General Terms and Conditions of Use of the site web
Date of issue: 28th April 2025
The website portgitana.ch (hereinafter the “Site”) is owned and operated by Port Gitana SA (hereinafter “Port Gitana”).
Port Gitana can be contacted by email at the address reception@portgitana.ch.
SITE DESCRIPTION
The Site is intended to inform anyone using it (hereinafter the “User”) as part of the services offered by Port Gitana.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use (hereinafter the “Terms of Use”) are intended to define the legal terms and conditions under which Port Gitana allows the User to access and use the Site. By accessing, browsing, or otherwise using the Site, the User acknowledges that he/she has read and understood these Terms of Use and agrees to be bound by them and to comply with all applicable laws and regulations. The User guarantees that he/she has the legal capacity to accept these Terms of Use. Should the User not accept these Terms of Use, he/she must immediately cease accessing and/or using the Site.
These Terms of Use are translated into the English language for information purposes only. In case of any discrepancy, only the French version shall prevail.
Port Gitana reserves the right to make any changes to these Terms of Use at its sole and absolute discretion. Continued use of the Site, whether or not the new Terms of Use have been expressly accepted, shall constitute acceptance. Should the User not accept such changes, he/she shall have no right to obtain information or access the Site and must immediately cease using it. The User is responsible for regularly checking these Terms of Use in their current version. These Terms of Use may be consulted at any time on the Site.
1. Privacy Policy
By using the Site, the User accepts that Port Gitana may collect, process, and use personal data concerning him/her. Such information obtained through the Site will be used solely in accordance with the Privacy Policy, the terms of which form an integral part of these Terms of Use.
2. User Obligations
The User is authorized to use the Site only in accordance with Swiss law and any other applicable law. The User may only use the Site for lawful purposes, and any illegal or inappropriate use is excluded.
In particular, the User agrees not to perform any of the following acts in connection with the use of the Site:
- To upload, post, transmit, distribute, or otherwise make available any content containing viruses or any other programs that may be harmful to the Site or to the interests and property of Users or Port Gitana;
- To copy, modify, or distribute the rights or contents of the Site in any manner whatsoever;
- To use any content or information from the Site for the purpose of competing with Port Gitana;
- To commercialize any code, information, or software associated with the Site;
- To use the Site in any manner that, in the sole discretion of Port Gitana, is undesirable, illegal, inappropriate, or that restricts or limits the ability of any other person to use the Site, or that may harm or expose Port Gitana or its Users to liability;
- To use or attempt to use another person’s account or to create a false identity;
- To facilitate or assist any other person in doing any of the acts described above.
3. Intellectual Property Rights
The intellectual property rights, including but not limited to logos, designs, photographs, domain names, site structure, graphic charter, and all other rights relating to the content available on the Site are the exclusive property of Port Gitana or its licensors. This includes all rights to any software associated with the Site. The provisions of these Terms of Use do not constitute any transfer of intellectual property rights. Any total or partial reproduction of the Site is strictly prohibited.
4. License
Port Gitana grants the User a worldwide, limited, non-exclusive, non-transferable, and revocable license to use the Site for his/her personal and non-commercial needs, as well as to display the Site’s content on his/her computer screen or any other device (including a mobile phone or tablet), provided that the User complies with these Terms of Use. Any other use is excluded without the prior written consent of Port Gitana.
5. Security
Users are aware of the risks associated with the use of the Internet. Port Gitana implements standard security measures in this regard.
6. Limitation of Liability
Within the limits of the law, Port Gitana excludes all warranties and liability in connection with or arising from the Site.
In particular, Port Gitana provides no warranty in relation to the information published or available on the Site, whether regarding its availability, accuracy, or compliance with the law. Port Gitana does not guarantee that the Site will be available at all times and expressly reserves the right to discontinue its operation without notice.
Port Gitana shall not be liable for any damage whatsoever, including loss of income or data, suffered by a User or a third party.
7. Transfer
Users may not transfer any of their rights or obligations under these Terms of Use without the prior written consent of Port Gitana.
Port Gitana may transfer all of its rights and obligations under these Terms of Use without obtaining the User’s prior written consent, including any personal data, for the purpose of ensuring the continued operation of the Site.
8. Final Provisions
If any provision of these Terms of Use is found to be invalid by a court or other competent authority, that provision shall be limited to the least extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms of Use, as well as any matters arising out of or in connection with them (including non-contractual disputes or claims and their interpretation), shall be governed by Swiss law, excluding its conflict of laws rules.
Any claim or dispute in connection with these Terms of Use (including non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.