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Terms and conditions

Terms and conditions - Orion Horse shoes Sàrl

Terms and conditions of Orion Horse Shoes Sàrl for the use of the E-Orion and Orion Scan programs via the online services of the same name.

1. Purpose of the contract

1.1 These general terms and conditions ("GTC") govern paid access to the programs marketed by Orion Horse Shoes Sàrl. This includes subscription contracts as well as the management of data stored by these offers and, where applicable, other service offerings. Subscribing to the Orion Horse Shoes Sàrl program offer creates a direct contractual relationship between the customer and Orion Horse Shoes Sàrl.

1.2 The Orion Horse Shoes Sàrl subscription contract consists of one or more program features created by Orion Horse Shoes Sàrl or third-party providers. The subscription contract related to the Orion Horse Shoes Sàrl offer allows for managing data, storing data, measuring, calculating objects, billing customers, and ordering third-party products. Subscribed customers have access to these features at no additional cost.

1.3 The contract related to the Orion Horse Shoes Sàrl program offer authorizes only personal use of the subscription for professional purposes. The subscription cannot be shared with other customers unless they are part of the same company.

2. Offer and changes to the offer

2.1 The website www.orion-horse.com provides information on the current scope of the Orion Horse Shoes Sàrl program offer. Orion Horse Shoes Sàrl may engage third parties to provide services.

2.2 Orion Horse Shoes Sàrl reserves the right, at any time, to supplement, expand, or otherwise modify the Orion Horse Shoes Sàrl program offer. Orion Horse Shoes Sàrl communicates the changes to customers appropriately.

 

2.3 As long as the subscribed Orion Horse Shoes Sàrl program offer retains its overall character, a modification does not establish any extraordinary right of termination on the part of the customer. Otherwise, the customer may terminate the contract prematurely and without financial consequences for the effective date of the modification, i.e., without regard to the minimum duration of the current contract or the ordinary termination period (Section 9.2). If the customer does not exercise this right, the modification is deemed accepted.

3. Fees

3.1 The fees align with the current price list of Orion Horse Shoes, E-Orion, and Orion Scan, published on www.orion-horse.com. By subscribing to the Orion Horse Shoes Sàrl program offer, the customer accepts the applicable fees.

 

3.2 Billing or charging of a credit card registered by the customer is carried out by the relevant distribution partner of Orion Horse Shoes Sàrl on behalf and for the account of Orion Horse Shoes Sàrl. The customer agrees to pay the fees in accordance with the payment terms of the relevant distribution partner of Orion Horse Shoes Sàrl. In case of late payment, Orion Horse Shoes may, to the extent permitted by law, suspend its services without notice and, until the customer has fully paid his due, take other measures to prevent further damage, refuse access to other services, and/or terminate the contract with immediate effect and without compensation. The customer cannot claim compensation or indemnification in case of justified suspension of services. However, he remains obliged to make payments. If Orion Horse Shoes Sàrl terminates the contract, the customer is obliged to pay the fees until the expiration of the minimum duration of the contract or the ordinary termination period (Section 9.2).

 

3.3 Orion Horse Shoes Sàrl may adjust the fees at any time. Orion Horse Shoes Sàrl communicates any fee increases to the customer in advance and appropriately. If Orion Horse Shoes Sàrl increases the fees in such a way that they result in a higher overall charge for the customer, the latter may terminate the contract prematurely for the effective date of the modification, without incurring financial consequences. If the customer does not exercise this right, the modification is deemed accepted. Adjustments to fees resulting from changes in tax rates or levies (e.g., value-added tax) are not considered fee increases and do not entitle to early termination.

4. Technical conditions

 

4.1 The Orion Horse Shoes Sàrl program offer can only be used by the customer with devices recognized by Orion Horse Shoes Sàrl.

 

4.2 Registered devices refer to smartphones/tablets using approved versions available for iOS, as well as for PC or Mac. These programs may also require the customer to use third-party software to operate the Orion Horse Shoes Sàrl software.

 

4.3 The use of the Orion Horse Shoes Sàrl program offer requires access to the Internet. The use of the Orion Horse Shoes Sàrl program offer requires an active e-orion and/or Orion-scan login, through which the Orion Horse Shoes Sàrl program offer in question was subscribed. The performance of the Internet connection as well as the type of device used may influence the speed of transmission and reception of data from the Orion Horse Shoes Sàrl program offer.

5. Customer service

 

In case of technical disruptions as well as questions regarding the content or administrative matters concerning the Orion Horse Shoes Sàrl program offer, it is possible to contact the Orion Horse Shoes customer service via email info@orion-horse.com.

6. Warranty and liability

6.1 Orion Horse Shoes Sàrl is not responsible for disruptions or interruptions in connection due to problems with telecommunications service providers, electricity suppliers, or other third-party service providers. Orion Horse Shoes Sàrl in particular is not responsible for disruptions, interruptions, usage restrictions, abuse, and damages caused by third parties, defects in the security of the telecommunications network and/or the Internet.

 

6.2 The customer is not authorized to assign his rights against Orion Horse Shoes Sàrl, nor to transfer in whole or in part the rights and obligations resulting from his contracts with Orion Horse Shoes Sàrl to third parties without its written consent. Subject to applicable fees. These provisions also apply to warranty rights. The customer acknowledges that the programs cannot always be delivered defect-free due to their complexity and multiple application possibilities. Furthermore, Orion Horse Shoes Sàrl makes no compatibility commitments. Orion Horse Shoes Sàrl disclaims any liability for damages that the customer could have avoided by taking appropriate measures, such as data and program backups, sufficient software training, and compatibility information obtained before purchasing Orion Horse Shoes Sàrl programs. Orion Horse Shoes Sàrl disclaims any liability for loss or destruction of customer data, regular backup of customer data is therefore recommended. Any repairs related to software/updates, improper configuration, or lack of compatibility between different elements are chargeable. Orion Horse Shoes Sàrl is authorized to have services due to the customer performed by third parties. Under no circumstances does Orion Horse Shoes Sàrl guarantee that the technical support service will respond to a specific request or demand. Technical interventions, including data correction or modification, are not subject to an obligation of result. Orion Horse Shoes Sàrl is not responsible for damages due to technical support failure. Orion Horse Shoes Sàrl assumes no liability for data loss, modification of the customer's system, before, during, or after the support agent's intervention. The customer is solely responsible for having made the necessary backups before any intervention. No claim for compensation can be made following a technical intervention by a support agent, regardless of the intervention.

7. Intellectual property

 

7.1 Orion Horse Shoes Sàrl reserves property and copyright rights for any illustration, drawing, calculation, and other document. The customer must obtain Orion Horse Shoes Sàrl's consent before transferring any of these elements to third parties. The customer undertakes to inform Orion Horse Shoes Sàrl of any allegations of property rights violation brought by third parties and related to the software provided.

 

7.2 It is prohibited:

To damage, hack, reverse engineer, compromise, or alter Orion Horse Shoes Sàrl platforms.

• To use robots, crawlers, scrapers, or other automated means to access data or other Content or retrieve them on Orion Horse Shoes Sàrl platforms or to interact with them.

• To hack, bypass, delete, alter, or attempt to circumvent any security or technological measures used to protect Orion Horse Shoes Sàrl platforms or content.

• To undertake actions that could disrupt or harm the performance or proper functioning of Orion Horse Shoes Sàrl platforms.

8. Abuse

 

In case of breach of contract by the customer, Orion Horse Shoes Sàrl is entitled, to the extent permitted by law, to suspend its services without notice and until the situation compliant with the contract and the law has been restored, to take other measures to prevent further damage, to refuse access to other services, and/or to terminate the contract with immediate effect and without compensation. The customer cannot claim compensation or indemnification in case of justified suspension of services by Orion Horse Shoes Sàrl. However, he remains obliged to make payments. If Orion Horse Shoes Sàrl terminates the contract, the customer is obliged to pay the fees until the expiration of the minimum duration of the contract or the ordinary termination period (Section 9.2).

9. Data protection

 

9.1 The contract comes into effect with the activation of the Swisscom blue program offer subscribed by the customer.

 

9.2 The minimum duration of the contract for Orion Horse Shoes programs is three (3) months ("minimum duration of the contract").

 

9.3 If the customer terminates the Orion Horse Shoes Sàrl program offer prematurely, i.e., without regard to the current minimum duration of the contract or the ordinary termination period (Section 9.2), he remains liable for fees until the expiration of the minimum duration of the contract or the ordinary termination period ("fees for the residual period"), except in cases expressly provided for in these GTC. At the end of the contract, all amounts still due, in particular fees for the residual period, become due.

10. Final provisions

 

10.1 Orion Horse Shoes Sàrl reserves the right to modify these GTC and the terms of use at any time. Changes to these GTC or terms of use are communicated to customers appropriately. If the changes are disadvantageous to the customer, the latter may terminate the contract prematurely and without financial consequences for the effective date of the modifications. If the customer does not exercise this right, the modifications are deemed accepted.

 

10.2 The contract concluded between the customer and blue is subject to Swiss law. The exclusive place of jurisdiction is Nyon. Mandatory jurisdictions provided by law remain reserved.

Version of the 23.02.2024

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