General Terms and Conditions of Scout24 Switzerland Ltd.
These General Terms and Conditions set forth the contractual relations between the customer and Scout24 Switzerland Ltd. ("Scout24"). The General Terms and Conditions apply to all agreements between Scout24 and the customer with respect to the services and products offered by Scout24.
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.
Scout24 reserves the right to cancel within 14 days any agreement entered into by an employee or an agent of Scout24 or any agreement entered into with the customer via the Internet without stating a reason and without liability 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 Scout24, such as advertisement publication data, Scout24 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, Scout24 will issue the customer rights of access to such Scout24 applications that form the object of the relative agreement between Scout24 and the customer.
Scout24 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, Scout24's currently valid price list applies for calculating the price of the corresponding product. These price lists are retrievable at any time on the Internet under the corresponding applications. Scout24 reserves the right to adjust the prices to the market and/or price trends. These price adjustments, if not expressly agreed otherwise, shall also be applied to ongoing contracts. The prices, if not expressly agreed otherwise, are net in Swiss francs including VAT.
The term allowed for payment is 10 days from the time of invoicing. If the customer fails to pay within the term of payment, Scout24 may cancel the agreement with immediate effect and without liability for damages without providing notice. In the event of payments not being made on time while the contract is still running, Scout24 also has the right to block the customer's access to the applications. Once all outstanding invoice amounts have been paid, the block will be removed again. In this event, the customer has no entitlement to the agreed duration of the contract being extended by the duration of the block. After expiration of the term of payment, interest on arrears is due in the amount of 1% per month. In addition, the customer shall pay collection expenses in the amount of CHF 50.00 per reminder. Furthermore, the customer shall bear the costs for the damage incurred by Scout24 from the delinquency and/or the cancellation of the agreement.
5. Intellectual property rights
Scout24 is exclusively entitled to all proprietary rights and brands as well as to the know-how used for the Scout24 applications and online platforms. To the extent contractual use of the Scout24 application by the customer is contingent on rights of use of Scout24 proprietary rights, brands and/or know-how, these shall be issued by Scout24 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 Scout24 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 Scout24 applications and online platforms and third-party applications (cf. item 12) are personal and non-transferable.
All item documents, photos and templates created by Scout24 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 Scout24 applications and online platforms shall be carried out by Scout24. Scout24 is entitled to involve third parties to meet its service obligations.
Scout24 will do its utmost to keep the operation of the Scout24 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 Scout24.
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 Scout24 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 Scout24 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. Scout24 may interrupt, modify or entirely cease publication within the publication medium at any time, for any reason whatsoever, without consequences as to costs.
Scout24 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 Scout24 (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.
Scout24 is obligated to comply with the applicable data protection provisions. Scout24 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 Scout24 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. Scout24 is obliged to respect the relevant data protection laws and regulations.
On its websites and in its apps, Scout24 uses technology that allows it to analyse website and app visits in order to continually improve the websites and apps. The tools Hotjar (websites) and UXCam (apps) are used for the non-personal analysis of the use of the platforms, and for statistical evaluation. These record information about the operating system, browser, geographical origin (country only), sites accessed during the visit and interactions (e.g. mouse movements and clicks). Scout24 uses the tool Optimizely to carry out A/B and multivariate tests, and provides different versions of the website on this basis. For this purpose, cookies are used that identify a user’s browser, but do not record any personal information. The customer agrees with and hereby consents to these proceedings and to this recording. Further information, including opt-out options, can be found on the websites of the corresponding tools (www.hotjar.com/www.uxcam.com/www.optimizely.com).
8. Personalised communications and advertising
The customer permits Scout24 to use their personal details for personalised communications and advertising. This includes both the personalisation and customisation of communications content via various channels, e.g. emails and push notifications with general information or promotional material, and the delivery of personalised content and advertising on the Scout24 portals. Scout24 may automatically evaluate known information about the customer’s behaviour on the Scout24 portals for this purpose. Scout24 may delegate the technical handling of advertising campaigns to third parties and pass on the customer's data for this purpose. At the end of every email sent by Scout24 is a link which allows the customer to unsubscribe from personalised communications and advertising at any time.
9. Rights and obligations of the customer
The customer is obligated to use the Scout24 applications and those of third parties (cf. item 12) in accordance with statutory and contractual provisions. The customer agrees in particular that:
- s/he will deliver all data submitted to Scout24 or third parties in the form and quality prescribed by Scout24 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 Scout24 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 Scout24;
- the data submitted to Scout24 or third parties are complete and true and that s/he continuously keeps the data up to date;
Scout24 reserves the right to modify or completely rework the data submitted by the customer for technical reasons.
The client assigns to Scout24 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, Scout24 is not obligated to permit retrieval. If Scout24 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 Scout24, to make available to Scout24 all documents and information deemed useful by Scout24 for the avoidance of the claims asserted. If Scout24 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 Scout24 in connection with such claims by third parties and fully indemnify Scout24.
The customer is entitled only to the right to require Scout24 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, Scout24 excludes any liability for consequential damage.
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.
The customer is fully responsible for the content of the data s/he submits to Scout24, such as online ads and print orders. Scout24 rejects any liability for the content submitted by the customer. In particular, Scout24 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 Scout24 in the customer's order.
Scout24 is liable only in the event of intent or gross negligence. Scout24 is in no case liable for consequential damage and lost profits. If, despite all precautions, Scout24 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.
Scout24 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 Scout24 and of third parties. Scout24 assumes no liability for the software of other providers.
13. Use of third-party applications
14. Covenant against Offsetting
The customer is not entitled to offset her/his claims against claims by Scout24.
15. Covenant against assignment
The customer is prohibited from transferring the contractual relationship with Scout24 to a legal successor without the prior written consent of Scout24. Likewise, the customer is prohibited from assigning rights or claims arising from the contractual relationship with Scout24 to third parties without Scout24’s prior written consent.
16. General provisions
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.
17. 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 Scout24. Scout24 is also entitled to sue the customer at her/his registered office/place of residence.
Updated on: January 2014 – Scout24 Switzerland Ltd.