1. Applicability
These General Terms and Conditions of CARINDEX AG, Arnold Baumgartner-Str. 9, CH-2540 Grenchen (hereinafter ”CARINDEX”), govern the use of the online platform carindex.ch operated by CARINDEX and the products and services offered through this platform. These General Terms and Conditions also apply to all contractual agreements with CARINDEX. Individuals who have entered into a contractual agreement with CARINDEX AG are hereinafter referred to as ”Customers”.
2. Entry into Force, Right of Withdrawal, Termination by CARINDEX
CARINDEX reserves the right to deactivate a customer’s user account at any time without giving reasons or to terminate a concluded agreement without giving reasons and without compensation consequences within 14 days of conclusion. In the event of a contractual, illegal, or immoral use of the platform and/or the products or services offered through the platform by the customer, or in the event that the customer has given cause for complaint due to the poor quality of data transmitted to CARINDEX AG, such as insertion data, CARINDEX AG may withdraw from the agreement without compensation consequences immediately and cease the provision of services without prior notice to the customer and without compensation consequences; in both cases, any price paid in advance for a specific period will be forfeited, and the customer will have no right to claim a refund. All claims of CARINDEX AG remain reserved.
3. Use of the Platform with or without Registration
The use of the platform can be done with or without registration. However, the use of certain services and products requires registration. Only persons who are at least 18 years old can register with CARINDEX AG. CARINDEX AG reserves the right to limit registration to certain countries. For CARINDEX AG, the customer is the person who uses the user identification and password, regardless of whether this person actually has access authorization. The responsibility for the proper handling of user identification and password lies with the person who registered.
4. Prices and Payment Terms
Unless expressly agreed otherwise, the current price list applies for pricing. CARINDEX AG reserves the right to adjust prices at any time to market and/or price developments. Unless expressly agreed otherwise, prices are net in Swiss francs including value-added tax. Depending on the product or service of CARINDEX AG, advance payment may be required, which can be processed via the payment options offered by CARINDEX AG, or the payment period is 10 days from the date of invoicing, subject to deviating payment terms according to a separate agreement or different indication on the invoice. If the customer does not pay within the payment period, the customer automatically falls into arrears. In addition, CARINDEX AG may refuse to fulfill the service and terminate the agreement without notice or compensation. In the event of payments not made on time during the term of the contract, CARINDEX AG also has the right to block the customer’s access to their user account. The block will be lifted upon full payment of all outstanding invoices. In this case, the customer is not entitled to an extension of the agreed contract period for the duration of the blockage. After the expiry of the payment period, statutory default interest is due. In addition, reminder costs of CHF 50.00 per reminder are to be paid. Furthermore, the customer bears the damage incurred by CARINDEX AG due to the default in payment and/or the termination of the agreement.
5. Prohibition of Reuse of Information
The commercial use of information and content is reserved for customers. Apart from that, customers acquire no rights to content or information made accessible on the marketplace. Violations will be prosecuted civilly and criminally. Customers expressly undertake not to use the information and content made accessible on the platform in any way or form outside the platform. In particular, customers refrain from copying, publishing, or otherwise reproducing the data accessible on the platform (e.g., on the Internet) or linking it with other data.
6. Intellectual Property Rights
All rights to information, elements, and content of the platform, especially copyrights, trademarks, and designations contained therein, are the property of CARINDEX AG or third parties who have granted CARINDEX AG corresponding usage rights. Insofar as the contractual use of the platform requires CARINDEX AG to grant the customer usage rights with regard to copyrights, trademarks, and/or know-how of CARINDEX AG, these are granted to the customer by CARINDEX AG non-exclusively, non-transferably, and to the extent necessary for the duration of the respective agreement. The usage rights granted to the customer are personal and non-transferable. If the customer agrees with CARINDEX AG to use a service of a partner (see section 14), this section also applies analogously to such services. Contents, data, texts, videos, music pieces, graphics, and other content that the customer submits to CARINDEX AG for publication on the platform (hereinafter collectively referred to as “insertion data”) must not violate any rights, especially no third-party rights such as personality rights and intellectual property rights. The customer may only submit insertion data to CARINDEX AG that he/she has created himself/herself or whose use has been approved by the rights holder. Addresses (email address or postal address), telephone numbers, or vehicle registration numbers must not be visible on photos used in the advertisements. Photos of individuals whose faces are clearly recognizable in the photos may only be used with the consent of the respective person. All object documents, photos, and templates created by CARINDEX AG on behalf of the customer become the property of the customer once the customer has fully paid the corresponding invoice to CARINDEX AG.
7. Management and Further Development of the Platform
The operation and management of the platform are carried out by CARINDEX. It is entitled to involve third parties to fulfill its obligations. CARINDEX AG strives to offer the operation of the CARINDEX AG platform as smoothly as possible and to keep interruptions for troubleshooting, maintenance work, introduction of new technologies, and the like short, but cannot completely exclude them. The technical development is solely at the discretion of CARINDEX. The services of partners (see section 14) are operated and managed by the respective partners. The technical development is at their discretion.
8. Publication of Advertisements
By submitting insertion data to CARINDEX AG or a partner of CARINDEX AG (see section 14), the customer authorizes CARINDEX to integrate the corresponding advertisement on the platform as well as on other online and offline channels of CARINDEX AG (e.g., as part of trade fairs) and on online and offline channels of partners of CARINDEX AG. However, there is no entitlement to the publication of the advertisements within these services. CARINDEX may interrupt, modify, or completely prevent the publication of advertisements at any time and for any reason without compensation.
Likewise, CARINDEX AG may use the insertion data for further own purposes and those of partners (such as for the creation of statistics) or publish them in any other way and store and edit them for this purpose. The customer expressly agrees to the direct or indirect transfer of insertion data necessary for the use of services from partners (see section 14) as well as the storage of such data in the database(s) of partners and the use of this insertion data by partners. CARINDEX AG cannot guarantee the confidentiality, integrity, and authenticity of the customer's published insertion data by the partners.
9. Data Protection
For the processing of data (especially personal data), reference is made to the data protection provisions.
10. Rights and Obligations of the Customer
The customer undertakes to use the platform and the services of partners integrated therein (see section 14) in accordance with the law and the contract. The customer assures in particular that:
• he/she provides all insertion data transmitted to CARINDEX AG or partners in the form and quality prescribed by CARINDEX AG, in accordance with the insertion rules of the marketplace;
• he/she is authorized to use all insertion data provided directly or indirectly by him/her or by third parties to CARINDEX AG or partners within the framework of contractual agreements with CARINDEX AG;
• the insertion data transmitted to CARINDEX AG or partners are complete and true, not misleading or unfair, and are kept constantly up to date;
• the products or services offered by him/her are correctly and truthfully described, have the described characteristics, and do not violate applicable laws or the rights of third parties (especially intellectual property rights and personality rights);
• he/she accepts and complies with these General Terms and Conditions at all times.
CARINDEX is entitled but not obliged to modify or not process the insertion data provided by the customer for legal or technical reasons. The customer assigns CARINDEX AG the exclusive right to use the provided insertion data. The insertion data may not be used, adopted, or copied by third parties, except for CARINDEX partners. The customer has no right to demand that third parties may refer to the insertion data provided by him/her for the purpose of publication on their platforms. Even if the customer grants permission to a third party to access such data, CARINDEX AG is not obliged to grant access to the data.
If CARINDEX AG is sued in connection with the use of the platform, an agreement with the customer, insertion data provided by customers, or products or services offered by partners or third parties, the customer is obliged to indemnify CARINDEX AG completely upon first request, including taking over the judicial and extrajudicial costs of CARINDEX. At the request of CARINDEX AG, the customer must also surrender all documents that appear useful to CARINDEX AG in order to avoid the lawsuit and must join the process.
11. Risk
The customer bears all risks that may arise due to manipulations of his/her IT system, malfunctions of his/her IT system, and/or abusive use of access authorizations.
12. Liability and Warranty
The platform contains information and content of CARINDEX AG as well as of advertisers and partners of CARINDEX. CARINDEX AG endeavors to ensure the correctness of this information and content but expressly makes no representations or warranties in this regard. This applies in particular to the truth, accuracy, completeness, and timeliness of the information and content. CARINDEX AG also declines any liability for damages that may arise from the retrieval, access, use, or utilization of this information and content. The retrieval and use of such information and content are at the customer’s sole risk. The customer is fully responsible for the products and services offered by him/her via the platform and for the content he/she submits to CARINDEX AG (especially for the insertion data, advertisements, and print orders). CARINDEX AG declines any liability for the customer’s content. In particular, CARINDEX AG does not provide any warranties or guarantees for the products and services offered by the customer via the marketplace and for any resulting contractual agreements, such as purchase agreements between customers or with users and third parties. CARINDEX does not check the content of websites linked to the platform and is not responsible for the content of such linked websites.
CARINDEX is only liable in cases of intent or gross negligence. In no event shall CARINDEX AG be liable for consequential damages and loss of profit. If, despite all due diligence, CARINDEX AG cannot fulfill its contractual obligations due to force majeure such as natural events, war, strikes, unforeseen government restrictions, as well as technical disruptions attributable to third parties, CARINDEX AG is not obliged to fulfill the contract for the duration of the event. The customer is entitled to rectification by CARINDEX AG for work that is assessed according to contract law. Rescission and reduction are excluded. To the extent permitted by law, CARINDEX AG excludes all liability for consequential damages resulting from defects. CARINDEX is not liable for the misuse of the Internet and associated damages to the customer by third parties, for security deficiencies and disruptions of third-party telecommunications networks and the Internet, as well as for operational interruptions and disruptions of the platform and third-party offers.
13. Legal Status of CARINDEX AG
13. Legal Status of CARINDEX AG
CARINDEX is not a party to contracts between customers, users, or other third parties concerning products and services offered by customers via the platform. CARINDEX AG is in no way responsible for the conclusion of contracts and any related risks. The information and content reproduced on the platform do not constitute an invitation to submit an offer, an offer, or a recommendation to rent and/or purchase by CARINDEX. CARINDEX is entitled but not obliged to monitor the behavior of users and customers as well as their content on the platform and to check their legality.
14. Use of Services from Partners of CARINDEX
The customer accepts the respective terms of use of these services each time he/she uses services integrated into the platform by partners of CARINDEX AG.
15. Set-Off Prohibition
The customer is not entitled to set off his/her claims against CARINDEX AG.
16. Assignment Prohibition
The customer may not transfer the contractual relationship with CARINDEX AG to a successor in interest without the written consent of CARINDEX AG, nor may claims arising from the contractual relationship with CARINDEX AG be assigned to third parties without written consent from CARINDEX AG.
17. Confirmation and Amendment of these General Terms and Conditions
The customer confirms these General Terms and Conditions each time he/she pays for an advertisement and publishes it on the CARINDEX AG platform. This ensures that the customer always has access to the most current version of the terms and conditions. CARINDEX reserves the right to change these General Terms and Conditions at any time. The current version will be published on the carindex.ch platform at an appropriate location and will be visible.
18. General Provisions
Should any provision of an agreement be invalid or unenforceable, it shall only be ineffective to the extent of its invalidity or unenforceability and shall otherwise be replaced by a replacement provision that economically comes closest to the ineffective or unenforceable provision. Any gaps in the corresponding agreement are to be filled by provisions that come closest to what the parties would have agreed upon if they had thought about the respective point at the conclusion of the corresponding agreement in terms of its meaning and purpose.
19. Applicable Law and Jurisdiction
These General Terms and Conditions are subject exclusively to Swiss law, excluding international conflict of laws rules (IPRG). The exclusive place of performance and jurisdiction is at the registered office of CARINDEX AG. CARINDEX AG is also entitled to sue the customer at his/her place of residence.