Terms&Conditions

Terms & Conditions

These Terms of Use (“Terms”) are between Swistor SA (“Swistor”” “we” or “us”) and you, our customer or user, both as a person or the entity you may be representing here (“User” or “you”). These Terms govern your use of our website (https://www.swistor.com/) as well as our services, products and offerings (collectively the “Services”).

Please read these Terms carefully to understand and agree to each provision.

In addition to these Terms, we have a separate Privacy Policy that explains how we collect, use and protect your personal data. We also have our Cookies Notice which you can access to learn more about how we use cookies and what it means for you. Please have a look at these as well.

1. Who we are

we are Swistor SA, a Swiss company registered at Avenue de Tivoli 19b, 1007 Lausanne, Switzerland. In case of any questions or requests, please contact us by email legal@swistor.com

2. Our Services

Services: we operate and maintain our Services, including our website, to share information about our company, what we offer to our customers, our technology as well as to promote relevant content, products and services. Any use or access to such information is subject to these Terms. We reserve the right to withdraw, restrict or amend the website, its content or any Services and material provided at any time.

3. How to accept these Terms

Acceptance of the Terms: by visiting, accessing or using our Services, you accept these Terms and consent to contract with us electronically. If you don’t agree to these Terms, you must stop using the Services.

How we may change these Terms: we may update these Terms by posting a revised version on the website. By continuing to use our website, you accept any revised version of these Terms. Whenever you wish to use or access the Services, please check these Terms available on our website to ensure you understand the terms that apply at that time.

4. How to access and use our Services

Access to our Services: you may browse the website without registering. However, you may be required to register with us to access certain parts of the website or access some of the Services.

Eligibility: you caxn use our Services only as permitted by applicable law. If the law where you reside requires you to be older for the Services to be legally provided without parental consent (including the use of your personal data), then you must be that age.

Changes to the Services: we reserve the right to change our Services, including the availability of certain features or content at any time at our sole discretion.

Use of our Services: when using our Services you agree not to, directly or indirectly:

modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Services, in whole or in part, except as expressly permitted in these Terms or with our prior written consent;
use electronic or other means to extract details or information from the Services, or extract information about users of our Services in order to offer them any services or products;
use our Services to violate any applicable state or federal law and regulation, including, but not limited to, any copyright, trademark, patent, anti-piracy, or other intellectual property law or regulation, or encourage or enable others to violate any such laws or regulations;
use our Services in any way that could potentially disable, overburden, damage, disturb or impair the Services or interfere with any other user's use of the Services or rights;
introduce or enable the introduction of any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to our Services;
attempt to gain unauthorised access to, interfere with, to damage, or disrupt our Services, the server on which they are stored, or any server, computer, or database connected to our Services; or
take any action that may damage, attack or falsify the website, or otherwise attempt to interfere with the proper functioning of the Services or the proper use by other parties.

5. Links to Third Parties

Third-Party Links: from time to time, we may provide or share third-party links on our website (“Third-Party Links”). We do not control and are not responsible for such third-party products, services, or content made accessible via those Third-Party Links. You agree to be bound by the relevant terms and conditions by accessing them. We disclaim liability for any information, materials, products or services posted or offered at Third-Party Links or interfaces. You are responsible for viewing and abiding by the privacy statements and terms and conditions posted at such Third-Party Links.

6. How we deal with the License and Intellectual Property

Intellectual Property: the Services, and all its elements, are the sole and exclusive property of Swistor and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the website other than as expressly authorised by Swistor in writing. You hereby acknowledge and agree that, as between Swistor and you, all right, title, and interest in and to the Services shall be owned exclusively by Swistor.

Exclusions: your use of the Services does not imply any license or transfer of rights regarding the elements of the Services. In particular, any duplication, reproduction, representation, adaptation, modification, distribution or sale of all or part of the Services, as well as all or part of its content, by any process and in any medium, is unlawful unless prior, express, written permission has been obtained from Swistor or the owner of the intellectual property rights. We may suspend or terminate your access to our Services in such cases or for any violation of the restrictions in these Terms, without prejudice to any other rights and remedies we may have under any applicable law and these Terms.

7. Our Disclaimers and Warranties

Content: our Services, and any related content, is for general information only. It is not intended to constitute technical recommendations, nor to address your specific requirements or provide advice on which reliance should be placed. Swistor makes no representations about the suitability of the information contained in the Services for any purpose.

Services: while we try to ensure the information provided is accurate, the Services, including all materials, content, and products displayed or made available in connection with it, are provided “as is,” with no representations or warranties. We expressly disclaim to the fullest extent permitted by law all warranties including, but not limited to, all warranties and conditions of merchantability, latent defects, fitness for a particular purpose, title, and noninfringement. We can’t be held liable for any errors or omissions related to the Services or for any damage you may suffer due to the use or non-use of the information. You agree that your use of the Services will be at your risk and that you will be solely responsible for any harm, loss or damage that results from your use of the Services. You accept your responsibility for the results of your actions.

Website security: while we attempt to keep our website safe and well-functioning, using the website can expose you to some risks. We don't guarantee or warrant that the website, the information, or files available through any of our Services will be free of infection by software viruses or other harmful computer code, files, threats or programs. We are not responsible for any harm, damages or viruses that may infect your computer equipment or other devices when browsing or using any of our Services. Likewise, you accept your responsibility for the results of your actions.

8. Our Liability

Exclusion of liability: we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence and for fraud or fraudulent misrepresentation.

No liability for consequential or indirect damages: to the maximum extent permitted by applicable law, in no event will Swistor, its members, affiliates, directors, associates, partners, agents, employees, or representatives be liable for any indirect, exemplary, punitive, special, incidental, or consequential damages (including but not limited to damages for loss of profits, loss of data, loss of goodwill, business interruption, personal injury, loss of privacy, or attorneys’ Fees), arising out of or related to the Services, regardless of the cause of action, even if we have been informed of the possibility of such allegations.

Force majeure: we are not liable for damages caused by force majeure. By force majeure, we mean a circumstance which prevents us from fulfilling our obligations and which is unforeseeable, beyond our reasonable control, and causes the non-fulfilment of an obligation.

Limitation of liability: to the maximum extent permitted by law, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), or the Services, will always be limited to a maximum of CHF 50. The existence of more than one claim will not enlarge this limit.

These limitations of Clause 8 do not apply if and to the extent mandatory applicable law is in contradiction with such limitations.

9. Indemnity

Indemnification: you agree to indemnify and hold Swistor (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Swistor reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Swistor. Swistor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. Terms and Termination of Services

Term and termination: these Terms enter into force when you accept this or start using the Services.

Termination by you: you may stop using the Services at any time.

Termination by us: we may terminate your Terms for the Service with immediate effect, at our own discretion, or if you violate any provisions of these Terms.

11. Governing Law, Disputes and Jurisdiction

Governing law: the law of Switzerland shall apply to these Terms and to any operations or use of the Services and our relationship.

Dispute resolution and Jurisdiction: if you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@swistor.com, and provide a brief description of your complaint and your contact information. We will try to solve any dispute amicably as soon as possible, by way of good faith negotiations. If we cannot reach an agreement, any dispute, controversy or claim arising out of or relating to these Terms, must be brought in a court of competent jurisdiction in Lausanne, Switzerland. Subject to applicable laws, you irrevocably waive any right to assert a defence based on lack of jurisdiction

12. General

How we communicate with you: we will communicate with you through the email address provided by you or via our website.

Severability: if any provision of these Terms or its application is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms will remain in full force and effect enforced to the fullest extent consistent with applicable law.

No Waiver: no waiver of any term of these Terms or failure to assert a right or provision will constitute a future or ongoing waiver of such term (or any other term) or such right or provision.

Survival: the provisions of these Terms which by their nature reasonably should survive the termination or expiration of these Terms shall survive any termination or expiration of these Terms.

Privacy Notice

Swistor respects your privacy and is committed to protecting your personal data. This privacy notice explains how we collect and process your personal data through your use of our website https://www.swistor.com/, including any data you may provide through this website when you communicate with us, and in course of providing you with our services or products (Service). This notice does not apply to personal information collected by or through any other online or offline sites, products, or services not controlled by us. When you use third-party sites, products, or services, you are subject to those third parties’ policies.

We may change our privacy notice from time to time. We will post any changes to our privacy notice on our website with the effective date of the change. We encourage you to check back often for updates to this notice.

1. Who we are and useful contacts

We are Swistor SA, registered at Avenue de Tivoli 19b, 1007 Lausanne, Switzerland. In case of any questions or requests in relation to our data processing practices, you may contact us by email legal@swistor.com.

You have the right to make a complaint at any time to the Federal Data Protection and Information Commissioner (FDPIC), or your national data protection authority with regards to GDPR rights.

2. How do we collect information about you?

We may collect information about you in various ways, as described below:

You may provide us with information directly. Typically, this happens when you register to receive our press releases or e-mail alerts, or contact us through our website, by e-mail, telephone, or social media.
We may collect information about you automatically. Typically, this happens when you interact with our website and we receive information about your equipment, browsing actions and patterns. We may collect information about you automatically through the use of cookies and similar tracking technologies (such as web beacons/pixels) that you receive when you visit our website. These mechanisms may include Google Analytics cookies (see www.google.com/policies/privacy/partners/). To learn more about our usage of cookies, see our Cookies Notice.
We may collect information about you from third parties or publicly available sources such as service providers, social media platforms, public databases, and from our business partners.

3.What information about you do we collect ?

We may collect various types of information about you:

Information that we collect from you directly will be apparent from the context in which you provide it. For example, when you contact us or place a request for a quotation or an order, we may collect your name, surname, email, phone number, address, payment information necessary for handling your order.
Where we need to collect personal information by law or in order to process your instructions or perform a contract (for instance, your membership or registration to our events) and you fail to provide that information when requested, we may not be able to carry out your instructions or perform the contract we have or are trying to enter into with you. In this case, we may have to cancel our engagement or contract you have with us, but we will notify you if this is the case at the time.
When you use our Service, some information may be collected automatically. This includes the type of device you use to access the Service, your IP address and your approximate geographic location, the operating system and version, your browser type, the website content you view and features you access on our website.
Information that we collect from third parties or public sources will generally consist of publicly available profile information (such as your preferences and interests), for example from public social media posts. We may receive such information as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system from analytics providers and advertising networks. We may receive payment information from our payment service providers and information relating to handling your orders from delivery service providers.

4. How do we use information about you ?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform our obligations in accordance with any contract that we may have or about to have with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.
Based on your consent which you can withdraw at any time by contacting us at legal@swistor.com. Typical situations when we may ask for your consent include placing specific cookies on your device, certain marketing communications, and other activities communicated to you in a relevant consent request. We will not perform any such activity without your prior consent.

We may use your personal data for the following purposes:

to register you as a new customer;
to process and deliver your requests and orders, including to manage payments, fees and charges, handle your orders, provide you with sales-related support collect and recover money owed to us;
to manage our relationship with you, including to notify you about changes to our terms or privacy policy or to ask you to leave a review or take a survey;
to administer and protect our website, including data analysis, testing, system maintenance, support, reporting and hosting of data;
to protect the security of our communications and other systems and to prevent and detect security threats, frauds or other malicious activities;
to comply with regulatory obligations, such as record keeping or complying with law enforcement requirements;
to meet our internal and external audit requirements;
to use data analytics to improve our website, products, marketing, customer relationships and experiences in order to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy;
to deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you in order to study how customers use our Service, to develop our business and to inform our marketing strategy;
to make suggestions and recommendations to you about goods or services that may be of interest to you in order to develop our business.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. To opt-out of receiving our marketing communications please follow the opt-out links on any marketing message sent to you or contact us by legal@swistor.com.

5. How do we share information about you ?

We may share or disclose your personal information to third parties in certain circumstances as described below:

With service providers: We may share your personal information with third-party service providers who help us operate our business or provide services to you. These service providers may include payment processors, delivery service providers, IT service providers, and CRM service providers. We only share your personal information with service providers who have agreed to comply with data protection requirements and use your personal information only for the purposes for which we have engaged them.

With business partners: We may share your personal information with our business partners. For example, we may share your personal information with our distributors and resellers to provide you with our products and services, to follow-up on sales inquiries and to provide you with information that you have requested.

For legal reasons: We may share your personal information if we believe it is necessary to comply with applicable laws or regulations, to respond to a subpoena, court order, or other legal request, or to protect our rights, property, or safety or the rights, property, or safety of our users or others.

For business transfers: As we develop our business, we may buy or sell assets or business offerings. We may disclose or transfer your personal information in course of corporate mergers, acquisitions, or other similar transactions.

With your consent: We may share your personal information with other third parties with your consent. We will provide you with relevant information when your consent is requested.

6. Where do we store, process and transfer information about you ?

We store your personal information on our servers located in the European Economic Area. We may also store your personal information on servers or databases owned or operated by third-party service providers we have engaged, located outside the European Economic Area, for example, in the United States.

Please note that some of the countries outside of the European Economic Area that we may transfer your personal information to have been recognized by the European Commission as providing an adequate level of data protection. In other cases, we will ensure that appropriate safeguards are in place to protect your personal information, such as by using standard contractual clauses approved by the European Commission.

If you have any questions or concerns about how we transfer your personal information to other countries, please contact us at legal@swistor.com.

7. How do we protect information about you ?

We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration, or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.

8. How long do we keep information about you?

We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.

9. What rights and options do you have?

You have various rights with respect to our use of your personal information:

Access: You have the right to request a copy of the personal information that we hold about you. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal personal information about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal information held about you. If you wish to do this, please contact us using the contact details provided below.

Accuracy: We aim to keep your personal information accurate, current, and complete. We encourage you to contact us to let us know if any of your personal information is not accurate or changes, so that we can keep your personal information up to date.

Objecting and restricting: In certain circumstances, you also have the right to object to processing of your personal information and to ask us to block, erase and restrict your personal information. If you would like us to stop using your personal information, please contact us.

Porting: You have the right to request that some of your personal information is provided to you, or to another data controller, in a commonly used, machine-readable format.

Erasure: You have the right to ask us to erase your personal information when the personal information is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information have been unlawfully processed.

Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint with the applicable supervisory authority, or to seek a remedy through the courts.

You may, at any time, exercise any of the above rights, by contacting legal@swistor.com together with a proof of your identity, i.e., a copy of your ID card, or passport, or any other valid identifying document.

Right to withdraw consent: If you have provided your consent to the collection, processing, and transfer of your personal information, you have the right to withdraw your consent fully or partly by contacting legal@swistor.com or sending a corresponding request to our address as stated in the beginning of this policy. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose to which you originally consented.

Cookies Notice

This cookies policy explains how we use cookies and similar tracking technologies on our website https://www.swistor.com and related online services. Please, consult our privacy notice for more details about our data processing practices.

1. Cookies Basics

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. When you visit our website, strictly necessary cookies will be placed on your device – these cookies do not require your consent. For performance, functionality, targeting and social media cookies, we request your consent before placing them on your device. You can change the cookie settings that will be placed when you visit our website by changing the settings on your browser or by visiting the Cookie Preference Centre.

First and third-party cookies: whether a cookie is “first” or “third” party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by you at the time (e.g., cookies placed by https://www.swistor.com). Third-party cookies are cookies that are set by a domain other than that of the website being visited by you. If you visit a website and another entity sets a cookie through that website, this would be a third-party cookie.

Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

You do not need to allow cookies to visit most of the website. However, enabling cookies may allow for a more tailored browsing experience and is required for certain parts of the website to work.

2. Cookies on our website

To find out about specific cookies we use on this site, please see below.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. You can set your browser to block or alert you about these cookies, but that will cause some parts of the site to not work.

Some of our strictly necessary cookies are third-party cookies and placed by Wix.

Analytical Cookies

These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

We use Google Analytics on our website.

To view an overview of your Google Analytics cookie please go here: https://support.google.com/analytics/answer/6004245.

You may install a Google Analytics opt-out browser add-on by going here: https://tools.google.com/dlpage/gaoptout?hl=en-GB.

Functional Cookies

These are used to recognise you when you return to our website. It enables us to personalise our content for you, greet you by name and remember your preferences.

Some of our functional cookies are third-party cookies and placed by Wix.

Advertising Cookies

These cookies can be used to deliver marketing campaigns by us and our partners that are relevant to you and can be used to chart the effectiveness of an advertising campaign by tracking users’ clicks. These cookies may be set by us or by third party[AL2] providers whose services we have added to our pages.

Third Party Website Cookies

When using our website, you may be directed to other websites for such activities as surveys, to make payments, or to view content hosted on those websites such as an embedded video or news article. These websites may use their own cookies. We do not have control over the placement of cookies by other websites you visit, even if you are directed to them from our website.

3. How to control cookies ?

Our Cookie Preference Centre can be utilized to customize your cookie preferences. The tool will record when you have consented to our cookie usage and will ask for consent from time to time to ensure users stay up to date with changes to our cookie and privacy policies. Strictly necessary cookies cannot be disabled, nor can the tool be used to block cookies on third-party websites linked from our website.

Please note that, most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. To disable cookies through your browser, follow the instructions usually located within the “Help,” “Tools” or “Edit” menus in your browser. If you block or erase cookies some features of the Service may not operate properly and your online experience may be limited.

If performance cookies are deleted, the information collected prior to the preference change may still be used. However, we will stop using the disabled cookie to collect any further information from your user experience.

Making Energy Storage Sustainable