Terms of website use

Terms of website use

This document and referenced policies detail the terms of use for our website www.advisorybay.com (“ADB”), as a guest or registered user.

Please read these terms of use carefully before you start using the portal. By using our website, you accept these terms of use. This document was last updated 16.08.2019.

About us

www.advisorybay.com is a site operated by advisorybay AG ("We"). advisorybay AG is registered in Switzerland under company number CHE359367338.

We are solely a marketplace for customers and consultants to interact. We do not search for, select or introduce customers and consultants to each other. As a result, employment agency laws do not apply to us.

Accessing the site

We grant any user temporary access to our website but reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if our site is unavailable at any time and may from time to time restrict access to parts of, or the entire site.

You must be over the age of 18 to use our website. We can refuse to offer the services to any person or entity and change eligibility criteria at any time. Where these terms of use are prohibited or in conflict with any applicable law, rule or regulation, the right to access the services is withdrawn.

You must make the necessary arrangements to have access to our site, like ensuring you have an internet connection. You will also be responsible for anyone accessing our website over your internet connection so make sure they are aware of these terms and comply with them.

Using the site

Without limiting our ability to take alternative action, we may restrict user’s ability to use the website, deactivate or terminate their account, forfeit or withhold funds at our discretion if we have reason to believe that the user’s dealings on our website constitute fraudulent activity, crime or money laundering. Users acknowledge that if their use of the website is in breach of any local or national laws with respect to fraud or money laundering, payments may be forfeit or frozen pending the outcome of investigation. Within the limits of the law, we shall not be liable to the user for any such payments, nor shall we incur any liability to any user for sharing information or documentation relating to that user if required to do so with any relevant regulatory authority in such cases.

1.    We reserve the right to withhold payments payable to, any person, group of persons or legal entities acting in concert or as a syndicate to defraud the company, pending the outcome of an ensuing investigation by the respective authorities

2.    ADB shall be entitled to withhold and forfeit monies in user’s accounts, within the extent permitted by law, in the event of fraudulent or money laundering acts by the user. The user agrees to indemnify ADB, its directors, employees, shareholders, consultants and advisors for all losses and damages suffered as a result of fraud, or reasonable belief that fraud and/or a money laundering activity has taken place. The withholding, forfeit and claims for loss and damage will include all users who are involved and/or the Company believes to be involved.

3.    "Wrongdoings" and/or "fraud" includes but is not limited breach of these terms and conditions, hacking, unauthorized use of user account, attempts to bypass security mechanisms on the website or ADB's systems or networks, wrongfully, any act or omission that cause any harm to ADB or to any third party, false profile information, fund transfers which the company reasonably deems to be a fraudulent and/or wrongdoings.

4.    In the event that ADB will suspect fraud or fraudulent activity on the user’s part or any of the user’s payments are charged back, ADB will have the right to withhold any pay-out due to the user and if necessary, to lawfully collect any payments in remaining balances.

5.    We reserve the right to use your brand to promote ADB for marketing purposes.

Unacceptable use

When using our site, you shall not:

1.    take any action that imposes an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;

2.    interfere with the proper working of the services we provide, or any activities conducted on the services;

3.    attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services;

4.    run any form of robotic responder/messaging or ‘spam’ on the website;

5.    use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the site;

6.    harvest or scrape any information from the website; or

7.    otherwise take any action in violation of our guidelines and policies.

It is also not allowed to:

1.    take apart, reverse-engineer or else attempt to secure the source code or underlying concepts or algorithms of any part of the website, except to the limited extent applicable laws specifically prohibit such constraint;

2.   modify, translate, or otherwise copy works of any part of the marketplace; or

3.   copy, rent, lease, distribute, or otherwise transfer any of your rights

You must follow all applicable laws and regulations.

Intellectual property rights

advisorybay owns all intellectual property rights to content, code and algorithms on our site. All such rights are reserved and protected by copyright law.

We grant each user the permission to use content solely for purposes of using our marketplace in line with these terms.

Should you wish to use any material on our site for commercial purposes outside our portal, you need a licence from us to do so.

If you print off, copy or download any part of our website in breach of these terms of use, your will lose the right to use the website and must dispose of any content you have copied into your possession.

Reliance on information posted

Comments, blogs and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore deny all liability arising from any use of such materials by any visitor to our website, or by anyone who share in this content as a third party.

Our site changes regularly

We update our site regularly and may change content at any time. Any material on our site may be out of date, and we are under no responsibility to update such content.

Our liability

We try to keep ADB running at all times, but we cannot guarantee that it will always be available. We cannot guarantee nonstop, uninterrupted access to the marketplace as it may be affected by factors beyond our control.

We aim to ensure that all information on our site is accurate but cannot guarantee that this will always be the case.

We build technical and process controls to verify user information and identity but cannot guarantee the accuracy and truthfulness of information provided by the Users.

Under no circumstance is ADB employees, agents, officers, directors or service providers be liable for damages of any kind arising out of or in connection with your use or inability to use our website and any content or services obtained through it or any other website linked to it. , websites linked to it, content on either website. This includes any direct, indirect, special, incidental, consequential or punitive damages, included but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.  

This does not include liability that cannot be excluded under applicable law.  

Information about you and your use of our website

We process your information in accordance with our Privacy Policy. By using our site, you consent to our processing of your personal information and promises that any data you provide is true and accurate.

Transactions concluded through our site

Contracts for provision of services or information entered through our marketplace are governed by our terms and conditions.

Uploading material (“User Content”) to our site

You shall not take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content, information or material or allow any third party to do so, that:

1.    infringes any patent, trademark, trade secret, copyright or other right of any other party or violates any law or contractual obligation

2.    you know is wrong, misleading or deceitful;

3.    is illegal, bullying, insulting, harassing, offensive, slanderous, dishonest, fraudulent, tortious, vulgar, pornographic, profane, or that we determine as inappropriate by us at our discretion;

4.    constitutes junk mailing or spamming;

5.    contains any software viruses or computer code that is designed to disrupt, damage or interfere with the proper function of our website or to obtain unauthorized access to any data, passwords, user accounts, systems

6.    pretends to come from someone other than the User

7.    includes personal data of other individuals.

You guarantee that you will comply with the above and you indemnify us for any breach potential related warranties.

We reserve the right, to remove, edit or block any Content in that we do not believe complies with the above at our discretion, at any time.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials you or another user post on our website.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, worms, logic bombs, trojans, or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our website, or any technical infrastructure linked to it. You must use a denial-of-service attack to try and damage our website.

In case of such a breach, the User account will be frozen, and we will share information about the attack with the relevant authorities.

We are not liable to any user for potential loss or damage caused by hacking, denial-of-service attack, viruses or other technologically harmful material that may infect your computer, material or infrastructure.

Linking to our site

You may link to our home page, provided it does not damage our reputation or take advantage of it and without establish a link in such a way as to suggest any form of association or endorsement on our part.

Our site should not be framed on another site or lined to any part of our site other than the home page. We may withdraw linking permissions at any time.

The website from which you would link to our site, must comply with our content standards.

Links from our site

Our site may contain links to websites that we do not operate. These Hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself.

Governing Law

The Swiss courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland.

Changes to terms

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Reporting violations

If you have any concerns about material which appears on our site, please report it to us.