TERMS AND CONDITIONS

 

Zurich, 01 January 2015

Scope of application: gisChart is a software owned by gisChart GmbH for visualizing data on maps. With gisChart, georeferenced data can be imported, visualized and analyzed in interactive gisChart-Maps.

Key Terms

GISCHART:
The Software Product to create and edit gisChart-Maps
gisChart-Maps:
The Visualization and Interaction-Elements of the Business-Data in a map. Each gisChart-Map has an issue-date. The issue-date is the date the gisChart-Map was created the very first time by the user in gisChart.
gisChart Standalone Map
A gisChart-Map can be exported as an xml-javascript-package. This map package can be uploaded to any other webserver and work independently of gisChart.
gisChart-Map Package is defined by a number X of Paid-gisChart-Maps. X is one or a multiple of it.
Publish gisChart-Maps is defined by providing access to a map through a weblink hosted on gischart website.

1. STATEMENT OF RIGHTS AND RESPONSIBILITIES UNDER TERMS AND CONDITIONS

A. This Statement of Rights and Responsibilities (hereafter STATEMENT) governs the use of the GISCHART WEBSITE, under the domain name *.gischart.com, (hereafter GISCHART) and its relationship with the USERS who interact with GISCHART. With the registration the USER accept its Terms and Conditions (hereafter TC) but also understand and gives his agreement to this STATEMENT and its TC.

B. This TC applies to the USER of the GISCHART website, including the access to a variety of resources such as data, images, and others through GISCHART network of Web properties (including any updates, enhancements, new features, and/or the addition of any new Web properties) and other content that GISCHART makes available from time to time (the “Services”). GISCHART GmbH reserves the right to change this TC from time to time. The most current version of the TC can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.

2. CONFIDENTIALITY

A. The USER agrees that he/she shall maintain strictly confidential, and shall not reveal nor by any means transfer to a third party, or use any information related to GISCHART, products, materials, software and any technical documentation that forms part of the Intellectual Property and Know-how of GISCHART GmbH, or that it has received from third parties, or any other information to which you have access by virtue of accepting this TC.

B. In addition the privacy policy under www.gischart.com/privacy apply.

3. REGISTRATION AND ACCOUNT PROVISIONS

A. The USER agrees to use GISCHART only for purposes allowed by the TC.

B. The USER is responsible for maintaining the confidentiality of passwords associated with the account he/she uses to access GISCHART.

C. The USER will not provide any false personal information or create an account for anyone other than him/herself without permission.

D. The USER will not create more than one personal profile.

E. If GISCHART GmbH disables the USER account, the USER will not create another one without GISCHART permission.

G. The USER will keep his/her contact information accurate and up-to-date.

H. The USER will not share his/her password.

I. If the USER becomes aware of any unauthorized use of its password or of his/her account, he/she agrees to immediately notify GISCHART GmbH.

J. The USER will not transfer his/her account to anyone.

K. The USER agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the contents, design, and layout of GISCHART for any purpose.

L. If the USER selects a username for his/her account GISCHART GmbH reserves the right to remove or reclaim it if appropriate, such as when a trademark owner complains about a username that does not closely relate to a user’s actual name.

M. If the USER does not accept this TC he/she will consequently not have a signed USER agreement with GISCHART GmbH and will be prohibited from using GISCHART.

Nb. If the USER violates the provisions of this Statement, or create risk of possible legal exposure for GISCHART GmbH, GISCHART GmbH reserves the right to stop providing GISCHART access to the USER.

4. ACCOUNT TYPES

GISCHART has different accounts types and the USER can only be registered in one account type.

A. PAY PER USE ACCOUNT: The USER can buy a gisChart-Map-Package. The gisChart-Map-Package gives the USER the right to create a number of pay per use gisChart-Maps within 24 months after the gisChart-Map-Package order date. If the USER does not create pay per use gisChart-Maps within 24 month, the right to create them expire.
A pay per use gisChart-Map is considered to be created after the USER presses the publish button. After publishing the gisChart-Map, the remaining number of pay per use gisChart-Maps will be displayed.

A pay per use gisChart-Map can be published online under *.gischart.com during 12 month after the gisChart-Map issue date.

Pay per use Account does not include any support by email or telephone.

B. SUBSCRIPTION-ACCOUNT: A Subscription-Account entitles the USER to create and publish an unlimited number of gisChart-Maps during the subscription Period.

The Functions and the Prices of the Subscription-Account are shown on the price-page: www.gischart.com/pricing.

These Prices can only change at the end of each Subscription Period.

a. Termination

The term of the Subscription is extended by 12 months, unless notice is given by the USER to sales@gischart.com and confirmed by a gisChart representative. The confirmation mail from a gisChart representative will serve as proof of date of termination.

After the date of termination, published gisChart-Maps are not accessible anymore.

b. Basic Email Support

The subscription account also entitles the USER to basic e-mail support via the gisChart Helpdesk. The User may request such support by e-mail (support@gischart.com)

The basic support that gisChart Helpdesk offers via e-mail to the user covers the
response to incidents related to the functioning of gisChart. An ‘incident’ means a problem encountered by a user of the gisChart software for which the assistance of gisChart is necessary or desirable:

  • Urgent incidents’ are incidents that result in the USER being entirely unable to use the gisChart software.
  • ‘Serious incidents’ are incidents that significantly obstruct the performance of the gisChart software, including incidents whereby a certain functionality of the software cannot be used even though the rest of the software works without problems.
  • ‘Other incidents’ are incidents that cause mild obstruction to the performance of the gisChart software.

This basic support does not entitle the user to assistance within a certain period of time, however urgent the request.

The basic support provided by gisChart Helpdesk does not give any entitlement to:

  • Advice regarding the day-to-day use of gisChart
  • Any consultancy concerning the use of gisChart
  • Any support for standalone gisChart Maps

C. Free Account: Free Account entitles the USER to create an unlimited number of gisChart-Maps. A Free Account can be granted to Students and Educational Institutions.
A free Account does not include any support by email or telephone.

D. Prices for all account-types are subject to change and published under: www.gischart.com/pricing.

F. By creating a gisChart account the USER agrees to receive periodical product news via email.

5. THIRD PARTY RIGHTS

A. GISCHART GmbH expects the USER to respect other people’s rights and Intellectual Property, thus, the USER will not insert data or take any action on GISCHART that infringes or violates someone else’s rights and Intellectual Property. If the USER exports a gisChart-Map he/she must make sure that a reference to the following page is made: www.gischart.com/src.

B. The USER acknowledges that the gisChart-Maps contains proprietary content of third parties and the copyright of it belongs to them. Each map source and copyright license is identified in the website under www.gischart.com/src and the USER must comply with its License even after the termination of the USER account.

C. The USER will not insert data or take any action on GISCHART that violates the law.

D. GISCHART GmbH reserves the right to remove any content or information posted by the USER if it believes that it violates these TC.

E. If the USER repeatedly infringes other people’s Intellectual Property rights, GISCHART GmbH will disable his/her account when appropriate.

F. The USER will not use GISCHART GmbH and third-parties copyright or trademarks or any confusingly similar marks.

G. If the USER wishes to collect private data from third parties he/she will have to obtain their consent, making absolutely clear that he/she is the one who is collecting it and not GISCHART GmbH.

H. The USER will also have to explain what information he/she is collecting and how will intend to use it.

I. If the USER exports a gisChart-Map he/she is not allowed to remove the “powered by www.gischart.com/src” claim in any case.

6. DISCLAIMER

A. The USER understands and accepts that to the fullest possible extent permitted in law, GISCHART GmbH accept no responsibility for any loss or damage or injury caused to the USER or his/her hardware or software regardless whether GISCHART caused such loss or injury directly or indirectly.

B. The USER understands and accepts that all GISCHART website content, including the maps and their boundaries, is protected by Intellectual Property and its ownership belongs to the respective owners or its licensors who are credited and linked to by GISCHART in each map and/or image.

C. The USER understands that a gisChart-Map can either be exported as a file or published online, if a gisChart is published online it should not exceed more than 10’000 map views (pageviews) per month.

D. These TC can be extended with written individual contract supplements in case of an Annual Subscription

7. PRIVACY AND DATA PROTECTION

The GISCHART current privacy statement is located at www.gischart.com/privacy (the “Privacy Policy”) and is incorporated into these TC. For inquiries regarding the Privacy Policy, or to report a privacy-related problem, please contact privacy@gischart.com

8. UNSOLICITED IDEA SUBMISSION POLICY

A. GISCHART GmbH or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new products names.

B. The USER shall not send any original creative artwork, maps, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GISCHART GmbH products or marketing strategies might seem similar to ideas submitted to GISCHART GmbH.

C. The USER is requested not to send any unsolicited ideas to GISCHART or its employees. If, despite therequest that the USER not send GISCHART his/her ideas and materials, the USER still sends them, the USER understands that GISCHART makes no assurance that the USER ideas and materials will be treated as confidential or proprietary.

9. AMENDMENTS

The present TC can be changed for legal or administrative reasons, or to correct an inaccurate statement, and if it does, GISCHART will notify the USER.

10. WARRANTY DISCLAIMER

A. GISCHART GmbH has no special relationship with, or fiduciary duty to the USER. The USER acknowledge that GISCHART GmbH has no control over, and no duty to take any action regarding: which users gain access to the website; what content the USER accesses via the website and its affiliated services; what effects the content may have on the USER; how the USER may interpret or use the content; or what actions the USER may take as a result of having been exposed to the content.

B. The USER releases GISCHART GmbH from all liability for the USER having accessed/used content on or through the website. GISCHART GmbH makes no representations concerning any content contained in or accessed through the website, and GISCHART GmbH will not be responsible or liable for the accuracy, suitability, completeness, reliability, copyright compliance, legality or decency of material contained in or accessed through the website. To the fullest extent permitted by law, GISCHART GmbH, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and the USER access/use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement.

C. In addition, neither GISCHART GmbH nor its suppliers, nor any of their respective officers, directors, employees, and agents, make any warranties or representations about accuracy or completeness of the website’s content or the content of any ‘third-party websites’ linked to the website, and assumes no liability or responsibility for any,

i) errors, mistakes, or inaccuracies of content;

ii) personal injury or property damage, of any nature whatsoever, resulting from the USER access to and use of the content;

iii) any unauthorized access to or use of the secure servers and/or any and all information stored therein;

iv) any interruption or cessation of transmission to or from the website;

v) any bugs, viruses, trojan horses, or the likes which may be transmitted to or through the website by any user or third-party; and/or

vi) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.

D. GISCHART GmbH does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through website, or any hyperlinked ‘third-party website’, or featured in any banner or other form of advertising, and GISCHART GmbH will not be a party to, or in any way be responsible for monitoring any transaction between the USER and third-party providers of products or services.

E. The website is controlled and offered by GISCHART Gmbh, a Swiss company with headquarters at Aargauerstrasse 1, 8048 Zurich, Switzerland. GISCHART makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other countries/jurisdictions do so at their own volition, and are responsible for compliance with local law.

11. INDEMNITY

The USER agree to defend, indemnify and hold harmless GISCHART, its parent organization(s), affiliates, sponsors, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including, but not limited to attorneys’ fees) arising from:

i) the USER use of any data map created by the USER through the website, and/or any content that the USER post thereon;

ii) the USER violation of any condition of this agreement or the USER representations and warranties set forth hereinabove;

iii) the USER violation of any third-party right, including without limitation any copyright, trademark, patent, trade secret or privacy right;

iv) the USER use of the website in any products or services the USER may offer to third-parties (including customers) and/or users; or any claim that the USER user-submission(s) caused damage to a third-party and/or user.

12. TERMINATION

A. If the USER violates the TC GISCHART will stop providing all or part of GISCHART access.

B. The USER acknowledges and agrees that if access to its account is disabled, he/she may be prevented from accessing GISCHART, his/her account details or any files or other content which is contained in his/her account.

C. The USER will be notified by email or at the next time he/she attempts to access his/her account.

D. The USER may delete his/her account at any time.

E. The USER may terminate his/her legal agreement by closing his/her account.

F. The TC will continue to apply until terminated by either the USER or GISCHART as set out in the TC.

13. GOVERNING LAW

The USER agrees that in the event of any dispute of any nature that may arise between the USER and GISCHART, this TC shall be governed by and construed exclusively in accordance with the jurisdiction of the courts located in Zurich, Switzerland