ARTICLE 1: Purpose

The purpose of these « general terms of use » is to provide a legal framework for the use of the www.theoriginsearth.com website and its services.

This contract is concluded between :

The manager of the website, hereinafter referred to as « the Publisher »,

Any natural or legal person wishing to access the website and its services, hereinafter referred to as « the User ».

The general conditions of use must be accepted by all Users, and access to the site implies acceptance of these conditions.

ARTICLE 2 : Legal notice

The Origins Earth website is founded by Géraldine Pfeiffer, in Lausanne, Switzerland who are the owner. 

Its URL address is: www.theoriginsearth.com

The e-mail: contact@theoriginearth.com 

The general conditions of use must be accepted by all users, and access to the site implies acceptance of these conditions.

ARTICLE 3: access to the site

Any User with access to the Internet may access the www.theoriginsearth.com website free of charge from anywhere. The costs incurred by the User in accessing the website (internet connection, computer equipment, etc.) are not borne by the Publisher.

The site and its various services may be interrupted or suspended by the Publisher, in particular for maintenance purposes, without any obligation to give prior notice or justification.

ARTICLE 4: Responsibility of the User

The User is responsible for the risks associated with the use of his/her login and password.

The User’s password must remain secret. In the event of disclosure of the password, the Publisher accepts no liability.

The User assumes full responsibility for the use of the information and content on The Origins Earth website.

Any use of the service by the User which directly or indirectly results in damage shall be subject to compensation to the site.

The site allows members to publish on the site :

• comments

The member undertakes to make comments that are respectful of others and of the law and accepts that these publications may be moderated or refused by the Editor, without any obligation to justify them.

By publishing on the site, the User grants the Publisher the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his/her publication, directly or through an authorised third party.

ARTICLE 5: Responsibility of the Editor

The Publisher shall not be held liable for any impediment to access to the site (breakdown, failure, interruption of operation) or to any of its functions, nor for any malfunction of the server or network.

Likewise, the site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.

The Origins Earth website undertakes to use all necessary means to guarantee the security and confidentiality of data. However, it does not guarantee total security.

The Publisher reserves the right not to guarantee the reliability of the sources, although the information published on the site is deemed reliable.

The Publisher shall not be liable for any legal action taken against the user:

• as a result of the use of the site or any service accessible via the Internet
• as a result of the user’s failure to comply with these terms and conditions

The publisher is not responsible for any damage caused to the user, to third parties and/or to the user’s equipment as a result of his/her connection to or use of the site and the user waives any action against the Publisher as a result.

ARTICLE 6 : Intellectual property

All the contents of The Origins Earth website such as logos, texts, graphic elements, photographs, videos, images, drawings, etc. are protected by the Swiss Code of Obligations and the Intellectual Property Code. All contents are also under copyright.

When the content is handed over to our clients, it remains the exclusive property of The Origins Earth, the sole owner of the intellectual property rights on this content, which must be returned to it on request.

Our clients undertake not to make any use of these content which might infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party, except with the express prior authorisation of the Publisher.

The Website Editor reserves the right to moderate or delete freely and at any time the contents put online by the users, without justification.

ARTICLE 7: Protection of personal data

The personal data that are collected on this site are the following:

• account opening: when a user account is created

• connection: when the user connects to the website, the latter records, in particular, his/her surname, first names, connection data, usage data, location data and payment data

• profile: when using the services provided on the website, a profile is created, which may include an address and telephone number

• payment: in the context of payment for the products and services offered on the website, the website records financial data relating to the user’s bank account or credit card

• communication: when the website is used to communicate with other members, the user’s communication data is temporarily stored

• cookies: cookies are used as part of the use of the website. The user has the possibility to deactivate cookies in the settings of his browser

 

ARTICLE 8: Use of personal data

The personal data collected from users is intended for the provision of the website services, their improvement and the maintenance of a secure environment, more specifically, the following uses

access and use of the website by the user:

• management of the operation and optimisation of the website
• verification, identification and authentication of data transmitted by the user
• offering the user the possibility to communicate with other users of the website
• implementation of user assistance
• personalising services by displaying advertisements according to the user’s browsing history and preferences
• prevention and containment of fraud, malicious software and management of security issues;
• management of possible disputes with users;
• sending commercial and advertising information, according to the user’s preferences

Sharing of personal data with third parties

• Personal data may be shared with third parties in the following cases

• when the user publishes, in the free comment areas of the website, information accessible to the public;

• when the user allows a third party’s website to access his/her data;

• when the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;

• if required by law, the website may transmit data to respond to claims against the website and to deal with administrative and judicial proceedings;

• if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
•  

ARTICLE 9 : Hypertext links

The setting up by the User of any hypertext links to all or part of the site is strictly forbidden, unless written authorisation is obtained from the Publisher by e-mail to the following address: contact@theoriginsearth.com

The Editor is free to refuse this authorisation without having to justify his decision in any way. In the event that the Publisher grants its authorisation, this authorisation is in any case only temporary and may be withdrawn at any time, without any obligation to justify its decision.

Any link must be withdrawn at the Publisher’s request.

Any information accessible via a link to other sites is not under the control of the Publisher who declines all responsibility for their content.

 

ARTICLE 10: Evolution of the general conditions of use and duration of the contract

The site www.theoriginsearth.com reserves the right to modify the clauses of these general conditions of use at any time and without justification.

The duration of this contract, i.e. the general conditions of use, is indefinite. The contract takes effect with regard to the User as from the start of the use of the service.

The site www.theoriginsearth.com  reserves the right to modify the clauses of these general conditions of use at any time and without justification.

 

ARTICLE 11: Modifications to the GCU

The website www.theoriginsearth.com reserves the right to make any changes to these general terms of use (GCU) relating to the protection of personal data at any time. If a change is made to these GCU, the website undertakes to publish a new version on its site and will also inform users of the change by e-mail, within 10 days of the effective date. If the user does not agree with the terms of the new clauses to the GCU.

The website www.theoriginsearth.com implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

 

ARTICLE 12 : Cookies

The Origins Earth website may automatically and indirectly collect information that will be used only to track the volume, type and pattern of traffic using this website, to develop its operation, design and layout and for administrative purposes to improve the services we offer you.

 

ARTICLE 13: Applicable law

These General Terms of Use (GCU) are subject to the application of Swiss law.

If the parties are unable to resolve a dispute amicably, the dispute shall be submitted to the jurisdiction of the Swiss courts, whose place of jurisdiction is Lausanne.