MA group
TERMS
AND CONDITIONS
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT MA GROUP AG RIGHTS AND OBLIGATIONS
January 1, 2024
MA Group AG arranges electronic access for institutions. MA Group AG does not own the content and all access is provided via the Publishers’ own online resources.
1.0. The following Terms and Conditions are entered by and between Publisher and MA Group AG. These Terms and Conditions shall apply to all Publishers to whom the services are supplied by MA Group AG. These Terms and Conditions shall prevail over any Publisher terms, unless expressly accepted in writing by MA Group AG.
1.1. MA Group AG reserves the authority, in its sole discretion, to alter, amend, supplement, or remove all or any part of these Terms and Conditions, including but not limited to any term, applicable fee, policy or directive at any given moment without notice or consent of Publisher. The version published on the website shall prevail over all versions and shall apply to agreements formed subsequent to its publication date, without additional notification required for the Publisher.
1.2. The terms of the prior agreement Publisher signed with MA Group AG are mandatory and shall take precedence over these Terms and Conditions for the duration of the prior agreement. Upon termination or expiration of the prior agreement, these Terms and Conditions shall apply.
2.0. MA Group AG offers support and guidance in sales and promotion strategies tailored to the Publishers’ resources within agreed-upon markets or countries. Furthermore, MA Group AG manages collecting and payment processes on behalf of the Publisher. If operating costs for these services increase in any partnership country, MA Group AG reserves the right to allocate these costs to the Publisher with prior written notice.
2.1. MA Group AG ensures swift payment to the Publisher upon receipt of funds from the customer, and diligently addresses any issues customer may encounter. MA Group AG cannot assume liability for government actions, Internet connectivity, or customer performance, including bankruptcy, it remains committed to fulfilling all obligations to the Publisher to the best of its abilities.
2.2. MA Group AG absolves itself of any obligation concerning Publisher’s performance or financial responsibility.
2.3. MA Group AG is not responsible for and has no control over Publisher’s pricing.
3.0. MA Group AG takes responsibility for placing customer orders correctly and timely and ensuring the Publisher receives payment according to payment terms mutually agreed upon between the Publisher and MA Group AG.
3.1. The Publisher is responsible for timely delivering the electronic content to the customer.
3.2. Customer shall be responsible for compliance with the terms and conditions set forth by the Publisher of each publication.
4.0. All intellectual property rights in the content ordered from Publisher via MA Group AG are reserved to the owner of such intellectual property.
5.0. The parties hereby acknowledge that the disclosure and use of specific technology,, data, expertise, and/or other information concerning and/or proposed products of each party, including but not limited to each party’s research, products, services, compilations, methodologies, innovations, development e endeavours, processes, designs, drawings, marketing or financial data, and all other information reasonably considered confidential shall constitute confidential information (“Confidential Information”). Each party shall (a) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) refrain from disclosing Confidential Information, except to affiliates, employees, and agents who require access and who have committed in writing to maintain its confidentiality. Each party (and any affiliates, employees, and agents to whom it has disclosed Confidential Information) may solely employ the Confidential Information to exercise rights and fulfil obligations under the agreed Terms and Conditions, while using reasonable care to protect it. Each party is responsible for any actions of its affiliates, employees, and agents in case of any breach of these duties.
5.1. Confidential Information does not contain any information that (a) the recipient of the Confidential Information can demonstrate that it has already been revealed through sources not subject to confidentiality; (b) becomes publicly available without any involvement of the recipient; (c) is independently created by the recipient; or (d) is provided to the recipient by a third party not bound to confidentiality obligations.
5.2. Each party may disclose the other party’s Confidential Information upon request by law, but only after it, if legally permissible, (a) uses commercially reasonable means to notify the other party and (b) gives the other party the opportunity to contest the disclosure of the Confidential Information.
6.0. Unless state otherwise in this agreement, (a) all notices must be in written form and directed to the other party’s legal department and primary person of contact and (b) notice will be considered given: (i) upon confirmation of receipt in writing if sent by courier, or upon acknowledgment of receipt if sent by mail without the need for verification; or (ii) upon confirmation through automated receipt or electronic logs if sent by facsimile or email. A copy of any notice sent to MA Group AG shall also be sent to the attention of the Director of MA Group AG, Avenue de Beauregard 1,CH-1700, Fribourg, Switzerland.
6.1. Neither party may reveal any part of these Terms and Conditions without the written consent of the other party, except to an affiliate, but only if (a) the assignee agrees in writing to be bound by these Terms and Conditions; and (b) the assigning party remains liable for obligations agreed on under these Terms and Conditions prior to the assignment. Any other attempt to transfer or assign these Terms and Conditions is deemed void.
6.2. Both parties shall not be held accountable for any insufficient performance resulting from force majeure, circumstances (such natural disasters, acts of war or terrorism, civil unrest, labor disputes, governmental actions, and Internet disruptions) beyond the reasonable control of either party.
6.3. Failure to enforce any clause within these Terms and Conditions shall not be deemed as a waiver. The waiver of any entitlement or selection of any recourse in a particular situation by either party shall not impinge upon any rights or remedies in subsequent situations. A waiver shall only be valid if made in writing and signed by an authorized representative of both parties.
6.4. In the event of any provision of these Terms and Conditions is found to be illegal or unenforceable, such provision shall be deemed severed and the rest of these Terms and Conditions shall remain fully enforceable and effective.
6.5. These Terms and Conditions are construed to and governed by the laws of Switzerland, without affecting any choice-of-law rules that may require the application of the laws of another jurisdiction.
7.0. LIABILITY DISCLAIMER
PUBLISHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT MA GROUP AG AND ITS AFFILIATES, CO-BRANDERS, OR OTHER PARTNERS, AS WELL AS DIRECTORS, OFFICERS, , SHAREHOLDERS, EMPLOYEES, AND AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, BE HELD LIABLE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES. THESE DAMAGES INCLUDEBUT ARE NOT LIMITED TO LOSSES IN BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MA GROUP AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).SUCH DAMAGES MAY ARISE FROM (A) THE USE OR INABILITY TO USE THE DATA OR SERVICES; (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF SERVICE PERFORMANCE; (C) THE EXPENSEOF OBTAININGSUBSTITUTE PRODUCTS AND SERVICES DUE TO ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED,RECIEPT OF MESSAGES OR ENGAGEMENT IN TRANSACTIONS THROUGH OR VIA THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (F) ANY PRODUCT OR SERVICE PROVIDED VIA THE SERVICE; OR (G) ANY OTHER MATTER RELATING TO THE INFORMATION OR SERVICES.ADDITIONALLY, MA GROUP AG SHALL NOT BE LIABLE TO PUBLISHER FOR ANY IMPLIED WARRANTY, CONDITION, OR OTHER TERM, OR ANY DUTY AT COMMON LAW OR BREACH OF STATUTORY DUTY, OR UNDER THE EXPRESS TERMS OF ANY AGREEMENT. PUBLISHER ACKNOWLEDGES THAT THEY HAVE NOT RELIED ON ANY SUCH REPRESENTATION, WHETHER CAUSED BY THE NEGLIGENCE OF MA GROUP AG, ITS EMPLOYEES, OR AGENTS, OR OTHERWISE, RESULTING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY MA GROUP AG TO THE PUBLISHER.