General Terms and Conditions Company
- Adresta AG with registered seat in Zurich (hereinafter "Company") offers via its Website www.adresta.ch or its mobile application(hereinafter the "Company Platforms") various services for users according to these General Terms and Conditions and the information available on the Company Platforms.
- These General Terms and Conditions (hereinafter "GTC") are the sole binding rules regulating the contractual relationship between Company and the users of the Company Platform.
2. Formation of Contractual Relationship with Company
- The contractual relationship between Company and the user shall come into existence upon receipt of the registration confirmation from Company by e-mail to the e-mail address provided by the user. Company is free to deny the conclusion of a contractual relationship.
- The contractual relationship only concerns the use of the Company platforms by the user. Any legal transactions between the users via the Company platforms, such as purchase, rent, order, provision of services, are only existing between the users and Company is in no case a contracting party of such legal transactions, but Company mediates via the Company platforms only the possibility to offer or search and conclude and settle such legal transactions.
3. User Registration
- Registration is required for the use of the Company Platforms.
- Registration is only permitted for natural and legal persons legally capable of concluding a contract with Company. The registration of a legal entity may only be carried out by a person authorised to represent it, who must be named.
- When registering, only individual persons may be named as holders of the user account.
- When registering, the user covenants that all information entered upon registration is truthful and complete and the user agrees to notify Company of any changes in such information. The keeping up to date of the information is done directly in the Company Platforms.
- When registering, the user chooses a username and password. Users are obliged to keep their password secret, to adequately protect the devices used by them to access the Company platforms from spying by malware and to notify Company of any suspected password data breach.
- The user may only register once. He agrees that all activities carried out with his access data on the Company platforms are attributed to him as if they were his own. If the user's access data is misused by third parties, the user is liable as for his own actions. All e-mails or other messages originating from his e-mail address or account shall be deemed to be his own.
4. Company Platform
- Company is entitled to amend or delete any functionalities subject to section 13 below.
- The user is solely responsible for all content posted on the Company platform. When using the Company platform as well as in all other actions or omissions related to the Company platform (in particular regarding legal transactions concluded by the user with other users), the user is obligated and covenants,
- to comply with the applicable laws, in particular (but not exclusively) the regulations concerning labour law, social security law or tax law obligations;
- not to make any offers that are immoral or violate ethical principles (child labour, bribery, corruption);
- to comply with the provisions of the contractual relationship between Company and the user;
- to observe the rights of third parties and in particular not to infringe any copyrights or other intellectual property rights of third parties;
- not to make any references to third-party content;
- not to carry out any actions that are likely to impair the interests of Company or to damage the reputation of Company;
- to refrain from any harassing actions such as the sending of chain letters or the distribution of immoral contents;
- to use addresses, contact data and e-mail addresses which he has received through the use of the Company platforms only for purposes which are covered by the contractual relationship.
- It is in the user's sole responsibility to secure any information accessible via and stored on the Company Platforms for purposes of bookkeeping, archiving, legal proof or any other purposes on a device or storage place independent of the Company Platform.
5. Company Platforms Fees
- The user agrees to pay Company the amount of fees as specified on the Company Platforms. The payment conditions and methods of payment are also specified on the Company Platforms.
- The user agrees to ensure to use a valid credit card or other valid method of payment and that sufficient coverage is guaranteed.
- If Company has no reason to suspect that the user violates legal regulations, the rights of third parties or provisions of the contractual relationship between Company and the user, Company may take the following measures at its own discretion:
- warning of the user;
- deletion of individual entries;
- temporary blocking of the user;
- final blocking of the user or deletion of his registration and termination of the contract with the user without notice.
- In these cases, Company reserves the right of legal recourse or recovery of damages from the user.
7. Intellectual Property
All rights pertaining to the Company Platforms remain fully with Company and the users merely is granted the right to use the Company Platforms subject to these GTC and other specifications on the Company Platforms for the duration of the user's valid registration with Company.
8. Limitation and Exclusion of Warranty
- Company shall only be liable to the user in connection with the contractual relationship or the use of the Company Platforms by the user for damages caused intentionally or by gross negligence. Company is not liable for auxiliary persons. Any further liability for damages directly or indirectly connected with the contractual relationship is excluded, regardless of the legal basis for the damages.
- Company does not give any guarantees to the user in connection with the Company Platforms and the contractual relationship and excludes any existing legal guarantees. The scope of this comprehensive exclusion of warranty is not limited by the following specific provisions. The same shall apply to the exclusion of liability contained in Section 10.1 above.
- Company assumes no liability for the correctness, completeness and topicality of the contents of the Company Platforms. Nor is any guarantee given that the Company Platforms is error-free and free of harmful components (such as viruses).
- The Company Platforms may contain links to websites of third parties over whose contents Company has no influence. Company does not assume any guarantee or liability for these external contents either.
- Company cannot determine the identity of its users with certainty and therefore cannot guarantee that a user will disclose his actual identity. Accordingly, each user must satisfy himself of the identity of another user.
- Company strives to keep the Company Platforms available without interruption. However, the user acknowledges that uninterrupted availability of the Company Platforms is not possible and that the user has no claim to a specific level of availability.
- The user indemnifies Company against all claims asserted against Company by third parties (including other users) in connection with the fact that the user has violated the provisions of the contractual relationship with Company.
- The user assumes all costs incurred by Company due to such a violation of provisions of the contractual relationship, including the costs incurred for legal defence (including pre-litigation).
- Any further rights as well as claims for damages by Company remain reserved.
- The contractual relationship between user and Company is entered into for the period specified on the Company Platforms.
- Both Company and the user may terminate the contractual relationship with immediate effect. The notice of termination has to be in writing (e-mail is sufficient). On the part of the user, termination is only possible if there are no ongoing or future contracts with other users.
11. Amendments of GTC, Functionalities or Fees
- Company may effect changes to the provisions of the contractual relationship, Company's services and processing or other fees at any time and at its own discretion. Such changes will be displayed to the user on the Company Platforms before they come into effect.
- The user has to confirm the changes. Absent any confirmation, he can only use the services offered by Company until the end of the contract period applicable to him and thereafter the contractual relationship ends automatically.
- Notwithstanding any deviating provisions of the contractual relationship, Company is entitled at any time to discontinue the Company Platforms as a whole or individual functionalities or services of the Company Platforms with immediate effect. A notification of the user is not necessary in these cases.
- Supplements, amendments or the cancellation of the contractual relationship are only legally valid in written form, whereby a notification by e-mail or an announcement on the Company platform is sufficient for changes to the contractual relationship by Company.
- Should one or more of the provisions of the contractual relationship be null and void, or be or become ineffective, the remaining part of the contractual relationship shall not be affected thereby. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of gaps.
- The contractual relationship shall be governed by Swiss substantive law, to the exclusion of conflict of law provisions and international agreements.
- Disputes, differences of opinion or claims arising from or in connection with this contractual relationship, including its validity, invalidity, infringement or dissolution, shall be decided exclusively by the ordinary courts at the place of jurisdiction of the registered office of Company.
GTC v1 Adresta AG 29.09.2020