Terms of Use

General Terms of Use

Thank you for visiting the Website. 

The information and documents of our Website are only indicative and presented to you to promote our products and services. The information and documents presented may neither be considered as an offer for products and/or services by us, our partners or third parties, nor as advice or instructions regarding the use of our products and services.

Please read carefully the present Terms of Use. By accessing the Website, you indicate that you accept and understand the Terms of Use. If you do not accept our Terms of Use, please refrain from accessing our Website. 

We may amend the Terms of Use at any time without prior notice. Please remember to visit this page regularly and to acquaint yourself with any amendments. The version of the Terms of Use published on the Website at the relevant moment is applicable between you and us.

In the Terms of Use, the words ‘we’, ‘our’ and ‘us’ refer to Safe. ‘You’, ‘your’ and ‘yourself’ refer to the person using or accessing the Website. 

1. Definitions 

In the Terms of Use, the following capitalized terms shall have the following meanings:

Affiliate: a trainer affiliated with Safe and authorized by it to give the ISTA training (see the list of the Affiliates here).

Content: any software, work, process, service, layout, design, technology, trademark, logo, business name, invention, description, image, sound, music, video, information and any other content available on the Website.

GTCS: our general terms and conditions of sales of vouchers, as amended from time to time. 

Privacy Policy: our privacy and personal data protection policy, as amended from time to time. 

Safe: the company safe mountain Ltd, having its registered offices at route de Cojonnex 18, c/o Ecole hôtelière de Lausanne, 1000 Lausanne, Switzerland, registered with the commercial register of canton de Vaud under identification number CHE-260.803.096 (P: +41793850220; @: info@ista-education.com).

Terms of Use: this general terms of use, as amended from time to time.

Website: the website http://www.ista-education.com.

 

2. Privacy Policy

Within the framework of the collection and processing of personal data, Safe is subject to the applicable legislation regarding the protection of data. For more information, please consult our Privacy Policy, which is an integral part of the Terms of Use.

3. Vouchers 

The purchase of vouchers through the Website is governed by the GTCS, which apply only to the persons who accept them upon the order. 

4. Booking of classes 

We offer you the possibility to book a class directly with the Affiliates who have accepted to offer, through our Website, all or part of the ISTA trainings they teach. If you book a class, a deposit of 100.- (CHF, €, $ or CAD) will be requested. Such deposit will then be deducted by the Affiliate from the value of your class upon payment thereof. If you do not attend a class in spite of a booking, the full deposit will be kept by the Affiliate as a contractual penalty. 

We perform a mere intermediary role between you and the Affiliates. In no event we shall be considered as your contractual partner with regards to the ISTA training, which is given by our Affiliates in complete independence and under their own liability, even if the booking was made through our Website. Safe gives you no warranty whatsoever in relation with the ISTA training taught by the Affiliates. Any liability of Safe in this respect is excluded. Any claim or question regarding the class shall be submitted directly to our Affiliate.      

        

5. Purchase of ISTA merchandising products 

The purchase of ISTA merchandising products through our shop is fully managed by our partner, Many Ways SA, in accordance with its own general terms and conditions. In case of purchase, the agreement is entered into directly between the purchaser and Many Ways SA.

6. Accuracy, Completeness and Timeliness of the Information

We make reasonable efforts so as to ensure that the information on the Website is exact and complete. However, we may not be held liable should this not be the case. Any reliance on contents displayed on the Website will be at your own risk. You understand that it is your responsibility to inform yourself of any and all modifications in the contents of the Website. Safe declines any liability related to the foregoing. 

7. Practice of off-piste snow sports

The practice of off-piste snow sports entails inherent risks that may result in a threat to the physical integrity or even life of practitioners. It is important to us that you understand that such an activity is conducted under you own responsibility, at your own risks. Any liability from Safe or its AUXILIARY PERSONS in this respect is DENIED. The aim of the ISTA training method is to help you better understand the risks and dangers of the mountains in order for you to take your responsibilities in the most informed way possible. No information mentioned on the Website shall be interpreted as encouraging you to take risks, an attitude that is precisely resisted by Safe.    

8. Intellectual Property Rights

Copyrights and other intellectual property rights on the Content are the property of Safe or used with the permission of the concerned owner. You are authorized to navigate on the Website and to reproduce excerpts thereof, by print or download on a hard disk, for yourself or your friends and family, provided that the rights of the author and other symbols of intellectual property ownership remain intact. No reproduction of any part of the Website may be sold or distributed for commercial purposes, amended, or incorporated to another work, publication or website. 

Safe and, as the case may be, its partners, shall remain owners of all rights on the Content, which is protected by copyright, design law, trademark law or patents and by all other intellectual property or industrial property law applicable. 

No part of the Website is intended or may be construed as giving you a licence or a right of use on the Content. Subject to express exceptions as foreseen by these Terms of Use, any use of the Content by you is strictly forbidden.

 

9. Link to Other Websites

Links on the Website may lead you away from our networks and systems, including to the websites of our partners. Safe declines all liability over the content, accurateness or the functioning of such third-party websites. Such links are provided in all good faith and Safe may not be held liable for the contents of the third-party websites to which links are offered. The offering of links to other websites does not imply any approval on the part of Safe. We recommend that you carefully read the legal terms and the privacy policy of all websites that you visit.

10. Processing of communications to Safe - Security of emails

Any communication that is sent to Safe by Internet shall not be considered as confidential. When you communicate with Safe with emails, you must take into account the fact that emails on the Internet are not protected. Therefore, by sending important or confidential messages by email, in a non-encoded form, you accept the risks of such uncertainty and of the potential lack of confidentiality of the Internet. 

11. Disclaimer of Warranties

The use of this Website shall be at your own risks.

This Website is offered to you on a ‘as is’ and ‘as available’ basis. Therefore, Safe makes no warranty. In particular, we do not warrant that (i) the Website and the services provided by it are conform to your requirements; (ii) the Website and the Content are complete, correct, accurate, reliable, updated and that they do not infringe third party rights; (iii) access to the Website will not be interrupted or result in an error or that it is without virus; (iv) defects will be rectified; (v) the Website is secure; or (vi) any advice or opinion originating from this Website is accurate or reliable. 

This Website may also contain information or documents regarding products or services that are not yet available to everyone. Despite the fact that Safe strives to distribute its products and services as widely as possible, the reference to a product or service does not imply that it is or will be available to you.

Any information on this Website is subject to modification or deletion without notice. 

12. Disclaimer of Liability

To the MAXIMUM extent allowed by law, any liability of Safe, its organs, its auxiliary persons and its representatives that may result from your access of use of the Website is denied.

As a precondition to your use of the Website, you undertake to indemnify Safe or any organ, auxiliary person or representative thereof, for any damages (including court and lawyer fees), which may result from your access or use of the Website.

13. Forbidden Activities

Safe reserves the right to prohibit (for instance by deleting the concerned content, by limiting or forbidding access to the Website) any act that Safe may consider inappropriate and/or contrary to laws or regulations applicable to the Website, including (amongst others) the publication or communication through the Website of non-authorized information such as contents that, in our sole opinion, may upset, cause damages to or infringe the system and security network of Safe or of third parties, or that contain defamatory, racist, obscene, threatening, pornographic or other unlawful or immoral statements. Safe also reserves the right to delete, without prior notice, any link, ad or indication of a commercial nature published by a user of the Website.  

We also retain the right to limit, suspend or cancel your access to the Website or to some functionalities or parts thereof without notice. 

14. Severance

Should a provision of these Terms of Use or part thereof contradict Swiss imperative law, it shall be dissociated from the Terms of Use. The nullity of such provision or part thereof will not affect the validity of the remaining parts of the concerned provision or of the other provisions of the Terms of Use. Should a provision of these Terms be ineffective, totally or in part, it shall be replaced by a provision that produces the closest economic and legal effects.

15. Miscellaneous

The fact that Safe tolerates any shortcomings to your obligations under the Terms of Use, or that Safe does not enforce a right recognized to it by the Terms of Use or by law shall not be construed to be a waiver by Safe to rely upon them in the future.

These Terms of Use are both in the French and English languages. In case of discrepancies, the French version shall prevail.

16. Jurisdiction and Applicable Law

To the extent allowed by applicable law, these Terms of Use are subject to Swiss substantive law.

 

Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be Lausanne (subject to an appeal to the Swiss Supreme Court). 

 

Terms of Use updated on 01.01.2019. 

 

All rights on these Terms of Use belong to their author. Any reproduction, without prior license, is strictly forbidden.