General Terms and Conditions

These General Terms and Conditions govern the use of the website of CAPOL AG, Oberfeldstrasse 20, 8302 Kloten, Switzerland, including the information, contact options and content made available on it.

They apply to all persons who access or use the website. They govern exclusively the use of the website. Separate contracts, quotations, order confirmations or product-specific contractual terms apply to software, SaaS services, project services, support, maintenance, training or any other services provided by CAPOL AG.

1. Provider and Scope of Application

These Terms and Conditions apply to the use of the CAPOL AG website as well as to the content and communication options made available on it.

The website serves to provide information about CAPOL AG as well as about the products, services and areas of activity of the corporate group. These Terms and Conditions apply exclusively to the website itself and not to the conclusion of separate contracts for products or services.

2. Informational Nature of the Website

The information published on this website is provided for general information purposes only.

All information is provided to the best of our knowledge, but without any guarantee as to its timeliness, accuracy, completeness or permanent availability. Unless expressly stated otherwise, the content of the website does not constitute a legally binding offer or any assurance of specific characteristics or availability.

3. No Contract Conclusion via the Website

The use of this website, the submission of a contact form, or any other electronic contact made through the website does not in itself create a contract for software, licences, SaaS services, support, maintenance, project services or any other services.

Contracts are concluded exclusively through a separate written agreement or another arrangement expressly confirmed by CAPOL AG.

4. Permitted Use of the Website

The website may only be used lawfully and within the scope of its intended purpose.

The following are prohibited in particular:

• any misuse of the website or its contact options
• interference with the technical operation or security of the website
• attempts to gain unauthorised access to systems, data or functions
• automated extraction of website content without the consent of CAPOL AG
• use of the website for unlawful, deceptive or harmful purposes

CAPOL AG reserves the right to restrict or block access to the website or to individual functions in the event of misuse.

5. Intellectual Property

All content on the website, in particular texts, images, graphics, logos, marks, designs, layouts, downloads, documents and other content, is owned by CAPOL AG unless stated otherwise, or is used under corresponding rights of use.

Any reproduction, editing, distribution, publication, public communication or any other use beyond the narrow limits permitted by law requires the prior written consent of CAPOL AG.

Trademarks, company names, product names and logos on the website are legally protected. No rights in them are transferred through the use of the website.

6. Availability and Technical Changes

CAPOL AG endeavours to ensure that the website is available with as little disruption as possible. However, uninterrupted, error-free and secure availability of the website at all times is not guaranteed.

CAPOL AG may change, supplement, restrict or discontinue the website or individual content, functions, design elements or technical components, in whole or in part, at any time.

Maintenance work, security updates, technical problems, third-party interference or events of force majeure may temporarily affect availability.

7. Third-Party Content and External Links

The website may contain links to third-party websites, services or content. Such references are provided solely for user convenience and information.

CAPOL AG has no influence over the content, offers, data protection practices or availability of external third-party websites and accepts no responsibility or liability for them.

Access to external websites is at the user’s own risk.

8. Liability

CAPOL AG shall be liable in accordance with the statutory provisions for damage caused intentionally or through gross negligence.

To the extent permitted by law, any further liability is excluded, in particular for:

• slight negligence
• indirect damage and consequential losses
• loss of profit
• loss of data
• system failures or business interruptions
• damage resulting from the use or unavailability of the website
• damage caused by technical faults, malware, third-party interference or incompatibilities

In particular, CAPOL AG accepts no liability for the suitability of the information provided on the website for a specific purpose or for it being free from errors.

9. Communication via the Website

Enquiries, messages or other communications transmitted via contact forms or other communication channels on the website will be processed upon receipt. However, CAPOL AG does not guarantee constant availability, specific response times or the successful delivery of electronic messages.

Any transmission of information via the website is at the sender’s own risk.

10. Data Protection

The processing of personal data in connection with the use of the website is carried out in accordance with the current Privacy Policy of CAPOL AG.

The Privacy Policy can be accessed on the website in its current version.

11. Changes to These Terms and Conditions

CAPOL AG may amend these Terms and Conditions at any time with effect for the future.

The version published on the website at the time of use shall apply.

12. Applicable Law and Place of Jurisdiction

These Terms and Conditions are governed exclusively by substantive Swiss law, to the exclusion of conflict-of-law provisions.

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms and Conditions or the use of the website shall, to the extent permitted by law, be the registered office of CAPOL AG.

13. Severability Clause

Should individual provisions of these Terms and Conditions be or become wholly or partially ineffective, invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The ineffective or unenforceable provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the original provision.