Legal notice

These Terms of use govern the use of the website www.valais7.ch and are subject to Swiss law.

The publisher and owner of this website, referred to as such in the following Terms, is GPF Gestion De Patrimoine Foncier SA, Pl. de Cornavin 3, 1201 Geneva, Switzerland.

These Terms apply to the whole of the website valais7.ch and its subdomains, for all products and services offered on it. By using the website, the user agrees to be bound by the Terms of use in their entirety. A user who does not wish to be bound by them must leave the website immediately.

The owner may amend the Terms of use at any time, at its sole discretion. It is the user’s responsibility to check their current wording each time they visit the website valais7.ch.

The website valais7.ch may contain hyperlinks to other websites. The user visits these websites entirely at their own risk. The owner can in no event be held liable for the content of these third-party websites should a user suffer any damage as a result.

Any item downloaded by a user while using the website is downloaded at the user’s own risk. Although the owner checks the initial integrity of the items available for download on the website, it cannot guarantee against their possible corruption over time and therefore declines all liability for any damage or loss of data suffered by the user as a result.

The owner reserves the right, at any time and without notice, to suspend all or part of the website temporarily or permanently, without such suspension giving rise to any compensation or claim by a user or a third party.

Despite the care taken over the accuracy of the information presented on the website valais7.ch, and given the evolving nature of the property project under way and therefore of the information relating to it, the owner cannot guarantee that this information is accurate; likewise, none of the images, models, illustrations and/or other graphic elements can be considered final or fully representative of the finished property project as it will be delivered.

Consequently, the owner cannot be held liable for any errors, omissions or inaccuracies regarding the final property project, or for any damage, direct or indirect, of any kind whatsoever, including in particular loss of earnings, loss of profits, loss of custom, of data, or of tangible or intangible property, that may result from consulting, using and/or being unable to use the website valais7.ch.

The owner holds exclusively all intellectual property rights over both the structure and the content of the website. All content reproduced on the website is protected by copyright and/or intellectual property rights and is the exclusive property of the owner or its partners.

Consequently, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into another website, commercial exploitation and/or reuse of the content in any manner whatsoever is strictly prohibited without the owner’s prior written consent.

Consulting and using the website confers on the user no intellectual property rights over any item reproduced on it. Any use contrary to the law or to the Terms of use may give rise to civil and/or criminal proceedings and to the payment of damages.

The sole purpose of processing the personal contact data collected through the registration form on the website valais7.ch is to support the wish to acquire a property offered for sale as part of the property development carried out by the company Cham Swiss Properties AG for the Valais 7 project.

In this context, users of the website authorise the processing of this personal contact data, including all operations – whatever the means and methods used – relating to the collection, storage, use, modification, disclosure, archiving and/or destruction of said personal data.

If the data is to be disclosed, it will be disclosed solely for the sales purpose presupposed by the website valais7.ch, to the direct and indirect staff involved in the Valais 7 property development and to the communication partners strictly needed to achieve that sales purpose.

Beyond the purpose of collection stated above and, in the present case, of the website valais7.ch, this personal contact data is processed in accordance with the Swiss laws in force, including among others the Federal Act of 19 June 1992 on Data Protection (FADP, SR 235.1).

The owner undertakes to use the personal contact data in a manner that does not infringe the user’s physical and moral integrity, is not unlawful and is not against the user’s will.

By submitting the registration form, the user confirms the accuracy of the information provided and assumes responsibility for it.

Every user has the right to have the information provided corrected and/or deleted in accordance with Articles 28, 28a and 28l of the Swiss Civil Code. If the inaccuracy of personal data cannot be established, the applicant may request that a note be added to the data stating that it is disputed.

The user may also ask the owner of the website for full access to the data collected and, where applicable, processed, and to the legal grounds for collecting said personal contact data, and may require the owner to block, correct or destroy personal contact data disclosed to third parties.

To this end, the user must send a signed request by registered post to the owner’s postal address, stating explicitly the points objected to, in order to receive in return all the data held by the owner.

The owner may refuse, restrict or defer the disclosure of the information requested where:

• a formal law so provides;
• the overriding interests of a third party so require.

The owner may also refuse, restrict or defer the disclosure of the information requested where its own overriding interests so require and provided that it does not disclose the personal data to a third party. It must then inform the user of the reason for refusing, restricting or deferring the information.

No personal data will be disclosed abroad if this could seriously endanger the personality of the data subjects, in particular because there is no legislation guaranteeing an adequate level of protection.

Notwithstanding the absence of legislation guaranteeing an adequate level of protection abroad, personal data may be disclosed abroad only under one of the following conditions:

• sufficient safeguards, in particular contractual ones, ensure an adequate level of protection abroad;
• the data subject has consented in the specific case;
• the processing is directly connected with the conclusion or performance of a contract and the data processed concerns the other contracting party;
• disclosure is essential in the specific case either to safeguard an overriding public interest or to establish, exercise or enforce legal claims before the courts;
• disclosure is necessary in the specific case to protect the life or physical integrity of the data subject;
• the data subject has made the data generally accessible and has not expressly prohibited its processing;
• disclosure takes place within the same legal person or company or between legal persons or companies under common management, provided that the parties are subject to data protection rules that ensure an adequate level of protection.

The Federal Data Protection and Information Commissioner (Commissioner, Art. 26) must be informed of the safeguards referred to in para. 2 let. a and of the data protection rules referred to in para. 2 let. g. The Federal Council regulates the details of this duty to inform.

Within the limits of the technical and legal provisions under its responsibility, the owner of the website guarantees the protection of personal contact data against any unauthorised processing and ensures the confidentiality of personal data towards its staff and direct partners. It cannot be held liable where the security of this personal data is compromised by a malicious act or one deliberately carried out without its knowledge.

The website valais7.ch is hosted by Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B186284, intra-Community VAT number: LU 26888617. As the technical host of this website, its terms and conditions govern the security and confidentiality of any personal contact data it may process.

See SR 235.1 Federal Act on Data Protection (FADP) of 19 June 1992 (status as of 1 January 2004) – The court decides on actions to enforce the right of access under the simplified procedure provided for by the Civil Procedure Code of 19 December 2008. Breach of the duties to provide information, to register and to cooperate:

On complaint, private persons are liable to a fine:

• who breach the obligations under Articles 8 to 10 and 14 by wilfully providing false or incomplete information;
• who wilfully fail:
  • to inform the data subject in accordance with Art. 14 para. 1,
  • to provide them with the information required by Art. 14 para. 2.

Private persons are liable to a fine who wilfully:

• fail to inform the Commissioner in accordance with Art. 6 para. 3, fail to register the data files referred to in Art. 11a, or provide false information when registering them;
• provide the Commissioner with false information or refuse to cooperate when the facts are being established (Art. 29).