radicant business services ag
The following terms of use (‘Terms’) govern the relationship between radicant business services ag (‘RBS’, ‘we’, ‘us’, or ‘our’) and users (‘you’, ‘your’, the ‘user’, or collectively the ‘users’) of our website and its subpages (the ‘website’).
These Terms apply to your use of the website, including but not limited to all content made available therein such as text, graphics, interactive features, logos, photographs, videos, software and any other content or materials (collectively referred to as the ‘Content’). They also apply to all features, tools, functionalities, products and services accessible or offered through the website (collectively referred to as the ‘Services’).
The website provides general information about RBS and our business activities. It serves as an access point to our Software-as-a-Service (“SaaS”) solution, a cloud-based platform available via web and mobile applications. The SaaS solution enables users to manage certain Services digitally, including but not limited to accounting, fiduciary, payroll, consulting, administrative, and related Services, depending on the selected subscription plan.
The Services may further include tools for document management, workflow automation, communication with our team, and integrations with third-party platforms. Certain service plans facilitate the application for banking services, which are delivered by an external financial institution. Users selecting such plans are managed by the respective provider’s platform to complete registration and onboarding for banking services. RBS does not provide banking services. Banking services are subject to separate terms, conditions, validation and approval processes defined by the relevant banking partner.
In accordance with Art. 3 Abs. 1 lit. s of the Swiss Unfair Competition Act (UCA), we are responsible for the Content published on this website.
RBS processes your personal data according to RBS’s data protection notice available as updated from time to time on the RBS website.
a) By accessing our website or signing up to certain Services, you agree to have read, understood and be bound by these Terms. For certain Services offered on the website, you will have to provide your consent to the respective applicable terms of use or terms and conditions. Your consent will be logged.
b) These Terms, other legal notices and all information on the website may be changed at any time without prior notice. Changes will be published on our website. If you do not agree to one or more of the changes, you must refrain from accessing the website. Continued access to the website following any modification in these terms or other legal notices will constitute your acceptance of these Terms and legal notices as modified.
a) Access to certain Services offered via our website, including the use of features available through our SaaS solution, requires prior registration and the creation of a user account (“user account”). During the registration process, you will be asked to provide accurate, current, and complete information.
b) Upon successful registration and acceptance of the applicable terms and conditions, RBS will create a user account for you. You can access your user account using your designated username and password via the web or mobile application.
c) If multiple service levels, access types, or subscription options are available during registration, you must select the desired option during the sign-up process and accept the corresponding terms and conditions.
d) Without limitation to section 4 (e) below, in case of any misappropriation or misuse of the account or your username or password, RBS reserves the right to suspend or disable the account temporarily or permanently, as necessary and determined at RBS’s discretion.
a) The website and its Content are not intended for use by or distribution to users located and/or residing outside of Switzerland.
b) Except as explicitly provided for in these Terms, RBS does not transfer, assign or grant any rights, title or interest in and to the website and its services, including, without limitation, its Content. RBS grants the user a non-exclusive, revocable, non-transferrable, non-sublicensable right to use the website, its Services and its Content limited to the extent necessary to access the website and make use of the Services in accordance with these terms.
c) RBS will not treat users of its website as their customer by virtue of access to the website. If you would like to become a customer of RBS, you must complete the registration process within the RBS web/mobile app, as well as enter into a separate agreement between you and RBS and agree to the applicable terms and conditions.
d) You hereby represent and warrant not to:
i) Use the website, Services and Content for any purpose other than to access the Services and Content as offered by RBS
ii) Bypass, disable or otherwise interfere with security related features or access restrictions
iii) Delete or modify notices regarding copyright or other proprietary rights on any of the Content or Services
iv) Use the Services for any illegal purpose under Swiss laws or any applicable jurisdiction
v) Collect personal information about other users or third parties without RBS’s explicit consent
vi) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code
vii) Interfere with service functionality or other users’ experience
e) RBS may suspend, modify, or discontinue any part of the website or services at any time, including geo-blocking specific Content or regions.
5.1. Website Content
All information and Content on this website are under copyrights of RBS or third parties, unless stated otherwise.
You may not copy, modify, distribute, publicly display, reproduce, republish, or create derivative works from any part of the website without RBS’s prior written consent. Downloading, copying, or printing pages is permitted for personal, non-commercial use only and does not transfer any rights or title to you.
No information or Content on this website shall be construed as granting any license or right to use any trademark, logo, image or other Content protected by any intellectual property rights.
Any reproduction, re-publication or distribution of the Content requires the explicit consent of RBS.
The SaaS solution made available through our web and mobile applications is based on proprietary software and intellectual property, including but not limited to code, functionalities, configurations, and business logic. All rights, title, and interest in and to the SaaS solution, including updates, enhancements, and associated documentation, remain with RBS.
Subject to a valid registration and active user account, RBS grants you a limited (for the duration of the subscription), non-exclusive, non-transferable, and non-sublicensable license to access and use the SaaS solution for its intended purposes and strictly in accordance with the applicable terms and conditions and any related service agreements.
You may not copy, reproduce, decompile, reverse engineer, disassemble, modify, or create derivative works of the SaaS solution, nor allow third parties to access or use it unless expressly authorized by RBS.
a) Die Webseite und ihre Inhalte werden, soweit gesetzlich zulässig, «wie besehen» und «wie verfügbar» bereitgestellt. RBS übernimmt keinerlei Gewähr für die Richtigkeit, Genauigkeit, Aktualität, Zuverlässigkeit oder Vollständigkeit der Inhalte. Sämtliche Inhalte sind vorläufig und unverbindlich. RBS ist nicht verpflichtet, veraltete Informationen zu aktualisieren oder als solche zu kennzeichnen. Für Fehler, Auslassungen oder Unterbrechungen übernimmt RBS keine Haftung.
b) RBS behält sich das Recht vor, jederzeit jeglichen Aspekt der Webseite oder der damit verbundenen Services sowie verlinkte oder eingebettete Inhalte auszusetzen, einzustellen oder den Zugriff darauf zu verhindern, einschliesslich des Rechts, die Webseite, die Inhalte und die Services ganz oder teilweise einzustellen oder den Zugriff aus bestimmten Gebieten (Geoblocking) zu unterbinden.
c) RBS gibt weder ausdrücklich noch stillschweigend irgendwelche Zusicherungen oder Gewährleistungen in Bezug auf die Webseite und die Services ab, insbesondere nicht hinsichtlich
(i) der Eignung für einen bestimmten Zweck oder bestimmter Funktionalitäten;
(ii) Verzögerungen, Unterbrechungen, Fehlern oder Auslassungen in den Services, insbesondere bei unangekündigten Aussetzungen der Services; (iii) der Übertragung oder Bereitstellung der Services;
(iv) der Genauigkeit, Vollständigkeit oder Rechtskonformität von Informationen oder Daten, die von Dritten bereitgestellt werden; oder
(vi) anderer Gewährleistungen in Bezug auf Leistung, Nichtleistung oder sonstige Handlungen oder Unterlassungen von RBS.
a) To the extent legally permitted, RBS excludes all liability arising from access to information on the website or links to third party websites or arising because the access is not possible.
b) RBS shall not be liable for any direct and indirect losses, costs or consequential damages incurred by you. This exclusion of liability shall also apply to any damage resulting from third parties having manipulated the website. In addition, RBS excludes any liability for manipulation of your computer systems by third parties.
c) RBS shall not be liable for any acts or omissions of its subcontractors. RBS shall further not be liable for any delays or failures caused by circumstances beyond its reasonable control, including, without limitations, acts of God, acts of civil or military authorities, pandemic, epidemic, fires, floods, and earthquakes.
The Content and information provided on the website is for general informational purposes only and does not constitute a binding offer to provide Services. Any description of Services, pricing, or solutions are non-binding and subject to change at any time without prior notice.
a) Notwithstanding anything to the contrary in these Terms you shall indemnify, defend and hold us harmless from and against any damages, losses, expenses or other costs incurred (including reasonable attorney fees) arising out of any claims or threatened claims by third parties in connection with your breach of any representation or warranty under these Terms.
b) RBS reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify RBS in accordance with these Terms, and you herewith agree to cooperate with RBS’s defence of these claims.
The website may contain links to websites or Services operated by other providers than RBS and its affiliates (collectively the ‘Third-party Services’). Third-party Services may have their own terms of use and privacy policy.
We do not endorse, control or assume responsibility for any Third-party Services or for any information, materials, products, or services contained offered through them. RBS expressly disclaims all liability arising from your use of or reliance on any content, data handling practices, or Services provided by third parties.
Apart from linking to Third-party Services on the website, we do not provide any additional Services on their behalf to users. We disclaim any liability for any potential offers made or Services provided by respective third parties.
RBS shall be entitled at any time and without prior notice to suspend or permanently disable your access to the website and the Services, including, without limitation, in the event of your actual or suspected unauthorised use of the website and/or the Services.
If this occurs:
i) You shall cease to use the Services immediately
ii) Any licenses granted by RBS to you shall cease and fall back to RBS immediately
iii) Any provision of these terms that, expressly or by nature, survives suspension or termination shall remain in force
RBS shall not be liable for any damages, losses, expenses, or costs incurred by you as a result or in connection with a termination or suspension.
These Terms and all matters arising out of or relating to it shall be governed by and construed in accordance with the substantial laws of Switzerland, excluding its conflict of law provisions.
All disputes arising out of or in connection with these Terms shall be submitted to the competent courts of the Canton of Zürich, Switzerland.
13.1 Notices and agreement
Unless otherwise explicitly stated in these terms, your notices to RBS under these terms, shall be in English or German and be sent to the following e-mail address:
13.2 Assignment
You may not assign any or all rights and obligations under these Terms without our prior written consent, but nothing in these Terms shall restrict us from assigning any or all rights and obligations under these Terms to any third party or any affiliate.
13.3 Entire Agreement
These Terms shall constitute the entire understanding of the parties as to its subject matter and shall replace any prior agreements. Both parties agree that no oral or written side agreements regarding the subject matter of these Terms exist.
13.4 No Waiver / No Warranty
Failure or delay in exercising any right or remedy by RBS under these Terms shall not constitute a waiver of such (or any other) right or remedy by RBS. Unless expressly stated in these Terms, nothing shall amount to any representation or warranty of RBS in connection to provision of the website, Content and Services.
13.5 Severability
If one or several provisions of these Terms would be invalid, incomplete, or void, this shall not affect the validity of its remaining provisions. In place of the invalid/void provision, such a provision that comes closest to the purpose intended by the invalid/void provision shall take effect. This shall also apply to fulfilling any gaps in the agreement.
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