Making Sense of I.T.

Introduction

The information provided by this website is aimed at people and organizations interested in TWD Industries AG (hereinafter referred to as TWD) and its affiliated companies (hereinafter referred to as the Group companies). By accessing information published on TWD websites, or by using TWD products and services, you accept the following terms and conditions.

Independence

TWD is a privately-held technology organization that makes products for the I.T., telecommunication, and security markets. The quality of the information provided by TWD is one of the core values of our brands.

TWD's independence allows us to produce research and offer sound advice. TWD research agendas and conclusions are solely under TWD control and nobody can purchase favorable opinions.

Linking to TWD websites

TWD is not responsible for the content of any off-site pages or any other sites linked to the sites managed by TWD. Your linking to any other off-site pages or other sites is at your own risk.

You may freely link to any page of the TWD website. If you link to TWD, you may not duplicate the content and may not include TWD sites into frames. You also may not imply that TWD endorses you or your services or products and may not misrepresent a relationship with or otherwise create a false affiliation, association, or connection, with TWD or its website.

Data protection and privacy

Personal data provided by users is not passed along to third parties unless necessary for the indicated purpose (i.e. for processing payments). Because communications over the Internet are not secure nor confidential, users are requested not to send any confidential information to TWD using unprotected email or contact forms. All information received by TWD through unprotected methods is considered non-confidential and is treated accordingly. TWD processes the information received via the Internet in accordance with the Swiss Federal laws governing the protection of data.

Cookies

TWD's website log files collect and store visitor's data that may be used for our company's marketing and optimization purposes. For some tasks like processing orders on Web forms, cookies may be used. Cookies are small text files that are saved in the temporary storage folder of the client Internet browser used to browse the site. You can disable cookies from your Internet browser in which case some functionalities of this website might be unavailable.

Intellectual property rights

The logos and brands used on TWD websites are registered as trademarks and are protected by trademark law. Third parties may only use the logos and brands that belong to TWD and its subsidiaries with the explicit written permission of TWD and/or its respective subsidiary. TWD's website contents are protected by copyright law.

Contents

TWD may change contents and product specifications at any time and without prior notice. Due to the distributed and heavily cached nature of the Internet, and although TWD is pursuing efforts to ensure that the provided information is correct, TWD does not make any guarantees (either expressed or tacit) for the accuracy, completeness and up-to-dateness of the information viewed or downloaded from our websites.

For the same reasons, TWD assumes no liability for the sound functionality and operational stability of the information downloaded from its websites. TWD is precisely stressing that public networks like the Internet can harbor risks caused by unexpected alterations, malicious or accidental. TWD is unable to offer any support or assume liability for any possible problems, system interruptions or other damages for any system hosted by third-parties and connected to public networks.

Ordering, Order Receipts, and Order Confirmations

Clients can order from TWD via its website or by phone and fax from Monday to Friday, (9am to 6pm). Following an order, TWD will provide the client with an email to confirm this order, along with an order number for further reference. Both this email and order number merely confirm the reception of an order and do not constitute an acceptation of this order. Once TWD has processed an order, a second email will be sent to confirm the acceptation of this order. The decision to accept an order is under TWD's sole discretion. Because TWD wants to check that any given product, accessories and services are available, orders are not accepted before having prepared the full product for shipping. For the products that are in stock, this validation usually takes 24 hours during open business days. For products including accessories or services that are not immediately available, TWD sends an email to confirm the order acceptation only after all the parts of the product have been prepared for delivery, which will never happen after the delivery delay indicated on the order form. Once TWD has send the email to confirm the acceptation of an order, a contract has been established between the client and TWD, the terms of which will be provided with this email. At this moment, TWD will ship the product(s) ordered by the client.

Product Availability and Restrictions

TWD products consist both in software and hardware. While software can be duplicated almost instantly, hardware must be manufactured, tested, stored, assembled to match each customer's specifications, and then physically shipped. Given the popularity of TWD products and/or the constraints affecting the availability of hardware parts, TWD may have to limit the number of products available for purchase at a given time. While TWD works hard to plan appropriate volumes of manufacturing and storage, numerous political, economic and natural events may limit or delay the availability of some electronic parts. Because of this, TWD reserves itself the right to change the quantities available for purchase at any time, and even after clients have send an order, in which case TWD will not accept orders that cannot be satisfied in a timely fashion.

Shipping

TWD may offer standard and express shipping methods. Clients are informed of the related costs when ordering. Orders are shipped once all the products, accessories and services are available in order to have one single delivery. While TWD is provided with an estimated delivery date by third-party delivery services, please note that the effective delivery date can be affected by numerous events that are independent from TWD's will. But as TWD is monitoring its supply and delivery chain, clients will be notified of any significant delay and TWD will work in concert with clients to find any appropriate alternative when needed. From the moment TWD is handling the delivery of the products to the clients, the risk of loss or damage of these products will be transfered to the client once the client or a person acting for the client will receive the products.

Guaranty

TWD provides a guaranty of one year against manufacturing defect for the products sold on its website(s). To protect our customers appropriately, this guaranty is independent from the obligations imposed by the related laws and regulation in Switzerland or in the country or residence of each client.

Exportation

TWD products are following the regulations applicable for export controls. Clients cannot export products purchased from TWD to another country if doing so is prohibited by the relevant export control regulations. Client intending to export TWD products to another country must first obtain the licenses and authorizations required by the law.

Cancellations and Returns

Consumers have the right to cancel orders for any reason. In all cases, they must respect the following conditions: clients must first contact TWD to get a return identifier, these requests must take place within 14 days after the command has been delivered, and to qualify, return request must satisfy the following legal restrictions: software provided via electronic delivery and subscriptions to online updates and online services after the downloading started with your express consent to renounce to your cancellation right; personalized services such as gift packaging or product activation, either once those services have been started with your your express consent to renounce to your cancellation right, or after they have been fully executed (if the services have not been fully executed and you have requested their execution to start within 14 days following the acceptation of a contractual agreement then you will be billed a proportional amount of the services already executed until the moment of your cancellation request); computer software sold under sealed blisters, electronic media such as books, movies, goods personalized for the customer, and goods which prices are highly dependent on the fluctuations of international financial markets. Further, if the products have been used and/or damaged, then the sums paid by the client will be used to compensate for the loss of these products value. Regular shipping costs (vs express shipping) can be refunded if the products are returned in their original sealed blisters and boxes in the proper delays. Therefore, if a refund request is validated by TWD, then the client will support all the expenses that happened until the cancellation request has been fully processed as well as its related processing fees, direct and indirect costs.

Subscriptions Terms and Conditions

Subscribers enjoy the services provided by TWD at the condition that they accepted the terms and conditions of the services they have subscribed to. Individuals must be at least 18 years old, must have paid the full amount of their order(s), and must have activated the services. They must use the hardware and software provided by TWD without alteration, and must not do unauthorized case opening, try to interfere nor do any reverse-engineering attempt. They also accept that any abuse of TWD services can trigger the necessary investigations aimed at repairing the damaged parties, and launch indemnification claims and further penalties, including, and without recourse, the cancellation of the subscription without refund and the payment of all additional expenses induced by these tasks for which a minimum of one administrative fee of 700 CHF (seven hundred Swiss Francs) is automatically charged. In order to maintain the quality of the network, and without regard to the status of any parallel procedure, canceled subscribers will qualify for a new account only if their account is in good-standing and after they have repaired the damages that they may have caused.

Limitation of Liability

IN NO EVENT SHALL TWD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF TWD SERVERS OR WITH THE DELAY OR INABILITY TO USE TWD SERVERS, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH TWD SERVERS, OR OTHERWISE ARISING OUT OF THE USE OF TWD SERVERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TWD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Jurisdiction

Unless otherwise specified, the materials on the TWD website are presented solely to provide information regarding and to promote TWD's products and services. The TWD site is controlled and operated by TWD from its offices in Switzerland. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Usage Agreement or your use of the TWD products, services or website shall be filed only in the courts of justice located in Switzerland, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Those who choose to access TWD websites from other countries than Switzerland do so on their own initiative and are responsible for compliance with local laws, if and to the extent that, local laws are applicable.