1. Scope
These General Terms and Conditions (GTC) govern the relationship between Bring! Labs AG (Räffelstrasse 26, 8045 Zurich, Switzerland) and the users in connection with the use of the "Profital" platform (hereinafter: Profital), available as a mobile app and webplatform with blog (hereinafter together: Services). The offer is only available to users residing in Switzerland.
These GTC apply to all visits to and use of the Services, as well as to the content, information, recommendations, products and services made available to the User on or via Profital. These GTC apply to all current and future services provided by Bring! Labs AG via Profital until they are amended or supplemented. By downloading the app or using the Services for the first time, the user agrees to these GTC. The use of the Services is only permitted within the framework of these GTC. References to persons apply equally to women and men as well as to more than one person.
2. Service description
Profital is a Switzerland-wide app and web platform with blog, which is available to stationary retailers, local service providers and manufacturers (hereinafter: providers) for the digital and local marketing of businesses and offers. Users can access valid advertising brochures, offers, opening hours and contact details of stationary retailers, local service providers and manufacturers in the area. The offer, sale and processing to users is carried out exclusively by the provider.
Die Nutzung von Profital ist kostenlos. Kostenpflichtige Angebote sind als solche ausdrücklich gekennzeichnet.
Die auf Profital publizierten Angebote sind unverbindlich und stellen keine Vertragsofferten seitens Bring! Labs AG oder des Anbieters dar, sondern sind lediglich Informationen zur Unterstützung des Einkaufens bei den entsprechenden Anbietern und sind als Einladungen zum Kauf bei dem jeweiligen Anbieter zu verstehen. Kauft der Nutzer eine Ware oder Dienstleistung bei einem Anbieter, kommt ein Vertrag ausschliesslich zwischen dem Nutzer und dem jeweiligen Anbieter zustande. Die Angebote der Anbieter basieren auf deren individuellen Lieferbedingungen und Konditionen. Nachträgliche Änderungen der Angebote und die Korrektur allfälliger Fehler bleiben vorbehalten.
Der Nutzer kann einen oder mehrere Anbieter zu seinen Lieblingsgeschäften hinzufügen und Benachrichtigungen über neue Angebote von Anbietern erhalten. Die App bietet zusätzlich die Möglichkeit, einen Einkaufszettel/Merkliste zu erstellen und Angebote weiterzuleiten, z.B. per E-Mail. Bring! Labs AG unternimmt angemessene Anstrengungen, um auf Profital stets aktuelle und korrekte Angaben und Informationen zu verwenden, wobei Daten aus technischen oder anderen Gründen Fehler oder unvollständige Informationen enthalten können. Dem Nutzer stehen daraus gegenüber Bring! Labs AG keine Ansprüche zu.
3. Participation and usage requirements
3.1. No login/registration
No login or registration is required to use Profital.
3.2. Further duties
Bring! Labs AG grants the user a simple (non-exclusive), non-transferable right to use the Services, in particular the apps, the database and the content made available for use, to the extent agreed in these GTC, otherwise to the extent absolutely necessary for the use of the Services.
The user undertakes to use the Services for their intended purpose and to refrain from any improper, abusive or illegal use. The user may not copy, decompile or reconstruct the software or the Services and may not pass them on to third parties (e.g. rent or distribute) and/or distribute works derived from them or grant sublicences.
The repeated and systematic reproduction, distribution or public communication of insignificant parts of the database in terms of type and scope shall be deemed equivalent to the reproduction, distribution or public communication of a significant part of the database in terms of type and scope, provided that these actions conflict with the normal use of the database by Bring! Labs AG or unreasonably impair the legitimate interests of Bring! Labs AG. In addition, the software and Services may not be used in a manner that adversely affects their availability (e.g. through the use of automatic devices, scripts and robots, spiders, crawler or scraper services).
The user agrees to use the Services only in strict compliance with all applicable laws, ordinances and regulations and in a manner that, in the sole judgement of Bring! Labs AG does not damage the goodwill or reputation of Bring! Labs AG. In addition, the user shall not take any action that would cause Bring! Labs AG in breach of any applicable law, ordinance or regulation.All security-related framework conditions, such as firewalls and anti-virus programmes, are the responsibility of the user, who must ensure that they are fully installed and used.
3.3. Publication
If the user publishes his/her own contributions (hereinafter: "Content") on a Service, he/she undertakes
- not to violate any industrial property rights, copyrights, personal rights or other rights of third parties;
- not to use the Services in a manner that is contrary to public decency, the law or other legal standards;
- not to link to or otherwise refer to websites whose content is unlawful, i.e. violates laws, official regulations and/or common decency and/or infringes the rights of third parties (personal rights, rights to a name, trademark rights and data protection rights);
- not to transmit any content that may damage the software, e.g. through viruses or other malware, or to use the Services in a way that may cause damage through overloading or other impairments;
- not to encourage participation in pyramid schemes, chain letters or the like;
- not to post Content for commercial purposes.
The user grants Bring! Labs AG the right to use the Content on the Services for publication, distribution and public access, without any time or geographical restrictions. The user has no claim to publication. Bring! Labs AG is also entitled to remove Content at any time and without giving reasons. The user indemnifies Bring! Labs AG from all claims by third parties that are based on a breach of one of the above obligations. This also includes the costs of legal defence.
3.4. Infringement
If the user breaches an obligation arising from these GTC, in particular from this section, or if there is reasonable suspicion of such a breach, Bring! Labs AG is entitled to block access to the Services temporarily and/or permanently without prior notice. For the avoidance of doubt, if access is blocked, the right to use the Services in accordance with Section 3.3 shall lapse.In the event of a negligent breach, the user shall be liable to Bring! Labs AG for all resulting damages. The user also indemnifies Bring! Labs AG from any justified claims by third parties, including the actual costs of legal defence. All further claims are reserved.
Bei einem schuldhaften Verstoss haftet der Nutzer gegenüber Bring! Labs AG auf Ersatz aller hieraus entstehenden Schäden. Er stellt Bring! Labs AG in diesen Fällen auch von jeglichen berechtigten Ansprüchen Dritter, einschliesslich der tatsächlich anfallenden Kosten der Rechtsverteidigung frei. Alle weiteren Ansprüche bleiben vorbehalten.
4. Availability and Interruptions
Bring! Labs AG endeavours to ensure the highest possible and uninterrupted availability of Profital and its functions. However, it does not guarantee uninterrupted service, service at a specific time or the completeness, authenticity and integrity of the data stored or transmitted via its system or the Internet. The user has no right to the provision of certain services.
Interruptions for troubleshooting, maintenance windows, implementation of new technologies, etc. are kept to a minimum by Bring! Labs AG and, whenever possible, scheduled during off-peak hours.
Bring! Labs AG reserves the right to discontinue the operation of its Services at any time and to change or expand the nature and scope of the Services provided. Furthermore, Bring! Labs AG may also charge a fee for its Services at any time.
5. Intellectual Property Rights and License
All content made available or displayed on Profital, including but not limited to logos, symbols, trademarks, text, graphics, photographs, images, illustrations, sound, video and audio material, designs and software are protected by intellectual property rights (copyrights, trademark rights, etc.) and may only be used to the extent specified herein. This Content is the exclusive property of Bring! Labs AG or the relevant rights holders. Unless expressly agreed otherwise, Profital, its content and all related rights shall remain the exclusive property of Bring! Labs AG or its licensors. All such rights are reserved.
Accordingly, any unauthorised use of Profital or its content may constitute a violation of copyright, trademark, trade secret, privacy or publicity laws.
The Content is intended solely for the personal information of the user and for private use only in accordance with these GTC. Bring! Labs AG does not transfer to the user any interest in the Services of Bring! Labs AG, including the available information, data and content of Profital or any other property of Bring! Labs AG.
6. Liability
The use of information and the use of Profital is at the sole and exclusive risk of the user. Profital and its content is provided without warranty of any kind. Bring! Labs AG expressly excludes - as far as legally permissible - any liability, in particular the guarantee for the marketability and suitability for a specific purpose as well as for the completeness, correctness and up-to-dateness of the information published on Profital.
Any liability of Bring! Labs AG for damages caused by slight or medium negligence is excluded to the extent permitted by law.Bring! Labs AG shall not be liable - to the extent permitted by law - in particular for indirect or consequential loss or damage, such as loss of profit, loss of data or damage resulting from downloads. Insofar as the liability of Bring! Labs AG is excluded or limited, this also applies to the personal liability of employees, representatives and agents (e.g. subcontractors, suppliers, etc.).
Bring! Labs AG shall not be held liable - to the extent permitted by law - for damages resulting from illegal or non-contractual use of its Services.
Product liability and personal injury claims are reserved.
Bring! Labs AG shall not be held liable - to the extent permitted by law - for damages caused by force majeure or disruptions, in particular due to lack of internet connection, unlawful interference with telecommunications equipment and networks, network overload, intentional blocking of electronic access by third parties or interruptions.
Bring! Labs AG and the Providers operate their respective websites independently. Bring! Labs AG is therefore not liable for the content or technical design of the Providers' websites or for the content provided there. The same applies to websites of Providers or third parties to which links are provided or which are integrated into the Services in any other way.
7. Data protection and security
If Bring! Labs AG collects or processes personal data in the absence of user registration, it shall do so in accordance with the provisions of Swiss data protection law. Bring! Labs AG will take appropriate measures to protect personal data and treat it confidentially.
For details on data processing by Bring! Labs AG, please refer to the Privacy Policy.
8. Third Party Reference
The user agrees that Bring! Labs AG may involve third parties in the provision of the Services and that personal data may be passed on to the extent necessary for such cooperation. Bring! Labs AG is obliged to carefully select, instruct and monitor the third party service providers. The user acknowledges that these third parties may process personal data abroad.
9. Duration and Termination
When first using Profital, a licence agreement is concluded. The contract is indefinite.
In the event of repeated breach of contractual obligations by the user despite a reminder from Bring! Labs AG, the contractual relationship may be terminated at any time with immediate effect.
The user may terminate these GTC at any time without notice by deleting the mobile app or by sending an e-mail to Bring! Labs AG
10. Amendments to the GTC or the Services
Bring! Labs AG reserves the right to amend the GTC at any time and to change or discontinue the Services. The changes will be announced in an appropriate manner, except in cases of urgency. If no written objection is received within one month of notification, the changes to the GTC and the service offer shall be deemed to have been approved. In the event of an objection, the user is free to terminate the business relationship with immediate effect.
11. Severability
Should any provision of these GTC be invalid, incomplete or unlawful, or should performance become impossible, the validity of the remaining parts of the contract shall not be affected. In this case, the parties undertake to replace the provision in question without delay by a valid provision which comes as close as possible to the original intention in terms of content, provided that this does not conflict with consumer protection regulations.
12. Governing Law and Jurisdiction
These GTC shall be governed by Swiss law. To the extent permitted by law, the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG, SR 0.221.211.1) and the conflict of laws provisions of the Swiss Federal Law on International Private Law (IPRG, SR 291) are excluded.
The place of jurisdiction shall be Zurich. (Partially) mandatory jurisdictions remain reserved (in particular Art. 32 and 35 CPC for consumers).
13. Form of Publication
The legally binding GTC, which form an integral part of the contract, are published electronically and can be viewed at
www.profital.ch/en/terms-of-use.
In individual cases, Bring! Labs AG may provide a printed version of the GTC upon request. The user acknowledges that a printed version of the GTC is only a representation of the legally binding electronic version of the GTC in force at the time and only provides legally valid information as long as it corresponds to the electronic version.