Axion Swiss Bank SA | Viale S. Franscini 22| CH 6901 Lugano | Switzerland

Terms of Use

 

Welcome to the www.axionbank.ch  website (hereafter the “Website”).

Here below we specify the contractual terms applicable to the access and use of the Website (hereafter “Terms of Use”).

We recommend that the user reads this document carefully before accessing or using the Website because in accessing the Website the user will be deemed to totally and unconditionally accept the terms & conditions as outlined in the Terms of Use.

Information concerning the user’s privacy and personal data protection are outlined in the “Confidentiality Statement” that can be accessed via the link provided on the Home Page.

 

A. Change in our Terms of Use

The Website reserves the right to modify the Terms of Use at any time and to our sole discretion. The updated Terms of Use will be published on the Website giving at least 7 days’ notice prior to the enforcement date. Once in force, the new Terms of Use will automatically be binding for all users. The user will be responsible for checking the status of the Terms of Use each time he/she wishes to access the Website. The use of the Website once the Terms of Use have come into force implies the user’s acceptance of such terms. Should the user not wish to comply with the Terms of Use, he/she shall immediately cease to use the Website.

 

B. Territorial restrictions to access

The website is intended exclusively for our current and prospective customers domiciled or residing in Switzerland. Therefore, access to the Website is limited to our customers domiciled or residing in Switzerland. When accessing the Website the user will be deemed to comply with the aforementioned conditions of access.

The use of the English and Russian languages is only intended as an aid for our (non-Italian speaking) foreign current and prospective customers domiciled or residing in Switzerland. The Italian language is used because the Bank’s head office is in Canton Ticino where Italian is the official language. The use of Italian cannot in any way be interpreted as a link with the Italian State or as an indication that the Bank’s business is aimed at Italy.

 

C. No product or services offered

The Website is not intended to offer any type of financial or banking services, it merely offers general information on AXION SWISS BANK SA, Lugano, and its activities.

Likewise, no information published herein represents an invitation, an offer, a solicitation or a recommendation to purchase or sell investment instruments, to carry out a transaction or to enter into a contract whatsoever with AXION SWISS BANK SA. Entering into any form of remote contract with a customer online, by email or via the telephone/fax is strictly forbidden.

 

D. Restrictions to the use of email

On the Website there is an email address to request general information from AXION SWISS BANK SA, Lugano. As the possibility of receiving emails from abroad is subject to legal restrictions, the email will have to state the nationality and the domicile or the residence of the sender and in case this information is missing the email will be immediately deleted. Should there be a restriction in the light of the above the message will also be deleted. The user shall be liable to guarantee that the aforementioned information he/she provides is true, accurate, up-to-date and complete.

Since internet is a universally accessible and open tool, normal email messages sent in this manner are neither confidential nor protected. They can be read by others, lost, intercepted or modified. Furthermore, they can go beyond national borders even though the sender and the addressee are in the same country. In order to communicate with AXION SWISS BANK SA we recommend that a safe channel be used and normal emails should not be used to send personal or confidential information such as account details.

 

E. Website content and external links

The Website contains links to external websites and other resources accessible online. The Website has no control on such websites or resources and cannot verify their legality, the quality of the content or their safety. Consequently, the user recognizes and accepts that the Website is in no way liable for the use/access to such third-party websites and resources, in terms of content, advertising, products, services or any other material present or available on such websites or resources.

Unless otherwise explicitly agreed, the Bank will not accept orders or instructions sent by email or any other electronic means.

The user also acknowledges and accepts that the Website is not directly or indirectly liable for any damage or loss caused or presumably caused by and in connection with the use of, or reliance on any content, goods or service available on/via such external websites or resources.

 

F. Intellectual property and our policy concerning web links

AXION SWISS BANK SA claims all intellectual property rights for the Website, the graphics, databases and content, as well as national and international registered trademarks including the “AXION SWISS BANK” name and logo. The user is not authorised to modify, copy, publish, reproduce, transmit, circulate, market, create derived or second hand works, visualize or exploit in any way the content present on the Website, with the exception of the personal use of the Website, provided prior written consent has been obtained by AXION SWISS BANK SA, Lugano.

Hyperlinks towards the Website (homepage and deep links) are strictly forbidden, unless prior written consent has been obtained from AXION SWISS BANK SA, Lugano, as they are potentially critical in terms of Swiss regulations on cross-border activities.

 

G. Guarantee exclusion

The user expressly accepts that the use of the internet and the Website is at his/her own risk. The Website does not offer any guarantee on the completeness and/or accuracy of the information and/or communications published on/reached via the Website and/or derived from resources linked to it.

 

H. User behaviour

a) The user undertakes not to use the Website unlawfully, immorally or to the detriment of third party rights.

b) In particular, the user undertakes not to send illicit, inopportune, defamatory, abusive, threatening, damaging, vulgar, obscene, pornographic or any other inappropriate material.

c) The user guarantees that his/her communications/messages sent to the Website have been verified by an up-to-date antivirus and they are therefore free of any malware.

d) The user undertakes not to send any material that may encourage behaviours which could be deemed a criminal offence, give rise to civil liability or violate Swiss or foreign laws.

e) The user undertakes not to use the Website to commit unlawful, fraudulent or damaging acts towards third parties, including the right to privacy and all other personal rights (in particular, image, name and honour).

f) Any attempt to access/unauthorised access to the Website IT system is forbidden.

g) The user declares and accepts not to use spiders, robots and similar means to sieve the Website content. The user also undertakes to abstain from using any kind of means, including software, to interfere or attempt to interfere with the Website activity or to hinder its use by other users. The user undertakes not to adopt behaviours that will directly or indirectly overload the Website and/or the IT system.

 

I. Relations with third party suppliers of goods and services

Each transaction, especially concerning the supply of goods and/or services (in relation to terms, guarantees, description, etc.), between users and third party suppliers exclusively concerns the user and such third parties. The Website does not offer any guarantee in relation to the work of third parties, nor does it have any liability in relation to potential prejudice derived from transactions with third parties.

 

L. Compensation

The user accepts to compensate/indemnify AXION SWISS BANK SA and its associate companies, partners, managers, employees, representatives, agents, successors or assigns, for any damage/prejudice it has sustained from either a claim and/or request by a third party, including legal and defence costs, due to the unlawful use of the Website, non-compliance with these Terms of Use or violation of any legal provision by the user.

 

M. Abstention or inaction

The fact that AXION SWISS BANK SA may not exercise its rights and/or prerogatives to which it is entitled, conversely abstains from ensuring compliance with some of the provisions part of these Terms of Use, cannot be interpreted as disclaiming its rights and/or prerogatives or as acceptance of a suggestion to amend these Terms of Use.

 

N. Separability

Should any provision contained in the present contract be null and void or ineffective, the residual provisions shall remain in full force and effect.

 

O. CLAUSE ON EXTENDED JURISDICTION AND CHOICE OF APPLICABLE LAW

In connection with access and use of the Website, the Terms of Use, as well as various forms of relationship between the user and the Website owner, are governed by the Swiss substantive law, excluding private international law provisions.

The parties choose the courts in Lugano (TI) as the exclusive competent jurisdiction in case of any dispute arising or simply linked to the use of the Website.

 

P. Adoption and editing

The present Terms of Use have been adopted on 15 March 2012.

 

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