General terms and conditions

General Terms and Conditions of Loyzo Technology GmbH & Digit@lSpace for the use of the offer at & and of the corresponding mobile application Preliminary remark For the sake of clarity, the terms of use only use the masculine form, but of course both/all genders are meant.

1. Scope of application

The website and the corresponding mobile application (“blog”) as well as the services offered via this platform are provided by Loyzo Technology GmbH (“Operator”). These terms of use apply to all persons who use the platform in any way (“users”). This applies regardless of whether the platform is accessed in Switzerland or abroad.

2. Obligation to comply with the terms of use

By accessing and using the platform, the user expressly agrees to these terms of use and LOYZO’s privacy policy. By using the website, the user undertakes to comply with these terms of use. Based on our legitimate economic interest, we use cookies on our website. The user can restrict the use of such cookies in his personal settings. The user accepts that certain functions can no longer be used in such a case.

3. Authorisation of use

Only persons who have given their consent to the terms of use in accordance with section 2 and have thus concluded a user agreement are entitled to use the platform.

4. Scope of use

The use of the platform is intended for personal use. Commercial use is strictly prohibited. The operator is entitled to all rights, in particular copyright and other intangible rights.

5. Registration

5.1 Registration requirements

Registration requires that the user submits the data requested in the registration mask (“Application for Registration”). Registration may only be carried out in person. The automatic creation of accounts is not permitted. The user must be identifiable on the basis of the information provided during registration, i.e. the information must be truthful. The person applying for registration must have the capacity to judge. The person completing the application for registration is aware that he or she is personally responsible for the content created using his or her account (cf. section 10).

5.2 Conclusion of the contract of use on the occasion of registration

With the application for registration, the user expressly acknowledges the validity of these terms of use and the data protection guidelines of LOYZO. The operator may refuse registration without giving reasons. There is no legal claim to registration. The user will be informed of the successful completion of the registration on the corresponding confirmation page. At the latest with the completion of the registration, the present contract of use comes into effect. The user now has an account to use the services of LOYZO.

6. Individual password

Upon registration (cf. Section 5), each user receives an individual password (“Password”) which gives him access to his individual account (“Account”). Access to services on the platform is only possible with this password. The user may not disclose the password to third parties and must keep it safe in order to prevent misuse.

He is obliged to inform LOYZO or the operator immediately if the password is lost or if he becomes aware that unauthorised third parties have gained knowledge of the password. Unless the user provides evidence that a third party has used the access to the platform without his consent, all declarations made via the access (e.g. orders) are attributed to the user. The user is liable for any misuse by third parties unless he can prove that he is not at fault.

7. Termination of the contract of use

7.1 Termination of the contract of use by the operator

The operator has the right to terminate the user contract at any time without notice and without giving reasons. Upon termination, the entitlement to use the offers of the platform shall lapse. In particular, the validity of the password pursuant to section 6 shall expire upon termination. The termination by the operator shall be effected by e-mail.

The operator will in particular terminate the contract if false information is provided during registration, registration requirements are not met, the provisions of these terms of use are violated or there are serious indications that the user is carrying out illegal activities.

7.2 Termination of the User Agreement by the User

The user has the right to terminate the user contract without notice at any time without giving reasons. After receipt of the declaration, the validity of the user’s password expires and the user’s account is deleted within one month in accordance with section 7.3. The termination is to be made via the personal profile settings.

7.3 Deletion of the account after termination

The user’s account will be deleted within one month after receipt of the termination by the user or after the operator has carried out the termination (cf. sections 7.1, 7.2). With the cancellation of the account, all stored data of the user will be deleted, unless the storage is necessary for the fulfilment and settlement of an existing legal relationship, for the defence of claims against the operator, for evidence purposes or for the fulfilment of legal storage obligations, but at the latest after the expiry of ten years. For technical reasons, contributions already published by users (cf. section 10.) cannot be deleted or removed from the platform. I.e. they remain publicly accessible in anonymised form even after the deletion of the account. The rights assigned pursuant to section 10.4 shall remain with the operator even after termination and deletion of the account.

8. Changes and discontinuation of offers of the platform

The user has no claim whatsoever to the provision of services by the platform. The operator reserves the right to change or completely discontinue the offers and URLs of the platform at any time at its own discretion and without giving reasons. In particular, accounts may be blocked or deactivated without compensation. The operator is entitled to transfer the provision of all services in whole or in part to third parties at any time.

9. Liability of LOYZO

9.1 Principle

The operator is only liable for direct damages caused by gross negligence or intent and which lie within her area of responsibility. In no event shall the operator be liable for consequential damages, lost profits, faulty transmission or loss of data. Liability is expressly excluded to the extent permitted by law.

9.2 Disclaimer regarding contents

Despite careful examination and great effort, the operator cannot guarantee that the published contents of the platform are always up-to-date, correct and complete. For this reason, the operator declines any liability for the topicality, correctness and completeness of the contents of the platform.

9.3 Disclaimer regarding links and services of third parties

The Platform contains links to other websites and online services. If the User uses a link, clicks on an advertising banner or other type of advertising, the User will be redirected to the website or online service of a third party. The fact that the Platform links websites or content or presents an advertising banner or other type of advertising does not mean that the Platform agrees with this content, nor does it indicate authorisation or our affiliation with this third party, nor does it constitute agreement with their privacy or data security policies. Other websites and services have different rules regarding the processing of personal and other data provided by users. The user himself is responsible for reading the data protection guidelines or related information of the other websites and online services used. The operator does not exercise any control over these websites and online services.

9.4 Disclaimer regarding data security and general risks when using computers and mobile devices

The operator makes use of appropriate physical, technological and administrative security measures and tries to apply them as far as circumstances allow. However, no method of data transmission and storage on the Internet is 100% secure. Although the operator makes every effort to protect the personal information of its users within the bounds of financially viable means, it cannot guarantee its absolute security. The operator does not guarantee the security of data (chat messages, offline messages, posts, etc.). In particular, no guarantee can be given that, with regard to uploads and downloads by using the platform, no damage can occur to the computer or other mobile devices. No liability is therefore assumed with regard to any kind of technical malfunctions. In particular, the operator assumes no warranty for the functionality and availability of the platform and the complete and correct reproduction of the content. This also applies in particular to content created by users (cf. section 10).

If the operator learns of a security breach that results in unlawful access to your data, we will attempt to notify you electronically so that you can take appropriate security precautions.

9.5 Limitation of liability regarding phishing

Identity theft and “phishing” are serious matters for the operator. Information about security measures to help protect your identity is a top priority. LOYZO will never ask its users to disclose your credit card information, account ID, password or ID card or passport number in a non-secure or unsolicited email or phone call. The operator accepts no liability for phishing cases.

9.6 Disclaimer regarding content created by users (contributions)

The operator is not liable for contributions by users (cf. section 10). The content does not originate from the operator of the platform.

9.7 Reservation of the contractual provisions of the cooperation partners

If services and goods are offered by cooperation partners via the platform (e.g. with regard to content, services, shop products, etc.), the operator does not become a contractual partner of the user with regard to these services and goods. These contracts are concluded solely between the user and the cooperation partner. The contractual provisions of the cooperation partners apply exclusively. The operator assumes no liability.

9.8 Exclusion of liability for further persons

The aforementioned provisions under section 9 also apply to employees, representatives and other auxiliary persons of the operator. Liability for auxiliary persons is generally excluded.

10. Rules concerning content created by users ("contributions")

After registration (cf. section 5), users have the opportunity to post contributions (e.g. texts, photos, information, data, videos, audio files, articles, comments, software, scripts, links and graphics) on the platform. For example, the community offerings include forums, guest books, comments, newsletters, photos or other contributions. The user is aware that the uploaded contributions are accessible to the public for an unlimited period of time and space and that the contributions may be retrievable via search engines for an unlimited period of time. The present terms of use and the data protection guidelines of LOYZO apply to the use of the contribution functions.

10.1 Sending the contributions

The contributions are to be sent by the user via the platform or by e-mail. Registration is a prerequisite for sending the contributions. Unsolicited data carriers will not be returned. The user has no claim to placement on the website.

10.2 Sole responsibility of the user for the contributions

The user bears sole responsibility for his/her contributions. If he posts a contribution online in any form, he confirms that he observes the applicable legal system, the rights of third parties, morality, etiquette and the rules of conduct on the Internet (netiquette, chatiquette). In particular, the user confirms that he/she is entitled to all rights to the uploaded contributions and that he/she has the necessary consents of third parties.

In particular, the User undertakes not to load, store, disseminate, present or make publicly accessible, publish and refer to or link to any content using the Platform which

  • violate personal rights and/or rights of third parties (e.g. patent rights, copyrights, trademark rights, trade secrets)
  • are obscene, insulting, defamatory, threatening, offensive, pornographic, glorifying violence, harassing, unsuitable for minors, racist, inciting hatred, xenophobic, radical right-wing, radical left-wing, anti-competitive, contain incitements to violence or other criminal offences or are otherwise reprehensible,
  • are unobjective or unrelated to the content commented on,
  • contain or constitute viruses or unsolicited mass mailings (so-called “spam”),
  • solicit participation in chain letter, pyramid game and free share promotions and/or pursue commercial or other commercial purposes.

10.3 Sole legal responsibility of the user with regard to his contributions

In the event of misconduct or violations of the legal system and these Terms of Use, the user alone shall bear any legal consequences.

The user indemnifies LOYZO, the operator as well as their organs, employees as well as auxiliary persons from justified claims of third parties, which are asserted due to content disseminated and made publicly accessible by the user on the platform or the behaviour of the user. The user thus assumes the handling and defence of any legal disputes, claims for damages, other actions and claims. In particular, the user shall bear all court and out-of-court costs incurred to protect the rights of the operator, its bodies, employees and auxiliary persons.

10.4 Granting of rights to contributions

If a user posts contributions (cf. ingress no. 10) on the platform, the user thereby grants the operator free of charge the right to present, make publicly accessible, distribute, make available for retrieval by third parties or otherwise use the contribution on all pages of the platform to which the contribution was sent, as often as desired and without any temporal or spatial restrictions (rights of use and editing rights). These rights granted shall remain with the operator in perpetuity even after termination of the usage agreement.

By posting his or her contribution, the user warrants that he or she may dispose of the rights hereby granted and has not otherwise disposed of them. In particular, he/she warrants that he/she is not infringing any copyrights or other rights of third parties.

Use for advertising purposes (advertisements) will only take place after consultation with the respective user or author and their consent.

10.5 Exclusion of the Operator's duty of verification with regard to contributions

The operator and the auxiliary persons of LOYZO are not obliged to check the contributions and the contents of the platform created by users. In particular, the operator is not obliged to check the correctness, completeness and legality of the user contributions in the community area (cf. section 10.2). The contributions published by the users do not correspond to the opinion of the operator, its organs, employees or other auxiliary persons of LOYZO.

10.6 Deletion of contributions

The operator and its administrators are entitled to delete individual contributions or parts of contributions at any time at their sole discretion. Irrespective of the aforementioned right, the operator will remove contributions that violate section 10.2. In this case, the operator and its administrators reserve the right to block access to certain functions for a user. However, the user has no right to such a measure, also with regard to contributions by third parties. As a rule, the operator will inform users of the deletion of their contribution. The user has no right to be informed.

10.7 Obligation of the user to report

The user undertakes to report to the operator of LOYZO & DIGITALSPACE any contributions or content which violate the law and section 10.2.

11. Data protection

The agreements regarding the processing of data are contained in LOYZO’s Privacy Policy. They are an integral part of these Terms of Use.

12. Raffles

12.1 Free participation

Participation in a competition is free of charge. If these terms and conditions of use are not accepted, the competition may be entered by sending a postcard to Loyzo Technology GmbH, Arbachstrasse 60B, 6340 Baar ZG. In this case, only the provisions under point 12 of these terms of use shall apply.

12.2 Winning notification

The winners will be informed of their winnings in writing by the platform. Those users who participate in the competition give their consent for their user name to be mentioned on the platform in the event of a win. If there is no user name, the details submitted on the occasion of participation in the competition will be published (cf. Clause 12.1).

12.3 Reasons for exclusion

The competitions are intended to be fair. Therefore, the operator reserves the right to exclude individual participants of the prize draw for objectively justified reasons, even after the draw. This applies in particular to participants who use several accounts or participate in the draw several times via third parties (straw men). Participants may also be excluded if they violate the conditions of participation in any other way or attempt to influence the course of the prize draw by unauthorised means.

13. Final provisions

13.1 Communications

Communications from the platform to the user shall be made by e-mail. The users agree that they may be informed by the platform about innovations of any kind by e-mail. Insofar as a date and/or a time is decisive for declarations and legal transactions, the displayed server date and time of the platform shall be decisive.

13.2 Changes to the Terms of Use

The operator reserves the right to change these terms of use at any time. The operator will inform about the changes on the platform. The changes to the terms of use shall be deemed to have been approved by the user if he continues to use offers of the platform after the expiry of one month after the entry into force of the new terms of use or does not terminate within two months after the entry into force of the changes in accordance with section 7.2.

13.3 Applicable law

All contracts between the Operator and the Users shall be governed by Swiss law, excluding conflict of laws rules, the UN Convention on Contracts for the International Sale of Goods and international treaty law.

13.3 Severability clause

Should individual provisions of this user agreement or the data protection guidelines be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining parts of the contract.

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