Terms of Use, Legal Notice and Disclaimer
As of: August 29th, 2023
This translation is available for your convenience. You agree that the original text in German shall take precedence in the case of a dispute.
These Terms of Use (“Terms”) determine the conditions under which you may access and use this website frehnerlaw.ch resp. www.frehnerlaw.ch (“Website”) as well as the online store as a visitor, interested party, user, customer (such as a buyer or client). Please review the Terms of Use carefully and make sure that you understand them.
When you use this website for the first time, you fully agree to the Terms, undertake to follow, respect, accept, comply with and be bound by them. If you do not wish to accept or comply with the Terms of Use, you have no choice but to refrain from using the Website as well as the Online Shop. In this case, you may not use the Service.
1. Expressions or Terms
The following terms shall generally have the following meanings in these Terms of Use or in this Agreement:
“Content” means any and all text, images, e-books, checklists, fact sheets, audio, podcasts, video, databases, software, code, scripts, and any other form of information that may be entered and stored on a computer, that appear on the Website, or be part of the Website.
“Terms of Use” or “Terms” means these Terms, which constitute the entire agreement between you and Company regarding the use of the Service.
“Service” refers to the Website and the Online Store.
“Website” refers to Frehner Law Office, accessible from frehnerlaw.ch resp. www.frehnerlaw.ch.
“Company” (in these Terms or Agreement, as applicable, either “the Company, Frehner Law Office, I, we, us or our”) refer to Frehner Law Office, Im Zentrum 9, 8604 Volketswil.
“Feedback” means your feedback, innovations or suggestions regarding our service.
“You” means the individual who accesses and uses the Service, or the company or other legal entity on whose behalf such person accesses or uses the Service, as applicable.
2. Operator
The website and the online store are owned by Frehner Law Office or its owner Tamara Frehner. They are operated by Frehner Law Office, 8604 Volketswil (hereinafter “Operator”).
3. General Informative Content, No Advice.
This website including the webstore is for general information purposes only, without representations, warranties or guarantees (whether express or implied) as to the correctness, accuracy, timeliness or completeness of the content.
The company as well as its owner are not obliged to remove outdated information or opinions, to mark them as such or to update them.
The information and opinions published on the service are neither to be understood as a recommendation nor as formal advice in legal, tax, economic or other matters. They do not establish an attorney-client relationship.
It is possible that the products and services are neither suitable nor available for you.
The information and opinions published on this website (incl. the online store) may not be suitable for you as a basis for decision-making. Paid consultations are essential before making decisions and taking concrete actions or omissions.
By using the service, the operator does not conclude any contractual relationship with the user.
4. Access to the Website, Malfunctions, “as is” and “as available” Disclaimer.
It is the responsibility of the Interested Parties and the Customers to take all necessary precautions to access the Website and/or the Service. The Interested Parties and the Customers shall fully bear the connection and communication costs incurred by accessing the Website and/or the Service and using its contents.
Access to the service or the website frehnerlaw (https://www.frehnerlaw.ch resp. frehnerlaw.ch) is provided as far as it is available as well as accessible. The operator reserves the right to change, suspend or discontinue the website (or any part of it) and the online store at any time and without prior notice. The Operator is free to determine, in terms of accessibility and functionality, at what time or during what period the Online Shop, the Website and its contents are not available. Should the website or the online store (or parts thereof) be temporarily or longer unavailable, the operator or the company and its owner are not liable to you in any way. The operator and its owner are not liable for malfunctions of the Internet, the online store, the website, the content. In no event shall the Company or its owner be liable for any special, incidental, indirect or consequential damages arising out of or in connection with your access to, use of, or inability to access or use the Service.
Access to the Service, the Website, the Online Store is provided as the Service is available and accessible when accessed via the Internet, with all faults and defects, without warranty of any kind. To the maximum extent permitted by law, the Owner, as well as the Company on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory and otherwise, with respect to the Service. Included are all warranties (whether express or implied) of merchantability, fitness for a particular purpose, title and non-infringement, and warranties which may arise out in the course of dealing, performance, usage or trade practice.
The operator and/or the company as well as their owner are neither responsible nor liable for disturbances or unavailability of the service, the online store or the website, which are due to external causes, such as technical disturbances of any kind, failures of internet providers, failures of hosting devices, failures of devices of any kind, failures of communication networks, acts of war, censorship, legal restrictions, natural events, catastrophes, ASO. The list is not exhaustive.
The Operator and/or the Company as well as their Owner do not guarantee that the Service, the Online Shop or the Website will function without errors or interruptions, that they will not contain irregularities, errors or bugs. To the extent permitted by law, the Operator as well as its Owner do not represent, warrant or guarantee that the Website or the Online Shop will meet your requirements, that they will achieve the intended results, that they are safe, that they are compatible with all software, hardware, systems and services, meet any performance and operational reliability standards, that they operate error free, that errors or defects can or will be corrected, as also that they do not infringe the rights of third parties.
Without limiting the foregoing or the following, the Operator or the Company, as the case may be, and their owner, make no representation or warranty, express or implied, of any kind whatsoever, nor do they assume any responsibility or liability
– regarding the operation or availability of the Service or the information, content, materials, products contained therein;
– with respect to the uninterrupted or error-free operation of the Service;
– with respect to errors or omissions in the content of the Service, or with respect to the results obtained from the use of such information;
– as to the timeliness, correctness, relevance, completeness, accuracy, reliability of any information or content provided through the Service;
– that the Service, the Content, the products that may be downloaded, the emails sent by or on behalf of the Company are free of viruses, worms, Trojan horses, malware, spyware, software bombs or other harmful components, components and programs.
5. Data Loss, Virus Attack, ASO.
The operator and its owner cannot be held liable for any loss or damage resulting from the use of the Internet, the service, the website (including downloading content), the online store (including downloading content), the content etc., such as namely
– Data loss;
– virus attack, worm attack, malicious program (such as Trojan horse), harmful software, malware, spyware, software bombs or other harmful components and programs;
– Other unintended, additional problems;
– Damage to hardware, software or files, data, pictures, music, videos;
– attacks by hackers, foreign intrusion into the computer system, and so on.
6. Duties as well as Obligations of the Interested Parties, Contracting Parties, Customers, Clients, Buyers.
The interested parties, visitors, users, or the contracting party, be it as a customer, client or buyer, among others, are obliged to provide for an up-to-date, effective anti-virus program, to protect themselves successfully against malware, data manipulation and other attacks, as well as to back up their data in advance. You are fully responsible for a proper data backup and the protection of your data.
The operator and its owner accept no liability for any loss of data, damage to hardware and software, repair and replacement costs. The operator and its owner assume no liability for indirect or consequential damages, such as repair and replacement costs, loss of earnings, lost business and profits, claims for damages by third parties, liability damages, consequential damages, and so on. This list is not exhaustive.
The operator as well as its owner do not assume any liability for damages which result directly or indirectly from the use, the handling, the operation, a possibly occurring disturbance or a possible breakdown of the service, the website, the online store, the products (such as namely e-books, checklists, leaflets, the like).
7. Property Rights, Copyrights, Intellectual Property
All elements on this website (including the online store) are protected by intellectual property rights and are the property of Frehner Law Office, its owner or third parties.
The content contained on the Website and/or the Service, as well as the authors and other rights to the Website, belong to or have been licensed by Frehner Law Office and/or its owner Tamara Frehner, unless otherwise explicitly indicated. The Service and its original content, features and functionality are and will remain the exclusive property of the firm, its owner and its licensors.
The content is protected worldwide by copyright respectively by the applicable Swiss and international laws and treaties for the protection of intellectual property. Any (partial or total) exploitation by means of any medium (such as graphic, technical, electronic and/or digital, including photocopying) is prohibited without the prior, express, written consent or authorization of Tamara Frehner (Frehner Law Office). This applies in particular to reproduction, copying, transfer, sale, sublicensing, use, reuse, translation, microfilming, storage and processing in electronic systems. This list is not exhaustive.
Our logo, our products may not be used in connection with any product or service without the prior written consent of the company or its owner Tamara Frehner (Frehner Law Office).
Sharing official posts on our social media pages is of course allowed and encouraged.
The content stored on or downloaded from the Service, the Website and the Online Store is for personal use only.
Downloading or printing elements of the website or the online store does not transfer any rights, namely no rights regarding software, logo or elements of the website. Copyright notices and logos may not be altered or removed. The reproduction of elements of the website and the service, in whole or in part, in any form whatsoever, whether electronic or printed, for example, is only permitted and legal with the prior express written consent of Tamara Frehner (Frehner Law Office) and only if the source is fully acknowledged.
Interested persons as well as customers are permitted to download and save downloads once exclusively for personal use on their own end devices of their choice. Furthermore, it is not permitted to change downloads in any way (whether the entire content or parts thereof) in terms of content or editorial content or to use, translate, copy for third parties, pass on, (sub)license, reuse in any other way, make publicly accessible or forward, post on the Internet or in other networks against payment or free of charge, offer, imitate, print, resell or use for commercial purposes.
The creation of a hyperlink, hot linking or inline linking from another website to the “frehnerlaw.ch” website without the prior written consent of Tamara Frehner (Frehner Law Office) is prohibited.
8. Your Feedback to us
You assign all right, title and interest in and to all Feedback you provide to the Company. If for any reason such assignment is found to be invalid, you agree to grant the Company a non-exclusive, perpetual, royalty-free, irrevocable, worldwide right and license to use, sublicense, reproduce, disclose, distribute, exploit and modify such Feedback without restrictions.
9. Links to Other Websites
Links to other websites (so-called external links) are provided for information purposes only. They are provided for user convenience. They do not indicate any endorsement, any favorable opinion of the website itself, or of the persons behind it, who operate or control it. They do not constitute any recommendation and are not under our control. In other words, the Company or its owner have no control over, and consequently assume no responsibility for, the content, correctness, truthfulness, accuracy, completeness, timeliness or fitness for any particular purpose, privacy policy or practices of any third parties’ websites or services.
We strongly recommend that you carefully read the Privacy Policy, Terms of Use, and Terms and Conditions of every third parties’ websites and services that you visit.
You accept and agree that the Company, as well as its owner, shall not be responsible or liable, directly or indirectly, for any damage, consequential damage or loss caused or alleged to be caused in connection with or by use of or reliance on any such content, services or products available on or through any such service or website.
10. Transmission of Information, E-Mail Communication.
Your email will not be considered privileged or confidential if you are not a client. Sending an email or other communication through this website does neither create an attorney-client relationship nor an attorney-client relationship.
E-mail communication is neither secure nor confidential. Compliance with the attorney-client privilege cannot be guaranteed. You use e-mail contact at your own risk, and consent to reply by e-mail. Data transmissions on the Internet, such as communication by e-mail, have security gaps. It is possible that third parties may be able to access it.
We expressly point out that the transmission of information via the Internet and other electronic means is always associated with certain risks. We cannot assume any guarantee for the information transmitted in this way. We accept no liability in this respect. If you send confidential information and documents by e-mail, this may not be secure. You do so at your own risk and bear full responsibility for it.
By using our website and online store and accessing our products and or services, third parties (e.g. the manufacturer of your device, network providers) may potentially access and process your data. Open networks are not considered a secure environment. Transmission of data over open networks is neither secure nor error-free, as data may be intercepted, altered, impaired, or eliminated, or simply lost, not transmitted at all, transmitted late, or incomplete, or may contain viruses, malware, or spyware, or may be monitored.
We expressly point out that data can be transferred uncontrolled across national borders on the Internet, even if both – sender and recipient – happen to be in the same country. Thus, data can be transferred to third countries and, as the case may be, processed there. Data protection requirements may be lower in third countries. We assume no liability whatsoever.
11. Disclaimer, Attorney-Client Relationship
Information on this website or service is provided exclusively for preliminary informational purposes only. It does not constitute, and should not be relied upon as, legal advice or legal opinion. You cannot rely on the information as it is essential to obtain legal advice from a lawyer in your jurisdiction. The retrieval and use of information from the service and / or communication with the company or its owner by e-mail does not create an attorney-client relationship or any other contractual relationship with the owner or the company, the law firm.
For the website and or its content, its veracity, accuracy, specificity, topicality, completeness, the company and its owner make no representations, warranties and or guarantees (whether express or implied) and no liability is assumed.
Any liability for any direct or indirect loss or damage of any kind or consequential loss or damage suffered by you in any way, directly or indirectly, as a result of the content, accuracy, completeness or omissions on the (web) pages, as a result of any other aspect or error of the content, incurred by you or any third party as a result of the use of this website is excluded.
12. “Use at your Own Risk” Disclaimer
All information of the Service is provided “as is” without warranty of completeness, timeliness, accuracy or of the results to be obtained from the use of such information. There is no express or implied warranty of performance or fitness for a particular purpose. This list is not exhaustive.
Neither the Company nor its owner shall be liable to you or to anyone else for any decision made, action taken, or omission made by you in reliance on any information provided to you by the Service, or for any direct, indirect, consequential, or incidental damages, even if adverted to the possibility of such damages.
13. Limitation or Rejection of Liability
This website contains general information. Statements may not be up-to-date, complete or comprehensive. Current legal developments may not be taken into account. Neither a complete overview is intended nor a comprehensive summary is given. The general information does not constitute legal advice, legal opinion or legal opinion. It may not be applicable to your particular situation. You should not take any action based on the information contained on this website.
The company and its owner do not accept any liability for any damage that may result from the use of this service. Likewise, the Company and its owner shall not be liable for any damages or consequential damages resulting from the use of or inability to use the information on this website, even if the Company or its owner have been made aware of the possibility of such damages.
The operator or the company as well as its owner do not assume any liability for damages resulting directly or indirectly from the use, handling, operation, a possibly occurring malfunction or a possible operational failure of the products.
You are fully responsible for a proper data backup and the protection of your data. The operator assumes no liability for any loss of data.
The liability of the operator, the company or its owner is excluded as far as legally permissible, or possibly excluded to the greatest extent permitted by applicable law, in particular
– for (slight, medium and gross) negligence,
– for any kind of incidental, indirect and or consequential damages and/or special damages,
– for loss of profit, loss of income or savings, other loss of assets, business and revenue, loss of an opportunity,
– loss of service, loss of production, business interruption,
– losses relating to business operations or goodwill,
– useless expenditure of time or loss of time,
– personal injury,
– loss of privacy
– Image damage, liability damage, litigation damage, pre-litigation legal fees, damage to other property,
– unrealized savings,
– damages from delay in delivery,
– claims for compensation by third parties,
– any acts and omissions of the Operator’s auxiliary persons, whether contractual or non-contractual,
– loss of and damage to data, files, audios, videos, images or other information or damage to recorded data (no product liability).
This list is not exhaustive.
In the event that the exclusion of implied warranties or the exclusion of liability is not permissible for any reason, liability will be limited to the fullest extent permitted by law.
The operator as well as its owner disclaim liability in the following cases:
– use of the products contrary to the contract, unlawful, improper use,
– force majeure, for which the operator or its owner are not responsible.
The operator as well as its owner, to the extent permitted by applicable law, assume no liability for any foreseeable or unforeseeable damage or loss, whether based on contract, tort (negligence included) or unjust enrichment, whether for breach of statutory or other obligations arising in connection with the use or inability to use the online store, the website and its content (including reliance on the content of the website, products, e-books, checklists, etc.).
The contents of the website, videos, podcasts, e-books, checklists, fact sheets, and other publications are intended to provide general information to the reader without claiming to be complete, up-to-date, or legally binding. They are not legal advice or legal opinion to be relied upon with respect to specific circumstances. Neither a warranty nor liability is assumed. The operator or its owner make no representation, warranty and/or guarantee that the content is complete, accurate and/or current. For specific application of the law to your particular situation, you should seek professional advice.
14. Indemnification
You agree to indemnify, hold harmless, and defend the Company, the Law Firm, its owner, members, employees and agents from and against any and all losses, costs, expenses (including attorneys’ fees and costs), claims, damages and liabilities related to or arising out of your use of the Service and/or the Website.
15. Cookies
Please take heed of our Cookie-Settings.
16. Data Protection
Please pay attention to our Privacy Policy so that you are informed about our handling of personal data.
17. Changes or Additions to these Terms
The operator frehnerlaw or its owner reserve the right to replace or modify the existing terms of use or guidelines at any time at their sole discretion without prior written notice. Such changes or amendments shall become effective immediately upon publication on this website. The respective binding version can be viewed on this website.
It is up to you to review this website occasionally – preferably every time you access it – and to go through the Terms of Use. If you do not understand or do not accept one or more of the provisions of the latest Terms of Use, you must immediately leave this website (including the online store) and not access it again.
The Terms will become binding upon you as soon as you use or access the Website for the first time after the changes have been implemented. You fully agree with the Terms of Use, including the revised ones. Otherwise, you will immediately stop accessing and using the Website, the Online Shop or the Service.
The version of these Terms of Use in force at the time of use shall be decisive and apply in each case. The current and valid provisions shall prevail in the event of a conflict between a current and one or more previous versions, unless it is expressly stated otherwise.
18. Assignment, Transfer and Delegation
Both the Company and its owner, as well as their legal successors and agents, are entitled to rely on these Terms of Use. The Company and its owner may assign or transfer any of their rights under these Terms and Conditions. The Company and its owner may delegate or transfer to third parties the performance of all obligations arising from these Terms and Conditions.
19. Severability Clause
Should individual provisions or formulations of these Terms of Use be invalid or unenforceable, or not, no longer or not completely comply with the applicable legal situation, this shall not affect the validity of the remaining provisions as a whole. The remaining parts of the Terms of Use shall remain unaffected in their content and validity and will continue in full force and effect. The invalid provision shall be amended or interpreted in such a way that its economic purpose is preserved to the greatest extent permissible.
20. Settlement of Disputes
If you have any concerns or disputes regarding the Service, you agree to first resolve the dispute informally by contacting the Company or its owner.
21. Governing Law and Place of Jurisdiction
These terms and conditions shall be governed by and construed in accordance with Swiss law (with the express exclusion of its conflict of laws rules, of Swiss private international law and international treaties or international conventions, in particular also with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 [Vienna Sales Convention or UN Sales Convention, CISG / United Nations Convention on Contracts for the International Sale of Goods]).
For all and any disputes regarding these terms of use, shall be subject to the jurisdiction of the competent, ordinary courts of the Canton of Zurich are recognized as competent. The exclusive place of jurisdiction is the domicile of the operator or the Frehner law office.
22. Contacting Us
If you have any questions about these terms, contact up by e-mail: info@frehnerlaw.ch or use any other methods provided on the contact page.