These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the legal relationship between LIFE
PLANTATION SARL, rue des petits-Champs 13, 1400 Yverdon-les-Bains, Switzerland (hereinafter referred to as “LIFE”) and the customers (hereinafter referred to as the “Customer”), together referred to as the “Parties”, by virtue of the binding sales contract (hereinafter referred to as the “Contract”) entered into between them.

1. Outsourcing of activities and services

LIFE may outsource any activities and services to third-party companies based in Switzerland or abroad.

LIFE is free to choose and commission any service provider of its choice to achieve the objectives set out in the Contract.

In particular, it may use the services of collection, recovery, IT support or other companies.

Such outsourcing is subject to the need to transmit data to internal or external service providers, without excluding the possibility that the latter may also have recourse to other service providers.

All service providers are bound by an obligation of confidentiality.

2. Banking obligations

At LIFE’s request, the customer must provide all banking information and documents required to execute the contract, in particular concerning the source of funds and the legal and tax status of the customer, his auxiliaries, third-party payers, successors, assigns, etc. involved in the transaction in one way or another, at LIFE’s entire discretion.

The customer assumes full responsibility for the documents and information communicated to LIFE, with LIFE’s full release.

If the customer fails to comply, LIFE assumes no liability and reserves the right to withhold the amount paid by the customer for any compensation, with cancellation of the purchase title and termination of the Contract.

3. Copyright and intellectual property

LIFE retains all copyright and other intellectual property rights in the Product, and any materials developed, designed and created by LIFE under the Agreement.

The customer may not use and/or copy material created by LIFE or developed by LIFE.

All LIFE material must remain strictly confidential, unless otherwise agreed by LIFE.

4. Data protection and confidentiality

All information provided to LIFE by the customer is treated as confidential.

LIFE undertakes not to pass on this information to unauthorized third parties.

Exceptions to this rule include lawyers, auditors and financial institutions with whom LIFE collaborates.

To the extent required by law or any competent governmental authority or the rules of any competent
body, LIFE is entitled to pass on the Customer’s information as well as if such information is or becomes in the public domain.

The customer agrees that LIFE may disclose customer data in order to comply with its regulatory obligations and to protect its legitimate interests.

This applies in particular to all matters with an international component, insofar as the relevant legislation requires such disclosure of data.

In this context, the customer releases LIFE from the obligation to protect its data.

LIFE ensures that all recipients are subject to the relevant confidentiality obligations.

This information may also be passed on to other parties who need it to enable LIFE to perform the Contract or to represent the Customer’s interests.

For the rest, the following data protection conditions apply: Go to page.

5. Compliance with the law

The customer is responsible for complying with all applicable laws and regulations.

This also includes tax declaration and payment obligations.

6. Assignment

This Agreement shall remain in full force and effect between the Parties and their successors and assigns, legal or instituted.

No successor or assignee shall be validly recognized without the agreement of the other Party.

7. Assignment of rights and claims

LIFE reserves the right to refuse any service to a subsequent Customer who is unable to demonstrate that the previous Customer has fulfilled all of its obligations to LIFE under the terms of the Contract.

8. Liability

The information, opinions and documents issued by LIFE are for general information purposes only, they do not constitute legal or professional advice and should not be considered as a substitute for specific advice tailored to particular circumstances.

LIFE accepts no responsibility for any loss that may result from reliance on the information, documents or opinions provided.

Documents and information issued by LIFE, in particular in connection with the Contract, are provided for general information purposes only and do not constitute legal or professional advice or any commitment on the part of LIFE.

LIFE excludes all liability, in particular in relation to its agents. Liability on the part of Life’s vicarious agents is expressly excluded, even in the case of gross negligence.

LIFE accepts no liability whatsoever for any costs, commissions, indemnities or taxes incurred directly or indirectly by the customer on behalf of any Swiss or foreign authority
.

To the fullest extent permitted by law, in no event shall LIFE be liable to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or tort, including negligence, or otherwise, arising out of or in connection with the use of all or any part of the LIFE website, or any information or materials issued by LIFE in connection with the Agreement.

In no event shall LIFE be liable for any incidental, special, punitive or consequential damages, however caused, arising out of or in connection with the Agreement or the use of the LIFE web site, its contents or the inability to use the LIFE web site.

This disclaimer applies to all damages or injury, including those caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access, whether due to breach of agreement, tortious behavior, negligence or any other cause of action.

9. Sufficient financial resources

LIFE may offer the customer an additional call for funds to cover any uncovered costs, although each customer is free to withdraw.

However, the Customer has no right to claim reimbursement of his participation or return of the rights and claims he has assigned.

In the event that the costs of the proceedings and other advances exceed LIFE’s financial resources and no additional funding is available, LIFE reserves the right not to pay the advances, which would result in the application not being processed or any appeal, in particular to the Federal Supreme Court, being inadmissible.

10. Possible loss of rights

The Customer acknowledges that it may lose rights of action/recourse if, for any reason whatsoever, LIFE does not initiate the possible action or recourse, or if its efforts are unsuccessful.

The customer confirms that LIFE cannot be held liable in such a case.

11. Notifications

All notifications or other instruments or documents to be sent to the Customer by LIFE will be sent by electronic mail.

The Customer acknowledges the inherent risks of such electronic communication, including, but not limited to, limited confidentiality, manipulation, transmission failures, lack of integrity or corruption of data by viruses.

In particular, LIFE does not represent or warrant that electronic messages sent to a Customer will be received by the intended recipient without unauthorized modification or in a timely manner; that the electronic communication indicating LIFE as the sender has been sent by LIFE; and that the electronic communication to the Customer will be read and processed in a timely manner.

LIFE shall not be liable and excludes all liability for damages suffered by a Customer arising out of or in connection with the realization of any risk inherent in the use of electronic communications.

12. Language

This agreement may be drawn up in several languages.

However, only the French version shall be deemed authentic in the event of a dispute, particularly with regard to its interpretation and execution.

13. No simple partnership

The present contractual relationship does not create a simple partnership or any corporate structure whatsoever.

14. Force majeure

In no event shall LIFE be liable for any failure or delay in the performance of its obligations under these GTC or the Contract resulting from or caused by, directly or indirectly, forces beyond its control, including, but not limited to, epidemics, strikes, work stoppages, accidents, acts of war or terrorism, civil or military unrest, nuclear or natural disasters or acts of God, and interruptions,
loss or malfunction of utilities, communications or computer services (software and hardware); it being understood that LIFE will make all reasonable efforts to resume operations as soon as possible in such circumstances.

LIFE acknowledges and agrees that any decision or action taken by any court or governmental or regulatory authority having jurisdiction over LIFE, which may result in LIFE being unable to perform its obligations under these GTC and the Agreement, shall be taken into consideration and shall constitute an acceptable excuse for LIFE to be deemed unable to perform in a timely manner while such actions are in effect.

15. Separability

If any provision of these T&C is held to be prohibited, ineffective or otherwise unenforceable in whole or in part for any reason whatsoever, such provision shall cease to have effect without affecting the validity of the remaining provisions of this Agreement.

The Parties hereto or the competent court shall replace this provision by another provision so as to preserve, as far as possible, the economic balance of these GTC.

16. Signatures

Each customer is responsible for the absolute accuracy of all information concerning him or her. LIFE must be notified immediately of any changes.

LIFE accepts no liability for relying on the authenticity and validity of a signature which is in fact neither authentic nor valid, including in the event of lack of capacity for reasons of personal incapacity, insolvency proceedings involving the Customer concerned, or other reasons.

If LIFE doubts the authenticity of a signature on a notification, it has the right, but not the obligation, to require that this signature be authenticated by a notary or verified in any other way.