality or freedom from viruses of this Website. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. Further, we do not provide any guarantees of any kind with regard to any contents and materials on this Website.

8. Limitation of Liability

Any liability by streamwise is hereby excluded to the extent such exclusion is permitted by law.

9. Governing Law and Choice of Forum

These Terms & Conditions are governed by the substantive laws of Switzerland. To the extent a choice of forum is permissible, the courts of Zurich 1 are exclusively competent for any and all disputes arising out of or in connection with these Terms & Conditions or in connection with the use of this Website.

10. General Provisions

If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. 

11. Privacy Policy

Like most websites, we collect a certain amount of data about our website users in order to provide optimal communications and personalised services. When you or other customers request services from us, we process your information securely and safely to provide these services to you in the best possible way. We have a comprehensive privacy policy and data protection strategy in place. You can be confident that your customer data is safe with us and will be treated with respect and in full alignment with this policy. This Privacy Policy governs the website www.procap.ch It explains how we collect information about you on our website, how we process, use and protect that information, and the choices you have concerning the use of that information. The key points covered by this policy are:

  • What information we collect
  • Why we collect it
  • How we use and protect it
  • The choices you have