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”.

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.

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.

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.

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.

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.

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.

For the processing of data (especially personal data), reference is made to the data protection provisions.

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.

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.

The customer is not entitled to set off his/her claims against CARINDEX AG.

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.

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.

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.

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.