General Terms and Conditions digitalswitzerland

1. General

   1. Digitalswitzerland, an association with registered seat in Zürich (hereinafter "digitalswitzerland"), offers via its Website www.digitaltag.swiss (hereinafter the "Platform") various services for users according to these General Terms and Conditions and the information available on the Platform.

   2. The offer on the Platform is directed to users with Swiss residence.

2. digitalswitzerland Platform

   1. The current services, activities and events (hereinafter together the "Services") provided by digitalswitzerland are described on the Platform (as amended from time to time).

   2. For some Services the user may be required to register via the Platform. Registration is only permitted for natural persons and for some Services restrictions as to age, number of participants, etc. may apply. 

   3. When registering, the user chooses a username and password. Users are obliged to keep their password secret, to adequately protect the devices used by them to access the Platform from spying by malware and to notify digitalswitzerland of any suspected password data breach.

   4. The user may only register once. He agrees that all activities carried out with his access data on the Platform are attributed to him as if they were his own. If the user's access data is misused by third parties, the user is liable as for his own actions. All e-mails or other messages originating from his e-mail address or account shall be deemed to be his own.

   5. digitalswitzerland uses the data provided by the user during the registration to for the purpose of providing the Services. Detailed information on data processing by digitalswitzerland can be found in the https://www.digitaltage.swiss/help/privacy-notice/.

3. Interactive Services

   1. Some Services allow the users to participate interactively. The user is solely responsible for his/her interactive participation. When using and participating in any Service the user is obligated and covenants, 

   • not to make any statements or otherwise engage in or perform acts that are illegal, unethical, offensive, immoral or constitute harassment, mobbing or online-trolling;

   • not to make comments which are defamatory, libellous, insulting or discriminatory with respect to an individual or a company;

   • to comply with these GTC;

   • to observe the rights of third parties and in particular not to infringe any copyrights or other intellectual property rights of third parties; 

   • not to make any references which are deemed commercial communication/advertising for third party products or services. 

   • not to carry out any actions that are likely to impair the interests of digitalswitzerland or to damage the reputation of digitalswitzerland.

   2. Durch die Nutzung und Teilnahme an bestimmten Angeboten stimmen die Benutzer der Aufzeichnung und weiteren Verbreitung dieser Aufzeichnungen zu (einschliesslich der  Teilnahme/Aussagen des Benutzers in Verbindung mit seiner/ihrer Teilnahme an dem Dienst, sofern in den einzelnen Ankündigungen des Angebotes nicht anders angegeben).

4. Sanctions

   1. If digitalswitzerland has reason to suspect that the user violates these GTC, the applicable law, the rights of third parties, digitalswitzerland may take the following measures at its own free discretion:

      • warning of the user;

      • deletion of all or individual entries;

      • temporary blocking of the user;

      • final blocking of the user or deletion of his registration without notice.

      • In these cases, digitalswitzerland reserves the right of legal recourse or recovery of damages from the user. 

5. Intellectual Property

All rights pertaining to the Platform and the Services remain fully with digitalswitzerland or its partners and licensees and the user merely is granted the right to use the Platform and Services subject to these GTC and other specifications on the Platform. 

6. Limitation and Exclusion of Warranty

   1. digitalswitzerland's liability for damages incurred by the user in connection with the Services is limited to damages caused by digitalswitzerland intentionally or by gross negligence. digitalswitzerland is not liable for auxiliary persons. Any further liability for damages directly or indirectly connected with the Services is excluded, regardless of the legal basis for the damages.

   2. digitalswitzerland assumes no liability for the correctness, completeness and topicality of the contents of the Platform. Nor is any guarantee given that the Platform is error-free and free of harmful components (such as viruses).

   3. The Platform may contain links to websites of third parties over whose contents digitalswitzerland has no influence. digitalswitzerland does not assume any guarantee or liability for these external contents either.

   4. digitalswitzerland strives to keep the Platform available without interruption. However, the user acknowledges that uninterrupted availability of the Platform is not possible and that the user has no claim to a specific level of availability.

7. Indemnity

   1. The user indemnifies digitalswitzerland against all claims asserted against digitalswitzerland by third parties (including other users) in connection with the fact that the user has violated these GTC. The user assumes all costs incurred by digitalswitzerland due to such a violation, including the costs incurred for legal defence (including pre-litigation). 

   2. Any further rights as well as claims for damages by digitalswitzerland remain reserved.

8. Amendments of GTC, Functionalities or Fees

   1. digitalswitzerland may effect changes to the provision of the Platform, the Services and these GTC at any time and at its own discretion. Such changes will be displayed to the user on the Platform before they come into effect.

9. Miscellaneous

   1. digitalswitzerland is entitled at any time to discontinue the Platform or the Services as a whole or with respect to individual functionalities of the Platform or the Services with immediate effect. 

   2. Should one or more of the provisions of these GTC be null and void, or be or become ineffective, the remaining part shall not be affected thereby. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of gaps.

   3. These GTC, the Platform and the Services are subject to and governed by Swiss substantive law, to the exclusion of conflict of law provisions and international agreements.

   4. Disputes, differences of opinion or claims arising from or in connection with these GTC, the Platform or the Services shall be decided exclusively by the ordinary courts at the place of jurisdiction of the registered office of digitalswitzerland.

GTC digitalswitzerland 16.09.2020