Your satisfaction and an excellent customer experience are very important to us. We want you to be as comfortable as possible visiting our website and using our services.
These Terms and Conditions of Use govern the website https://prfact.ch (the Website) and all derived websites such as https://showroom.prfact.ch and activities of PRfact AG.
This is a contract between ‘you’ (the Customer) and ‘us’ (PRfact AG), it describes the terms and conditions of the service to be provided by PRfact together with other aspects our business relationship and cooperation, these terms are mandatory to make you benefit with a service of quality.
Customer agreement to these terms is necessary to receive the PRfact Service.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
“Customer” means a natural person or the legal entity who accepted the commercial proposal issued by PRfact or issued a purchase order accepted by PRfact, Customer is deemed to include and legal entity within the Customer’s group which has to be accepted by PRfact as a beneficiary of the Services.
“Content(s)” means all information, data, text, images, messages, sound, music, video and any other information that the Customer incorporate into the Service directly or through a third party acting on its behalf.
“Personal data” means personal data as defined by the General Data Protection Regulation (GDPR) 2016/679 issued by the European Parliament and European Council dated April 27, 2016 on data protection and privacy for all individuals, witch provisions and requirements pertain to the processing of personal data.
“Confidential information” means all information of any kind communicated by the Customer or PRfact to each other, in writing or orally and mentioned as confidential by the party delivering the information. This information is including, but not limited to, the Content, Personal data and PRfact’s technical data and commercial data.
“PRfact services or Service” means all services provided by PRfact to the Customer using or based on the PRfact Digital Suite including all associated services as described in article 1 “PRfact Service” hereunder.
“Subject matter” means the subject matter of processing the Personal data for the purpose of providing the Services and involving the Personal data of the Customer as specified in the purchase order or the proposal issued par PRfact and these General Terms of Services.
The term ‘you’ refers to the user or viewer of our website.
1. Scope & Content
These Terms & Conditions apply to your use of the website, which is owned or operated by PRfact AG (PRfact), as well as to every service and feature offered on all websites, including but not limited to the published articles covering information about brands and products and ordering products for editorial shoot purpose.
The content of the pages of this website is for your general information only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material, which is owned by or licensed to us, or by our clients. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the right usage of Copyrights and
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s).
2. Restriction on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display content from this website and the materials provided hereon for your journalistic, non-commercial use, provided that you fully comply with the provisions of these Terms & Conditions. You acknowledge that this website contains information, photos, video, text, graphics and other materials (collectively, Content) that are protected by copyrights and|or other proprietary rights, and that these rights are valid and protected.
All Content is copyrighted under applicable copyright laws, including Swiss copyright laws (and, if applicable, similar laws in other jurisdictions), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this website are trademarks of their respective owners.
"PRfact" is the trade name and the registered trademark and servicemark of PRfact AG. Our clients and other third parties may have further proprietary rights in the Content which they publish on this website.
You may not, in particular, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership in such Content. Modification of the Content or use of the Content for any other purpose than the use of this website or press publication, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
3. Showroom order
Any showroom order is placed directly on the website. We do not guarantee any availability for the requested product. With each request does the Customer agree the terms & conditions of borrowing products of PRfact’s Showroom, such as:
- The samples are single pieces. The lender assumes liability for damage and loss of the samples.
- Soiled samples will be cleaned at the expense of the lender.
- Products have to be returned to PRfact in any case and are not for sale.
5. Registered User
To use our website and its services, you have to become a registered user. We do not charge you for becoming a registered user of our website. You must register in accordance with instructions that you will find on this website to participate in, and to use all services or features of our website.
For further information see personal data.
6. The Service
During the Subscription term, PRfact will provide to the Customer access to use the ‘PRfact Digital Showroom’ dedicated to him as described in the current Terms of Service, and according to the terms of conditions of the commercial proposal issued by PRfact or the purchase order issued by the Customer and accepted by PRfact as appropriate. In addition, at the time of initial installation of the PRfact Digital Suite, PRfact will procure to the Customer some customization services as defined in the PRfact commercial proposal. Also, the Customer may purchase additional features or capacities as existing in the current PRfact catalog by the means of additional purchase orders, subject to technical availability to be checked by PRfact upon Customer’s request.
7. Service description
As long as its subscription is valid, PRfact Service enables the Customer once the General terms and conditions have been accepted by the Customer, to download and republish Content including video, images, documents and text contents as publications pre-formatted by PRfact under a standard format (Communications).
PRfact Services main features are as follows:
• Content hosting,
• Release of video, images, documents and text contents as per client’s instructions,
• No Content with advertising,
• Showroom products availability and order service.
PRfact Services do not include production of Content of any kind on behalf of the Customer. Unless expressly authorized by PRfact, the Customer may not grant a sub-license, resell, transfer, broadcast, commercially exploit or give access to all or part of PRfact Services to any third party.
The Customer is committed (i) to neither, hinder or disturb PRfact Services, or (ii) use the PRfact Services in any unlawful or illicit way.
As a consequence, in particular the Customer is committed to the following:
• Its Content do not prejudice public order, breach public decency and more specifically do not constitute an incitement to commit either a crime, a legal offence, racial hatred, suicide, apology of crimes against humanity or contain child pornography elements,
• Any Contents with violent or pornography character may not be access to child.
• Content or its hosting do not infringe the rights of third parties, including but not limited to (a) infringement of intellectual property rights attached to video clips, TV broadcasts, short to long films, animated or not animated, ads, that the Customer would not have shot/created himself or for which the Customer would hold the necessary authorizations from individual or collective management firms holding the rights on those films or items; (b) harm individuals by defamation or infringe any right of privacy.
To comply with applicable regulations, PRfact may have to withdraw any illegal Content, transferred or hosted via PRfact Services as soon as informed of such nature. This withdrawing may be done without prior notice if the violation is material and as circumstances may require.
Customer acknowledges that the PRfact Services are for professional use, communications to be issued to journalists.
PRfact provides the PRfact Services on an “As is” basis only. The Customer is informed that PRfact is entitled to bring any modifications or improvements to the PRfact Services as it deems necessary.
9. Parties’ obligations and duties
a) From the Customer
It is understood that the Customer will be solely responsible (i) for its own use of the PRfact Service, in particular with regards to Contents made available to public using PRfact Service, (ii) for protection of its own IT equipment against IT viruses or external intrusions, (iii) to protect its passwords against any illegal or fraudulent use or disclosure.
The Customer acknowledges that it shall assume full responsibility of any claim, demand or opposition and more generally and legal or administrative procedures brought against PRfact by a third party resulting from Customer use of the PRfact Service.
b) From PRfact
PRfact shall carry out the PRfact Services in a workmanlike manner with professional skill and diligence. PRfact is bound by an obligation of means excluding any other obligations. Should a case of force majeure occur, either within the scope of war, conflict, riot, flood, fire, communications and or electricity interruption and in a general manner, any even beyond PRfact control resulting in PRfact incapacity to carry out its commitments, PRfact’s liability cannot be called or engaged. Similarly, PRfact will not be held responsible for any failure in providing access to the PRfact Digital Showroom or use of the Service resulting from the Internet network or the client server configuration or communication nodes.
PRfact will maintain commercially appropriate administrative, physical and technical safeguards to protect its information systems including hosted data and Content of the Customer, and appropriate organizational and technical measures to protect the data against unauthorized or unlawful processing or disclosure.
10. Personal data
For the provision of the Services PRfact acts as Data processor on behalf of the Customer with regard to its Personal data, the Customer acting at any time as Data controller. In its role of Data processor, PRfact is committed to process the Customer’s Personal data only as per documented instructions issued by the Customer (Data controller) and in compliance with the provisions of article 28 of the RGPD. Regarding the Customer’s Personal data, PRfact only receives a temporary right of use strictly limited to delivering the Services to the Customer in accordance with these General Terms of Service, Customer’s Personal data and their processing shall remain at any time under the control of the Customer.
Regarding the Personal data, PRfact and the Customer are subject to the GPDR and to laws and regulations that are applicable in Switzerland and in that respect:
• PRfact is committed to use the Customer’s Personal data for no other subject matter than processing and not to disclose the Personal data to any third parties except under Customer’s instruction.
• PRfact is committed to collect and process the Personal data only for the purpose of the Subject matter.
• PRfact is committed to maintain the Personal only as necessary for the purpose of the Subject matter and to delete them by end of the Customer’s subscription.
• PRfact shall provide adequate safeguard to its information systems and to the Personal data stored into its technical infrastructures.
Acting as Controller:
• the Customer is committed to procure PRfact with all Personal data as may be necessary to address the Data subject and its processing,
• the Customer is committed to document in writing all instructions for processing of its Personal data,
• the Customer shall comply with the statutory requirement of the GPDR and applicable regulations and laws in particular with the transfer and privacy of Personal data to PRfact,
• the Customer shall be solely responsible for complying with third party’s rights regarding the disclosure and transfer of Personal data to PRfact,
the Customer shall inform PRfact without delay about errors or irregularities observe within the processing of the Personal data.
11. Intellectual property rights
PRfact is a marketing-oriented communications agency that specializes in innovative product and experience PR, marketing consultancy and PR work. The agency provides services in return for payment in the sectors of PR project implementation, PR concept creation, regular consultation, event planning and implementation, marketing and BTL concepts and consultancy.
PRfact conducts this Digital Showroom. The products and services are and remain the exclusive property of PRfact or its licensors or clients and are protected by the Swiss Law of Intellectual property. Customer cannot rent, lease, distribute without copyright or create derivative works based on the PRfact Digital Suite or any other items belonging to PRfact. Any copy, in part or in total of the PRfact Digital Suite or other items of the PRfact intellectual property by any means, without prior PRfact express authorization is prohibited and would constitute an infringement according to the Swiss Law of Intellectual Property. PRfact name is a trademark protected by laws and may not be use without the prior written authorization of PRfact.
The Customer retains all rights to the Personal data and warrant it respects all sufficient and necessary rights and permission to use these materials.
12. Third party rights, public order, compliance with laws
The Customer will be liable for any potential public order, public moral and public security offence that might result from the Contents using PRfact Digital Suite and the Services.
The Customer will indemnify, defend and hold PRfact harmless, at its expense and costs, against any third-party claim, suit action or proceeding brought against PRfact, its officers, directors or employees, based upon or arising out an unauthorized or illegal use of the PRfact Digital Suite or the Services.
It reminded that the existing laws do not oblige PRfact to monitor the Content hosted through its services and PRfact has no general obligation to seek facts or circumstances revealing illegal activities potentially conducted by customers or third parties using its services. Nevertheless, to comply with existing regulations, PRfact may have to withdraw any illegal Contents transferred or hosted via PRfact Digital Suite as soon as informed of such nature of the Contents, also upon administrative or legal request served to PRfact, PRfact may have to communicate identification details of the Data controller to the requesting authorities.
Any enforceable legal decision or arbitral award served to PRfact implying the Contents or the domain name will be right away executed by PRfact on an “as is” mode with notice to Customer as soon as feasible.
If for any reason any provisions of this General terms of Service is determined to be invalid or unenforceable by applicable law or enforceable legal decision then the remaining provisions shall continue to have full force and effect with no change and the invalid provisions shall be deemed to be superseded by a valid provision that closely matches with the intent of the parties regarding meaning of the original provision.
At any time, PRfact may update or change any or all parts of these General terms of Services. Updated General terms of Services shall be available at https://prfact.ch or https://showroom.prfact.ch/ and will become effective the next business day following after change(s) is posted. In event of material modifications, PRfact will do its best efforts to notify the Customer these changes by e-mail no later than the day they become enforceable. The Customer is encouraged to regularly visit the PRfact web site to review the applicable General term of Service.
Termination or expiration of the subscription for whatever reason shall not affect the rights and obligations of the parties which have accrued due prior to the date of termination or expiration, and all provisions of this Agreement that logically by nature ought to survive termination of this Agreement shall survive.
14. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by PRfact.
PRfact has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PRfact 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
16. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with SWISS LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Switzerland.
17. Contact Us
If you have any questions about these Terms, please contact us.