T R A V E L ,   R E D E F I N E D

This website / app is owned and operated by Evasionist SA

Registered office: Evasionist SA · 100, rue du Rhône · ℅ Fiduciaire Verifid SA . 1204 Geneva · Switzerland

Commercial Register: Canton Geneva CH-660.2.995.016-0

VAT number: CHE-166.630.209 TVA

Contact: info@evasionist.com

Website creation: Adveris

General

This agreement sets forth the terms and conditions for your access and use of all services (websites, mobile applications and other software, related services, hereinafter referred to as the “Service”) produced, published and/or distributed by Evasionist S.A. (hereinafter "Evasionist", "we", "our", see imprint for full details). The terms "you" and/or "user" refer to the person accessing our Service. Our Privacy Policy forms an integral part of this Agreement. It explains how we collect, use and disclose information that pertains to your privacy. By using the Service you acknowledge that you have:
a. read and reviewed this agreement in its entirety,
b. you agree to be bound in full by the terms of this agreement, and
c. your obligations under this agreement are binding and enforceable.

Changes to the Agreement

From time to time, Evasionist may amend the terms of this agreement. Any such change becomes effective when posted in the relevant sections of Evasionist's Service. By continuing to use the Service after such changes are posted, you agree to the revised agreement.

Equipment

You are solely responsible for the maintenance of your device or any other equipment used to access the Service. You are also required to use the most recent version of the software in order to use the Service.

Rules and Conduct

Users are responsible for their use of the Service.

Restrictions of use

Users may not do any of the following with or to the Service or any part thereof:
a. decompile, reverse engineer or disassemble it,
b. tamper or interfere with its functionality, delivery or operation,
c. assign, sub-licence, pledge, lease, sell, rent, transfer, resell or distribute it,
d. duplicate, reproduce, copy, modify or otherwise create derivative works of it,
e. alter or remove any identification of any copyright, trademark or other proprietary rights notice which indicates Evasionist’s ownership of the Service, or
f. export or re-export the Software, directly or indirectly.
You shall abide by all applicable local, national and international laws and regulations in connection with your use of the Service. In addition to other prohibitions set forth in the Terms of Service, users are prohibited from using the Service:
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts; c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl, or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Third-Party Websites

The Service may enable you to interact with or access other Websites operated by third parties. When accessing such third-party Websites, you do so at your own risk. These third-party Websites are not under Evasionist’s control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, information practices or any other aspect of such Websites. Your use of these third-party Websites, and the collection and use of information by these third-party Websites in connection with such use, is governed by the terms and conditions of these third-party Websites and the privacy policies of the respective third-party Website operators. You acknowledge and agree that Evasionist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, good or services available on or through any such third-party Website.

Support

Evasionist has no obligation to provide users with support, maintenance, upgrades, modifications or new releases with respect to the Service.

Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available” with no technical support or representations, either expressed or implied, by statute or otherwise, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. You specifically agree that, to the maximum extent permitted by law, Evasionist shall not be liable for losses or liabilities arising in connection with your download, installation or use of the Service, including, but not limited to, loss or liability resulting or arising from or in connection with:
a. software conflicts related to the Service;
b. data non-delivery, data misdelivery or unauthorised access to transmissions of data;
c. defects or viruses in, or distributed with, the Service or content;
d. your own misuse of your personal device or the software applications contained on your personal device; or
e. the unavailability of the Service.
Your sole remedy with respect to any claim is to stop using the Service.

Limitation of Liability

To the maximum extent permitted by law, Evasionist shall not be liable to you for any loss or damage arising out of or relating in any way to the Service.

Indemnification

You hereby agree to release, indemnify, defend and hold harmless Evasionist and its shareholders, affiliates, officers, directors, employees, agents and advisers from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgements, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation or download of the Service, as well as your use of the Service beyond or contrary to the terms of this Agreement. Evasionist reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

Content

Evasionist owns and/or licenses the content on the Service, including software, text, visual and audio content and trademarks, logos and brand elements on the Service. All rights are expressly reserved. Content and marks (proprietary or belonging to third parties) are protected under Swiss and international laws.

Linking to the Evasionist Service

You may link to the Service, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without prior notice.

Termination

Evasionist reserves the right to change or discontinue the Service at any time without prior notice.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law. You agree that with regard to any dispute arising between you and Evasionist out of, or in connection with, these Terms (including a dispute regarding the construction and validity thereof) the ordinary courts of the Canton of Geneva, Switzerland, shall have exclusive jurisdiction, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Privacy Policy