Terms of Use of the Noops Website and
App
Last update : June 2021
Please read these Terms and Policies carefully before you begin using our
Website or App and before booking any third party products or services
through our Website or App. We recommend that you print a copy of these
Terms and Policies for future reference.
By using our Website or Application, you confirm that you accept these
Terms and Policies and agree to abide by them, whether or not you choose
to register with us. If you do not agree to these Terms and Policies, you
must not use our Website or Application in any way.
1. Welcome to our website, https://web.noops.app/ (the "Website"), and to the
Noops mobile application (the "Application"). The Website and our
Application are provided by NoopsApp Sàrl t/a Noops. (NoopsApp), a limited
liability company, registered in Switzerland under the IDE (Business
Identification Number) 446.686.591 whose head office is located at Rue des
Charmilles 4, 1203 Geneva Switzerland, ("NoopsApp", "Noops", "we", "us" or
"our"). "You", "your" and "yours" designate you as a user of our Website or
our Application.
2. The Website and our Application have two main functions:
2.1. aggregating information and providing a centralized booking point for
selected third party product and service providers who wish to offer
their products and services for sale through our Website and
Application ("Partners"); and
2.2. providing general information related to health and wellness.
3. We have set out the terms and conditions under which we provide you with
access to our Website and Application and the products or services we offer
from our Website or Application. These include terms that govern:
3.1. your rights to use and link to our Website and Application (our "Noops
Website and Application Terms of Use");
3.2. how we will use and protect your information (our "Privacy Policy
and Cookies");
3.3. our booking terms and conditions for third-party products or services
offered by us through the Website or our mobile application (our
"Booking Terms and Conditions"); and
3.4. your obligations when you post comments or other contributions and
content on our Website or Application (our "User Generated Content
Policy"), (together or separately referred to as our "Terms and
Policies").
4. Please note that the Terms and Policies do not govern the relationship
between NoopsApp and our Partners. If you are a Partner, please refer to the
"Partner Terms and Conditions" that were provided to you upon registration.
If you are not yet a Partner but you wish to apply to NoopsApp to become
one of our Partners, consult the page https://web.noops.app/#signupBloc .
conditions of use of the website and the noops
application
Please read these Terms of Use of our Website and Application carefully
before you begin using our Website or Application as they apply to your use
of our Website and Application. We recommend that you print a copy of
these Terms of Use for future reference.
These Terms of Use of our Website and Application refer to the following
additional terms that also apply to your use of our Website and Application:
● Our Privacy Policy and cookies; and
● Our User Generated Content Policy.
By using our Website or Application, you confirm that you accept these
Terms of Use of our Website and Application and that you agree to abide by
them. If you do not agree to these Terms of Use of our Website and
Application, you should not use our Website or Application.
Please note that these Terms of Use for our Website and App cover only
your use of our Website and App and do NOT apply to third party products
and services available for booking on our Website or mobile app. Please
refer to our Booking Terms and Conditions for the terms that apply when
you make reservations or purchase vouchers on our Website or mobile
application.
In these Terms of Use for our Website and App, the term "Terms and
Policies" refers to some or all of the following policies: our Privacy and
Cookies Policy, our User Generated Content Policy, these Terms of Use for
the Website and App, and our Terms and Conditions of Booking.
1. Use of the Website and our Application
1.1. These Terms of Use for our Website and Application set out the
manner in which you may use our Website and Application. By
accessing the Website or our Application, you agree to these Terms of
Use of our Website and Application. These Terms of Use of our Website
and Application apply regardless of the method you use to access the
Website or our Application, including, without limitation, the internet,
digital television services and cell phone.
1.2. If you do not agree to these Terms of Use for the Website and the
Application, you should not use the Website or our Application. You
must read all of the Website and Application Terms of Use before using
the Website or our Application.
1.3. By using our Website and Application, you warrant that you have the
legal capacity to agree to these Terms of Use and that you will use our
Website and Application in accordance with all Terms and Policies.
2. Access to our Website and Application
2.1. Access to our Website and Application is permitted on a temporary
basis. We reserve the right to withdraw or amend our Website or
Application (and the products or services offered therein) without
notice. We will not be liable if our Website, Application or any part
thereof is unavailable for any reason at any time and for any period.
2.2. We update our Website and Application from time to time and may
change the content at any time without notice to you. We reserve the
right to withdraw, modify or suspend the Website or the Application (or
any part of them) at any time without notice.
2.3. The content and information displayed on our Website or on our
Application are not intended to constitute advice and should not be
construed as such. We therefore disclaim any liability arising from the
reliance on such information to the fullest extent permitted by
applicable law.
2.4. You are responsible for taking all necessary steps to access and view
the Website and our Application, and you must ensure that you have
up-to-date anti-virus software on any device from which you access
our Website or Application.
2.5. You are responsible for ensuring that all persons who access our
Website or Application through your internet connection are aware of
these Website and Application Terms of Use
2.6. We expressly reserve the right to withdraw access to our Website
and/or Application and/or cancel an order if you fail a credit check or
fraud prevention check or if we reasonably suspect fraud or money
laundering by you or anyone using your account.
3. Password and account security
3.1. You are responsible for the security of your password and login
information. To protect your account from unauthorized access, you
are encouraged to keep your username(s) and password(s) secure.
Please make sure that your password is not one you have used before,
that it contains eight or more characters and, ideally, that it is not a
password you use on other sites. We recommend that you do not
share your username(s) and password(s) with anyone. We also
recommend that you log out of your account at the end of each
session. You may also want to close your browser when you are
finished with your session, especially if you are sharing a computer
with someone else or using a computer in a public place.
3.2. If you suspect unauthorized access to your account, you must notify us
immediately by contacting us at info@noopsapp.com. We will
investigate any suspected unauthorized activity on your account.
Notwithstanding any other provision regarding our right to disable or
block access to your account, we reserve the right to disable or block
your account at any time upon suspicion of unauthorized access to
your account.
3.3. Except in cases of gross negligence on our part, we cannot be held
liable for any damages that may result from unauthorized access to
your account by third parties.
4. Misuse of our Website or Application
4.1. You must not misuse our Website or Application:
4.1.1. knowingly introducing viruses, Trojan horses, worms, logic
bombs, time bombs, keyloggers, spyware, adware or any other
items, programs or code that disrupt or are intended to disrupt
the operation of any computer software or hardware; and/or
4.1.2. gaining or attempting to gain unauthorized access to the server
on which our Website or Application is stored or to any server,
computer or database connected to our Website or Application;
and/or
4.1.3. by attacking our Website or Application via a denial of service
attack or a distributed denial of service attack.
4.2. Failure to comply with this clause may constitute a criminal offence
under Article 143 bis of the Swiss Penal Code (CP). We will report any
such violation to the appropriate law enforcement authorities and
cooperate with such authorities by providing them with your identity.
In the event of such a violation, your right to use our Website and
Application will cease immediately.
5. Users
5.1. If you are 18 years of age or older, you may create an account and
become a registered user of the Website and the Application ("User").
5.2. As a User you may have access to additional products or services
and/or features, such as the ability to create an account, save contact
information, post user-generated content ("UGC") on the Website or
via the Application, and receive information about promotions and
special offers reserved for Users where applicable.
5.3. The personal information you provide to us during the User registration
process or after registration will be stored and used in accordance with
the consent received from you and the terms of our Privacy and
Cookies Policy.
5.4. We also have the right to disable, at any time, a user ID or password,
chosen by you or assigned by us, if we believe that you have failed to
comply with any of the provisions of our Terms and Policies.
If you know or suspect that someone else knows you, your user ID or
password, you must notify us immediately at info@noopsapp.com .
6. Display of TOS
6.1. If the functionality of the Website or our Application permits, Users or
other visitors to the Website or our Application who log into a social
media account via a widget or interface available on or off the Website,
may post UGC on the Website or via our Application.
6.2. Any UGC posted will be attributed to the username you provide or the
username of the social media account with which you logged in, but we
will not publish your email address on the Website or via the
Application.
6.3. We reserve the right to refuse to post UGC (or to remove previously
posted UGC without notice) if it does not comply with our User
Generated Content Policy. We will not be liable for any loss or damage
resulting from such decision to refuse to post UGC (or to remove
previously posted UGC).
6.4. We also reserve the right to terminate user accounts and/or prohibit
certain users from posting UGC on the Website or via the Application in
the event of persistent and/or serious violations of the terms of the
User Generated Content Policy.
6.5. The views and opinions expressed in the UGC submitted by Users or
other members of the public are those of the person submitting the
UGC and not of NoopsApp and we assume no responsibility for the
content of this UGC.
6.6. However, if you believe that any UGC on the Website is offensive,
obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or
misleading in any way, please notify us at info@noopsapp.com with
the subject line "objectionable content". Upon receipt of your
complaint, we may remove or block access to the UGC that is the
subject of the complaint.
7. Intellectual Property
7.1. You may access, view and print a copy of the Website and all
information, images and other content (except for the TOU) displayed
on the Website or via the App (the "Content") in strict accordance
with these Website and App Terms of Use.
7.2. You can visualize, print, use, quote or mention the Internet site and
the Contents for your personal and non-commercial use only and
provided that you duly quote NoopsApp.
7.3. Nothing in the foregoing license restricts or affects the author's moral
rights in the Content.
7.4. We expressly reserve all intellectual property rights in the Website, our
Application and the Materials, and your use of the Website, the
Application and the Materials is subject to the following restrictions.
You may not:
7.4.1. remove copyright or other proprietary notices contained in the
Content; and/or
7.4.2. use Content from the Website or the Application in a manner
that may infringe our or any third party's copyright, intellectual
property rights or proprietary rights; and/or
7.4.3. use, or cause others to use, any automated system or software
to extract content or data from the Website or the Application
("screen capture"), except in cases where you or a third party
has entered into a written license agreement directly with us
that expressly authorizes this activity; and/or
7.4.4. reproduce, modify, display, perform, publish, distribute,
disseminate, broadcast, frame (or use any other browser or
border environment), communicate to the public or transmit to
any third party, or exploit the Website, the Application and/or
the Contents for any commercial purpose without our prior
written consent formalized in a license agreement.
8. Brands
8.1. We expressly reserve all rights in the domain name https://web.noops.app/
and all associated domains and subdomains, the name "NoopsApp",
our logo, service marks, trade names and/or trademarks. Other
trademarks, product names and company names mentioned on the
Website or the Application may be trademarks of their respective
owners or licensors and the rights to these trademarks are reserved to
their respective owners or licensors.
9. Link to our website
9.1. You may link to any page on the Website for non-commercial
purposes, provided that you do so in a manner that is fair and legal
and does not damage our reputation or take unfair advantage of it. For
the avoidance of doubt, the site from which the link is made must not
contain adult or illegal content or content that is offensive, harassing
or otherwise objectionable.
9.2. You must not create a link to our Website in a way that suggests any
form of association, authorisation or endorsement on our part if none
exists. You must not remove or obscure, by framing or otherwise, any
advertising, copyright notices or other information published on the
Website.
9.3. Our Website shall not be bounded by or subject to any other
navigational or border environment on any other site.
9.4. If you wish to link to our Website for commercial purposes or any other
purpose not listed above, or if you wish to become a Partner, please
contact us at info@noopsapp.com .
9.5. We reserve the right to withdraw permission to link at any time
without notice.
10. Privacy, your personal data and cookies
10.1. Your privacy is important to us. See our Privacy and Cookie Policy for
more information on how we handle your personal data, when
provided to us, and how we use cookies.
11. Third-party content and third-party websites
11.1. Our Website and Application may contain advertisements offered by
third parties. These third parties are independent service providers and
are not agents or employees of our companies. They are solely
responsible for the content of these advertisements and are
responsible for ensuring that they comply with all applicable laws and
regulations. We assume no responsibility for the content of third-party
advertisements.
11.2. Our Website, Application and/or Content may contain links or
references to third party websites (including those of our Partners). If
you decide to visit any third party site, you do so at your own risk. We
are not responsible or liable, directly or indirectly, for the content,
accuracy or opinions expressed on such websites, or for the standard
of products or services available through such websites. Unless
expressly stated otherwise, links do not imply that we, our Website or
our Application are affiliated or associated with those sites or that we
endorse their content.
11.3. Our communications with you may contain information from third party
websites. Content from a third party website will be identified as such
and a link to the source website may be provided. We assume no
responsibility for Content provided by or contained on a third party
website obtained through a link from our communications with you or
for any use of personal data by that third party.
11.4. The inclusion of a link in our communications to you does not imply our
endorsement of the linked site. If you decide to access linked
third-party websites, you do so at your own risk.
11.5. Please remember that if you use a link to go to another website from
our Website or Application, our Terms and Policies (including our
Privacy Policy and cookies) no longer apply. Your browsing and
interaction on another website, including websites that are linked to
ours, are subject to the terms and policies of that website. Please read
those terms and policies before proceeding.
12. Our Responsibility
12.1. To the fullest extent permitted by law, we exclude and disclaim all
warranties, conditions and representations that may be implied by law
in connection with this Website or our App. In particular, we make no
representation or warranty that the Website or our Application will be
error free, free of viruses or other harmful components or that defects
will be corrected. You must take your own precautions in this regard.
In any event, to the extent permitted by law, we will not be liable for
any loss or damage caused by a distributed denial of service attack,
viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary
material due to your use of our Website or Application.
12.2. To the extent permitted by law, we assume no liability for failure to
maintain the Website or our Application and/or for delay or failure to
deliver Content.
12.3. Please note that we offer our Website and Application exclusively for
home and private use, and you agree not to use our Website or
Application for commercial or business purposes unless we have
accepted you as a Partner.
12.4. We assume no liability for the following types of loss, even if the loss is
foreseeable: loss of revenue, loss of business, loss of profits, loss of
anticipated savings, loss of data or loss of management or office time.
12.5. The Materials may contain inaccuracies and typographical errors. We
do not warrant the accuracy or completeness of the Content.
12.6. We shall not be liable for any loss caused by your actions or inactions
based on the Content available on this Website or through our
Application. We further shall not be liable for the acts, errors,
omissions, representations, warranties, breaches or negligence of any
independent third party. However, nothing in these Terms of Use of
the Website and our Application affects your statutory rights or
excludes our liability for death or personal injury resulting from
negligence, fraud or fraudulent misrepresentation and/or any other
circumstances where we cannot exclude or limit our liability under
Swiss law.
13. Countries served
13.1. This Website and our Application are offered only to users located in
Switzerland. Although access may be possible from outside
Switzerland, this Website and our Application are not intended for such
use and such users access the Website and our Application at their
own risk.
14. Changes to our Terms of Use for the Website and the Application
14.1. We may change these Terms of Use for the Website and the App from
time to time, in which case an updated version will be available on the
Website and our App. It is your responsibility to review these Terms of
Use for the Website and the App regularly to ensure that you are
happy with any changes. You will be deemed to have accepted the
changes to these Terms of Use for the Website and the Application
after you have been notified of the changes on our Website or on our
Application and/or if you continue to access or use the Website or our
Application where the updated Terms of Use for the Website and the
Application will be available to you.
15. Compliance with laws and applicable law
15.1. The Swiss courts shall have non-exclusive jurisdiction over any dispute
arising out of or in connection with a visit to this Website or use of our
Application. Swiss law shall apply to these Terms of Use of the Website
and the App.
16. Contact us
16.1. If you have any doubts or questions about anything on our Website or
Application or if you have any questions about your use of our Website
or Application or these Website and Application Terms of Use, please
email us at info@noopsapp.com . Our mailing address for all
correspondence is as follows: NoopsApp, Rue des Charmilles 4, 1203
Charmilles, Geneva, Switzerland.
