General Conditions of services & Terms and Conditions of Use for the users of the online platform spotnet.ch
1 - Scope
These General Conditions govern the contractual relationship between the client and spotnet.ch "SpotNet." Any natural or legal person who places an ad on the online platform of SpotNet is client. The Terms apply to all agreements between the client and SpotNet about services and products offered by SpotNet. These conditions are valid for all services and offers available on the website. By the use of services and offers, website users agree to the terms of use. If you declare not to agree with our terms of use, please refrain and desist from all use of the site. By accessing and using the Website, you agree to have read these terms and conditions of use and accept them without restriction.
2 - Start and end of the mandate
The mandate of an offer’s publication or an online request is effective upon entry of the information related to the offer or demand, provided that SpotNet in particular does not oppose or no separate agreement has been concluded between the parties. The content and accuracy of the data transmitted to SpotNet for publication are solely the responsibility of the client. Not published: content contrary to law or violates the rights of third parties, as well as those who did not offer precise purpose but simply returns the client offers to other places. The client is obliged to inform SpotNet when an offer or a demand is no longer available or current. SpotNet immediately will withdraw the advertisement.
3 - Regulations
- Registration and membership are free. Membership is personal and not transmittable.
- Excluded from SpotNet’s services, concepts that violate morality and public order, promote or glorify hatred against specific groups, violence, pedophilia, racism, sexual or pornographic content.
- Prices quoted by clients in their bids for the sale or purchase, are in CHF Swiss Franc, construed as final prices, VAT included.
- Seller can only offer products / service that is able and authorized to sell, that is to say, the products for which he is able and authorized to transmit fully, free of charge, possession and property.
- An interested person becomes "Premium Member" of the platform SpotNet with his registration in spotnet.ch, that is to say, with the indication of personal data required and the acceptance of these CGS.
- The term Offer means to publish under one’s own responsibility according to his own conception a product on the site spotnet.ch in order to sell the said product / service.
- SpotNet assumes no liability with respect to the principle of good faith between the members whose transactions carried out on its website spotnet.ch. Particularly, SpotNet assumes no responsibility with regard to the fulfillment of contractual obligations between the members.
4 - Accounts, Passwords and Security
Some services and features offered on or through the Site may require opening an account; including the configuration a SpotNet ID and a password. You are solely responsible for maintaining the confidentiality of your account information, including your password, and all operations in your account. You agree to notify immediately SpotNet if unauthorized use of your account or password or any breach of security. However, you may be liable for damages suffered by SpotNet or any other user or visitor to the Site due to the use of your ID SpotNet, your password or of your account by another person. You are not authorized to use the SpotNet ID, password or account of another person, at any time, without the permission and explicit agreement of the ID SpotNet, password or account’s holder. SpotNet will not be hold responsible for damage arising from your failure to comply with these obligations.
5 - Premium Member publication and closing costs
Regarding Premium publication of products on the website spotnet.ch, SpotNet invoice Premium seller the costs of publication. Premium publication options allowing the arrangement of the product are also charged to the seller according to the price list of the costs regulation. In case of conclusion of the sale, the seller must pay SpotNet closing cost according to the price list of the costs regulation. All aforementioned fees are immediately due and invoiced by email. The corresponding fees, billing and payment terms are specified under the applicable cost regulation. SpotNet reserves the right to modify at any time the amounts of fees. If an offer is being deleted or modified by the seller, the seller can not claim a refund or a reduction in fees due. Depending on the kind of modification of the offer, additional fees may be charged, especially if additional publishing options are used by the seller.
6 - Price and Payment Terms
Unless otherwise agreed, the price calculation is based on the applicable price list of SpotNet in relation to the corresponding Product / Service. These price lists can be consulted at any time on the Internet from the corresponding applications. SpotNet reserves the right to adjust prices according to the market and/or prices developments. Unless otherwise agreed, prices are net prices in swiss Francs, including VAT. Installment of paid advertising services should be made in advance by a PostFinance account or credit card (Visa, Mastercard).
7 - Commitment to Privacy
SpotNet takes precautions, including administrative, technical and physical to protect your personal information against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction.
If you have any questions or concerns regarding the processing of your data or SpotNet’s confidentiality, please contact us: info@spotnet.ch
8 - Modifications
We reserve the right to modify the conditions of use at any time, at our own discretion. You acknowledge that such changes are effective when they are activated on the site and they are binding when you use the Site after activation. You will be required to review regularly these terms and conditions to ensure that you are aware of updating. We also reserve the right to suspend, discontinue or replace all or part of the services. In addition, we reserve the right to alter the free services concerning future utilisations, not yet effective, in paid services.
9 - Links
The site may contain links to third party sites. We do not review, or monitor these sites regarding their accuracy, convenience and completeness. We assume no responsibility for those sites that are accessible through our own website. These links are not in any way imply approval or recommendation of these sites from SpotNet. Access to these linked sites is done entirely at your own risk. Please note that these sites are subject to their own terms of use and data protection directives. When accessing these sites, we recommend you to read the terms of use and guidelines.
10 - Liability
The client is fully responsible for the content of the data he transmits to SpotNet, such as online ads. SpotNet disclaims any responsibility for the content submitted by the client. SpotNet does not assume any warranty for products and services, or for the conclusions of contracts, such as contracts of sale, that may arise between the client and the users of SpotNet online application. SpotNet responsibility is only liable in case of intent or severe negligence. SpotNet does not respond in any consequential damages and loss of earnings. If, despite all precautions, SpotNet is unable to fulfill its contractual obligations due to force majeure such as natural disasters, armed conflict, strikes, unforeseen restriction by the authorities, technical inconvenience caused by third parties, the client has no right to require performance of the contract as long as the event in question persists. SpotNet is not liable for abuses committed by third parties on the Internet, or damage resulting to the client. SpotNet does not meet safety defects and faults of telecommunications network of the third and the Internet, or operational interruptions and disturbances of the online platform of SpotNet.
11 - Disclaimer
SpotNet is not responsible for the information published on the online market place. SpotNet declines, in particular any responsibility for this information or for any damage that may result from the consultation, access, employment or use of this information, to the extent permitted by law. Consultation and the use of such information and such content is only occured at users own risk. SpotNet specifically excludes any warranty for products and services Offred and contracts that may be concluded in this regard, such as contracts for the sale or leasing. SpotNet is not liable for abuse committed by others on the Internet and the resulting damage to the user, particularly by viruses and other harmful elements or security flaws and disturbances appearing on the telecommunications network of third party or in the Internet, or even outages or disruptions of the online market place and/or third party applications.
12- Right of revocation
The right of retraction does not apply to domain names, Web Sites, Apps and Abo.
13- Governing Law and Jurisdiction
In case if any disposition of these GCS should be ineffective, this shall not affect the validity of the remaining dispositions. The use of information and content offered on the online market place is exclusively subject to Swiss law. The place of jurisdiction is in Zug, Switzerland.
SpotNet is also authorized to pursue the user in the courts of his headquarter/domicile.