TERMS AND CONDITIONS
conNEXT Legal Info
Last modified: December 2019
Connexcom offers you conNEXT as Free Version (“conNEXT free”), Plus Version with additional features against a monthly or yearly fee (“conNEXT plus”), and as Black Edition (“conNEXT black”) with all additional features for a one-time only fixed fee.
IT IS IMPORTANT FOR YOU TO NOTE THAT IF YOU CHOSE NOT TO CONTINUE PAYING FEES FOR CONNEXT PLUS, THE DATA STORED UNDER THE ADDITIONAL FEATURES WILL NO LONGER BE ACCESSIBLE TO YOU. CONNEXCOM WILL KEEP SUCH DATA FOR YOU FOR THREE MONTHS AFTER THE LAPSE OF CONNEXT PLUS. DURING THESE THREE MONTHS YOU WILL BE ABLE TO REACTIVATE THE NO LONGER ACCESSIBLE DATA BY SUBSCRIBING AGAIN TO CONNEXT PLUS. IF YOU SUBSCRIBED TO CONNEXT BLACK, YOUR DATA WILL BE AVAILABLE TO YOU FOR AS LONG AS CONNEXCOM OPERATES CONNEXT.
PLEASE BE AWARE THAT WITH CONNEXT YOUR DATA IS STORED ENCRYPTED ON YOUR SMARTPHONE. IF YOU FORGET A PASSWORD, CONNEXCOM WILL, AS WE PROTECT YOUR PRIVACY, NOT BE IN A POSITION TO RECOVER SUCH DATA, WHICH THEN IS LOST.
Please note that conNEXT is not a replacement for your mobile or fixed line telephone and does not allow you to make emergency calls to emergency services such as police, fire brigade, or emergency medical services. To ensure that you can make such calls you must make alternative communication arrangements.
Mobile coverage is determined pursuant to your underlying mobile contract. When using a Wi-Fi hotspot please note that communication through conNEXT can be interrupted when leaving the area covered by the hotspot.
Support for conNEXT and the offered Services shall only be provided online by e-mail (email@example.com).
Some features of the Services may be subject to further terms and conditions, which you should read before making use of them and which add up to these Terms. Please understand that anyone who has your phone number may call you or send you communications through our Services and anyone you send a communication can use its content as he or she desires.
We are always optimizing and adding features to our Services. Therefore, and because laws and regulations change, we may revise and reissue these Terms from time to time. By installing updates to Services you consent and agree to so updated Terms. If you do not agree to such Terms, you should stop using our Services or close your conNEXT user account (“Account”). Your continued use of any of our Services will be deemed as your acceptance of updated Terms.
The information you provide us with to use the Services must be accurate. To use the Services or some of the features offered in them, you will be asked to provide true and complete registration details. If we believe that the details are not correct, current, or complete, we are entitled to prevent you from accessing conNEXT and Services, or any features thereof, and to terminate or suspend your Account.
Our Services and the characters, logos, or other images, materials, and content appearing or incorporated in our Services (“Materials”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”) and/or as registered or unregistered trademarks, trade names, and/or service marks (“Trademarks”). Such Copyrights and/or Trademarks are owned by Connexcom and/or others. Connexcom or its licensors own the title, copyright, and other intellectual property rights in the Services and Materials. By using our Services, you do not acquire any ownership rights in Services and/or Materials.
Connexcom shall grant you a limited, non-exclusive, non-transferrable, revocable and non-sub-licensable license (“License”) to use the Services and Materials, which is subject to your compliance with the Terms. You may not modify or use the Services and/or Materials for any purpose not permitted by these Terms. Prohibited use violates these Terms and may be Copyrights and/or Trademarks protected by law.
You may access and display Materials for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. Unless specifically authorized by Connexcom, Materials may not be otherwise copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used. It is prohibited to decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software of the Services into a readable form, to examine the construction of such software and/or to copy or create other products based on or derived from such software. You are not allowed to rent, lease, lend, sell, redistribute or sublicense Materials and/or the Services.
If you contravene the Terms, including the License, Connexcom has the right to withdraw the License at any time without notice. If due to such contravention caused by you Connexcom is threatened by a law suit or sued, you shall indemnify Connexcom against any third-party claims.
You may only use any Service and its contents for lawful purposes and in accordance with applicable laws and regulations. You are prohibited from storing, distributing, or transmitting any unlawful material through Services. If doing so you may be subject to criminal and/or civil liability. You agree that if a third-party claims that material you have communicated with a Service is unlawful, it is your burden to establish that it is lawful. You acknowledge that the sender of material communicated with a Service is solely responsible for its contents and legality, and not Connexcom.
Communication and using Services between conNEXT users is free of charge if both users are connected to Wi-Fi. In case of connection through mobile data network, such communication will use some of the data allowance of the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage. Please note that you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges of your mobile network operator.
Connexcom may collect value added taxes or other indirect taxes at the applicable rate and tax rules for the particular country at the time of purchase of Points or at the time you use the Points.
Unless otherwise prohibited by local laws, after not having used your Points for one year, they expire. You will not be able to reactivate expired Points.
In case of any errors relating to the pricing, Connexcom is entitled to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge.
Save as provided by law, all purchases are final and non-refundable. If you believe that Connexcom has erroneously charged you, Connexcom must be contacted within 90 days of such charge. There are no refunds for charges older than 90 days. If you purchase any digital content through conNEXT, any right you may have to withdraw from or cancel the purchase will, subject to applicable law, terminate once the digital content has been delivered to you upon your request, and you will not be entitled to claim any refund, except where you believe Connexcom has charged you in error. If you use third party services to purchase Points, such purchase is also subject to the terms of such third party, including regarding payment terms, refunds, etc..
We reserve the right to refuse a refund request if we believe or suspect: (a) that you are trying to unfairly exploit this refund policy, for instance, by making repetitive refund requests in respect of the same product or feature; (b) that you are in breach of the Terms and/or the License; (c) that you are using any of our products fraudulently or that your Account is being used by a third party fraudulently; or (d) that you purchased your Points through a third party service and the terms of such third party do not allow such refund.
With respect to conNEXT, you consent to Connexcom tracking and analyzing usage behavior. The tracking and analysis shall be done in anonymous form, with the exception of the IP address.
You further agree to the following data being compiled and analyzed:
- The mobile devices used by you;
- The browser and browser language used by you;
- The operating system used by you;
- Your IP location and IP address as well as date and time;
- The displayed recommendations, advertisements and coupons;
- Traffic data generated by the Services you are using such as, including but not limited, usage frequency and type of communications.
To analyze usage behavior, Connexcom works together with foreign firms and therefore transmits anonymous data outside of Switzerland. Connexcom shall use best efforts that any third parties it works with are bound by the same data protection and data security provisions as Connexcom and that they may only process such data to the same extent as Connexcom is entitled. Furthermore, only the data required for the particular mandate may be made available to third parties for processing.
Please note that you are responsible for protecting the data on your Account and device, in particular from third-party access. Connexcom recommends that you protect your device at least with a password. You are responsible for all activities under your Account. Connexcom will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. Additionally, you may be held liable for any losses incurred by Connexcom or another parties due to someone else using your Account.
You acknowledge and agree that Connexcom does not guarantee that Services always operate without any interruptions or faults. The usage of Services is at your own risk. Impairments and malfunctions associated with the installation or usage of Services cannot be excluded.
The Agreement enters into force when you register for conNEXT and the Services it provides and extend for an indefinite period. The Agreement comes into effect exclusively between you and Connexcom.
Connexcom makes no representation that a Service is available for use or permitted by law in any particular location. To the extent you choose to access a Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
With the use of Services you agree to allow Connexcom to send you recommendations, advertisements, coupons and other forms of promotional material. You agree not to restrict the access and display of such material for as long as you use Services.
You can terminate the Agreement at any time by deleting/uninstalling conNEXT. If you uninstall conNEXT you may transfer or delete data stored through conNEXT on your device. Upon uninstalling the App all personal data from your usage such as messages and contacts will be removed permanently. If you reinstall the application after this time it would be considered a new clean installation.
Connexcom shall at all times have the right and be entitled to modify or discontinue, temporarily or permanently, all or any part of a Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
The Agreement shall be governed by the laws of Switzerland. The place of jurisdiction shall be Zug, except a mandatory place of jurisdiction applies.
Please review the following documents, which provide additional information about your use of our services: