General Terms and Conditions of Spiti360
1. Applicability
These General Terms and Conditions set forth the contractual relations between the customer and Spiti360 Switzerland Ltd. ("Spiti360"). The General Terms and Conditions apply to all agreements between Spiti360 and the customer with respect to the services and products offered by Spiti360.
2. Entry into force, right of revocation, withdrawal
As soon as the customer has signed an agreement or has confirmed the purchase of services and/or products via the Internet, the corresponding agreement enters into force incorporating these General Terms and Conditions.
Spiti360 reserves the right to cancel within 14 days any agreement entered into by an employee or an agent of Spiti360 or any agreement entered into with the customer via the Internet without stating a reason and without flity for damages.
In the event of any use of the services by the customer in contravention of the provisions of the agreement or which is unlawful or immoral or in the event the customer has given cause for complaints due to the poor quality of the data submitted to Spiti360, such as advertisement publication data, Spiti360 may immediately withdraw from the agreement and discontinue the provision of services without prior notice to the customer and without liability for damages; in such event the client has not right to reclaim payments made in advance for a certain period of time.
3. Access rights
By means of a user identification and password, Spiti360 will issue the customer rights of access to such Spiti360 applications that form the object of the relative agreement between Spiti360 and the customer.
Spiti360 considers a customer to be a person who uses the user identification and password, irrespective of whether this person actually owns access right.
4. Prices and payment terms
If not expressly agreed otherwise, Spiti360's currently valid price list applies for calculating the price of the corresponding service. These price lists are retrievable at any time on the Internet under the corresponding applications. Spiti360 reserves the right to adjust the prices to the market and/or price trends. The prices, if not expressly agreed otherwise, are net in Swiss francs including VAT.
All online services on Spiti360 are paid by credit card and processed through our partners payment system “SixPayments”. Online recurring payments are available. Buyers and cards data are securely saved by SixPayments database and will only be saved upon approval of the online customer to purchase recurring packages. If needed, the client can also pay via bank transfer with the approval of Spiti360. However, Spiti360 strongly discourage to do so due to recurring monthly or daily packages, which might not be correctly tracked through wire transfer. Spiti360 encourages its customers to use the online payments system in order to successfully and safely activate the recurring packages. There are no refunds possible due to online packages being automatically activated upon payment. Furthermore, for extraordinary and exceptional cases, the customer shall bear the costs for the damage incurred by Spiti360 from the delinquency and/or the cancellation of a payment.
5.Intellectual property rights
Spiti360 is exclusively entitled to all proprietary rights and brands as well as to the know-how used for the Spiti360 applications and online platforms. To the extent contractual use of the Spiti360 application by the customer is contingent on rights of use of Spiti360 proprietary rights, brands and/or know-how, these shall be issued by Spiti360 to the customer non-exclusively, non-transferably and to the extent required for the duration of the corresponding agreement. If the customer makes arrangements with Spiti360 to use a third-party application (cf. item 12), this section shall also apply analogously to such application.
The rights granted to the customer for the use of Spiti360 applications and online platforms and third-party applications (cf. item 12) are personal and non-transferable.
All item documents, photos and templates created by Spiti360 on behalf of the customer are the property of the customer.
6. Administration and further development of the application
The operation and administration of the Spiti360 applications and online platforms shall be carried out by Spiti360. Spiti360 is entitled to involve third parties to meet its service obligations.
Spiti360 will do its utmost to keep the operation of the Spiti360 applications and online platforms as trouble free as possible and to minimize periods of interruption required for correcting faults, maintenance work, introducing new technologies and similar issues. Further technical developments shall be introduced at the sole discretion of Spiti360.
The applications of third parties (cf. item 12) shall be operated and administered by the corresponding third parties. Further technical developments shall be introduced at the sole discretion of these parties.
7. Data protection/publication network
The customer shall permit Spiti360 to integrate data such as online advertisement publication data and print advertisement data, including the accompanying elements, such as texts, graphics, images, plans etc., into the Spiti360 online platform as well as into additional in-house online and offline services as well as those of third parties in accordance with the agreement. There is no entitlement to publication within these media. Spiti360 may interrupt, modify or entirely cease publication within the publication medium at any time, for any reason whatsoever, without consequences as to costs.
Spiti360 may also use or otherwise publish the advertisement publication data for its own additional purposes and the purposes of third parties, for preparing statistics, for example, and store and edit the data for this purpose. The customer expressly consents to the direct and/or indirect transfer of any data necessary for the use of third-party applications from the application provided by Spiti360 (cf. item 12) to the third-party application as well as to the storage of such data in their database(s). The customer expressly consents to the use of the data by third parties.
Spiti360 is obligated to comply with the applicable data protection provisions. Spiti360 is not in a position to comprehensively assure the confidentiality, genuineness and authenticity of the customer's data published online. The customer acknowledges in particular that personal data can also be retrieved in countries that do not recognize data protection provisions comparable to those in force in Switzerland.
The customer takes note and approves that Spiti360 may collect and store all data of and on customers, which are required for the ordinary processing during the client-customer-relationship. Such data may include, but are not limited to, contact details, credit rating and other information. Spiti360 is obliged to respect the relevant data protection laws and regulations.
Spiti360 uses Google Analytics on this website, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "Cookies", which are text files placed on the customer's computer, to help the website analyze how the customer uses the site. The information generated by the cookie about the use of the website (including the customer's IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating the customer's use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the customer's IP address with any other data held by Google. The customer may refuse the use of cookies by selecting the appropriate settings on the customer's browser, however, Spiti360 points out that if the customer does this the customer may not be able to use the full functionality of this website. By using this website, the customer consents to the processing of data about the customer by Google in the manner and for the purposes set out above. The customer acknowledges and consents to the fact that data about her/his contractual relationship with Spiti360 can be transmitted by Spiti360 to other companies within the same group of companies for the purpose of data processing.
8. Rights and obligations of the customer
The customer is obligated to use the Spiti360 applications and those of third parties (cf. item 12) in accordance with statutory and contractual provisions. The customer agrees 6 in particular that:
- s/he will deliver all data submitted to Spiti360 or third parties in the form and quality prescribed by Spiti360 in accordance with the advertisement publication provisions of the corresponding applications;
- s/he is entitled to all data s/he has directly or indirectly provided to Spiti360 or third parties via third parties such as graphics, photos, videos, pieces or clips of music, images, plans, texts, software and sounds and may use the data within the scope of the contractual agreements with Spiti360;
- the data submitted to Spiti360 or third parties are complete and true and that s/he continuously keeps the data up to date;
- s/he accepts the respective terms of use.
Spiti360 reserves the right to modify or completely rework the data submitted by the customer for technical reasons.
The client assigns to Spiti360 the exclusive right to use the data provided. The data may not be used, taken over, or copied by third parties. Even if the customer grants her/his consent to such data retrieval, Spiti360 is not obligated to permit retrieval. If Spiti360 is held responsible by a third party in connection with an agreement with the customer or in connection with the data and/or advertisement provided by the customer, the customer is obligated, when first requested to do so by Spiti360, to make available to Spiti360 all documents and information deemed useful by Spiti360 for the avoidance of the claims asserted. If Spiti360 is sued in court by a third party in connection with an agreement with the customer or in connection with the data provided by the customer, the customer is obligated to intervene in the action after a third party notice has been issued. The customer is obligated, in any case, to all assume all court costs and out-of-court costs incurred by Spiti360 in connection with such claims by third parties and fully indemnify Spiti360.
9. Warranty
The customer is entitled only to the right to require Spiti360 to remedy defects for work that is evaluated under law governing contracts for services. Contract nullification and price reductions are excluded. To the extent permitted under law, Spiti360 excludes any liability for consequential damage.
10. Risk
The customer bears all risks related to damage that may occur as a result of manipulation of her/his IT system, as a result of functional disruptions to her/his IT system and/or as a result of improper use of access rights.
11. Liability
The customer is fully responsible for the content of the data s/he submits to Spiti360, such as online ads and print orders. Spiti360 rejects any liability for the content submitted by the customer. In particular, Spiti360 does not warrant or guarantee the goods and services offered or contracts that may result, such as purchase contracts. This also applies to advertisements and print orders that are included by Spiti360 in the customer's order.
Spiti360 is liable only in the event of intent or gross negligence. Spiti360 is in no case liable for consequential damage and lost profits. If, despite all precautions, Spiti360 cannot perform its obligations due to events of force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures that are attributable to third parties, the customer shall not be entitled to contract performance for the duration of the event.
Spiti360 is not liable for abuse of the Internet and associated damage incurred by the customer via third parties, for security lapses and failures of third-party telecommunications networks and of the Internet or for operating disruptions and failures of the applications and online platforms and of Spiti360 and of third parties. Spiti360 assumes no liability for the software of other providers.
12. Use of third-party applications
For every use of third-party applications integrated into the Spiti360 applications and/or online platforms the customer accepts the corresponding terms of use of these applications.
13. Covenant against Offsetting
The customer is not entitled to offset her/his claims against claims by Spiti360.
14. Covenant against assignment
The customer is prohibited from transferring the contractual relationship with Spiti360 to a legal successor without the prior written consent of Spiti360. Likewise, the customer is prohibited from assigning rights or claims arising from the contractual relationship with Spiti360 to third parties without Spiti360’s prior written consent.
15. General provisions
To be considered legally binding, modifications and supplements to written agreements made in addition to the General Terms and Conditions, the corresponding terms of use and the corresponding advertisement publication provisions shall be in writing and agreed to by both parties. This also applies to any waiver of the written form requirement.
If any provision of an agreement is held to be invalid or unworkable, it shall become inapplicable only to the extent of its invalidity or unworkability and otherwise shall be replaced with a provision that comes as close as possible to the invalid or unworkable provision in terms of economic effect. Any gaps in the corresponding agreement shall be filled with provisions that come as close as possible to what the parties would have agreed to in terms of objective and purpose if they had thought of it at the relevant point while entering into the corresponding agreement.
16. Applicable law and legal venue
This agreement shall be governed exclusively by Swiss law, excluding international conflicts of law provisions. The exclusive place of performance and legal venue is the registered office of Spiti360. Spiti360 is also entitled to sue the customer at her/his registered office/place of residence.
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