1 SUBJECT MATTER
(a) The website «familyfirst.ch» is a service provided by the company EHAB Services GmbH (hereinafter „Operator“) (UID – Number: CHE-112.698.301).
(b) By visiting the website «familyfirst.ch» including sub-domains), users declare their consent to the General Terms and Conditions set out below and the additions thereto (Fee Schedule, Data Protection Policy)), all referred to together as «familyfirst GTC».
2 SCOPE AND AMENDMENTS
(a) The familyfirst GTC govern the conditions of participation and the use of the platform familyfirst.ch as well as the services offered on the website „www.familyfirst.ch“(including sub-domains) and the resulting legal relationships and the rights and obligations of users .
(b) The Operator is entitled to amend the familyfirst GTC at any time without stating the reasons and to supplement and publish the current version on the platform familyfirst.ch.
3 DEFINITION OF TERMS
(a) Supplier: Suppliers are natural or legal persons who upload information about their products and services, offers, events, tours etc. for families on familyfist.ch by themselves through an account or in collaboration with the operator.
(b) Visitors: Visitors are persons who use the platform without being registered.
(c) Users: Users are the natural persons who use the platform familyfirst.ch in their own name or on behalf of the Suppliers, whether as administrators, authorized signatories or as organization managers.
(d) Platform: The website “familyfirst.ch” (including sub-domains) offers an internet-based service for families.
4 SERVICES OF THE OPERATOR AND FEES
(a) The Operator operates the platform familyfirst.ch, a search engine for the search of family-friendly events, restaurants, shops and other offers throughout Switzerland and abroad, as well as a blog to exchange family related experiences. familyfirst.ch is a platform, on which Suppliers can upload information about their products, services, offers, events, tours etc. for families. Suppliers are solely responsible for the content they make accessible on the platform.
(b) Suppliers can create their own pages on the platform familyfirst.ch:
(i) event pages: Suppliers may upload information, images, contact details for a particular event for free..
(ii) listing packages: Suppliers may upload information, images, contact details for their business for a fee as set out in the Fee Schedule.
(c) The Supplier shall mutually promote the platform, i.e. back link, upon agreement with the Operator.
(d) The Operator deletes the contents the Suppliers uploaded on the platform as soon as they become obsolete, in particular when an event has ended, or fees have not been paid according to the Fee Schedule. Before expiry of the payment period of a renewal fee, the Operator informs the Supplier.
(e) Upon request of a Supplier, certain contents may be published in cooperation with the Operator, e.g. reviews or testimonials on products or services. These contents may then be published on the platform by the Operator. Such a service will be agreed and invoiced separately.
(f) The Operator shall neither be part to the contractual agreements concluded between the Suppliers and the Visitors / Users nor provide consulting or payment services for the conclusion of such contracts.
(g) Users sign up for the familyfirst.ch newsletter when registering. Website Visitors can sign up for the familyfirst.ch newsletter without logging in. The newsletter contains tips on events and sponsored content. The Operator is entitled at any time to offer new or other services on the platform, to adapt existing services or to suspend services entirely. Users will be informed about such changes in accordance with these Terms and Conditions.
5 REGISTRATION AND PARTICIPATION
5.1 Participation requirements and registration process
(a) Use of the platform requires full registration. Interested Users submit an application for registration and acknowledge the validity of the familyfirst.ch terms and conditions.
(b) When registering, the User specifies an email address, which must be validated by the User. In the registration process, the User provides contact details (surname, first name, e-mail address), and chooses the User name and a safe password.
(c) The Operator checks registration requests for completeness and reserves the right to verify the correctness of the information given in the application. It is authorized to obtain information from third parties to do so.
(d) There is no right to registration. The Operator may refuse requests for registration without stating the reasons. Incomplete and incorrect registration requests will be rejected.
(e) Each User will receive access to the confidential, password-protected area of the platform. A personal profile, which is non-transferable, will be held for each User.
(f) The User’s rights may not be made available to third parties. Users are fully responsible for all activities that occur using their user account by any third parties. Users are obliged to protect their passwords.
(g) The personal details and information stored by the User must be complete and accurate and in the event of subsequent changes must be updated by the User unsolicited and without undue delay.
(h) The Operator has the right to warn Users, to restrict and/or to block functions and use at the expense of Users and to temporarily or permanently exclude Users from the platform, without stating reasons. This applies especially in the case of suspected abuse, violations of the law and/or breaches of contractual terms, including these familyfirst GTC.
(i) Users have a duty to inform the Operator immediately if there is any evidence that their access details are being misused by third parties.
5.2 Start and end of Use rights
(a) Use rights start upon successful registration (including identification) with the Operator.
(b) Incomplete registrations will be deleted by the Operator after a reasonable period of time.
(c) The use rights under these GTC may be cancelled at any time by email to the Operator. The Operator will confirm the termination by email and block the profile as well as the user account of the corresponding User.
6 OBLIGATIONS OF THE SUPPLIER
(a) Suppliers that wish to purchase a listing shall provide contact details (surname, first name, e-mail address, mobile telephone number), and information about the organization such as the business name, address, function, telephone number, and shall choose a User name and a safe password.
(b) The Supplier is solely responsible for the content uploaded, especially Information, events, advertising, promotions, raffles etc. and the information provided through registration. The User represents and warrants that the information provided is accurate and the content does not infringe third rights, especially intellectual property rights.
(c) The Supplier shall hold the Operator harmless of any costs, claims, damages, losses or other claims that may derive from his / her registration or receipt of familyfirst.ch services.
7 GENERAL OBLIGATIONS OF ALL USERS
(a) Users shall not make any improper use of the services of Operator, in particular:
(i) No dissemination of defaming, offensive or otherwise illicit material of information. This applies in particular to pornographic, racist, inciting or similar content.
(ii) No introduction of data into the system that contain computer viruses (infected software) or software or other material, that potentially damages Operator’s hard- or software.
(iii) No publishing of copyrighted material unless the User is rightfully entitled to do so.
(b) With the upload of content the User grants the Operator a non-exclusive, worldwide, perpetual right to use the content free of charge. The User grants the Operator the right to store, publish, make available to the third parties, e.g. Instagram, Facebook, Twitter, Linkedin, Pinterest, the uploaded content (text, pictures, videos) as well as surname and name in the event that this serves the promotion of the User’s offer, th e User him/herself or the Operator. The Operator is entitled to use and make available the content in whole or in part, in amended form, or in combination with Operator’s own content.
(a) The Operator reserves the copyright in all of its own content on its websites. Copying or use of such content is permitted only with prior written consent of Operator.
9 TRANSFER OF RIGHTS AND OBLIGATIONS TO THIRD PARTIES
(a) The Operator reserves the right to have rights and obligations under these GTC and relations with the Users exercised wholly or in part by third parties or to assign these to a third party.
(b) In particular, the Operator has the right to assign all claims and rights vis-à-vis Users arising from the use of the platform wholly or in part to third parties or to commission third parties with their enforcement and collection.
10 SERVICES OF THE OPERATOR AND FEES
(a) The use of the platform familyfirst.ch is free for Visitors and Users who want to inform themselves about services of Suppliers.
(b) The services of the Operator will be remunerated according to the current Fee Schedule. The usage fees referred to in the Fee Schedule will become due upon the acceptance of the order of a specific service or product. Debts and liabilities vis-à-vis the Operator and / or other Users shall remain in force and be owed even after the exclusion of the Supplier pursuant to paragraph 5.
(c) Other services provided by the Operator related to projects of the Supplier may be agreed and invoiced separately.
(d) For payments to the Operator the user shall use PayPal.
11 EXCLUSION OF LIABILITY
(a) Any liability of the Operator is excluded to the extent legally permissible, in particular for:
(i) economic, personal or intangible damages that derive from the use of familyfirst.ch;
(ii) the correctness of the information, documents and assessments given to Users;
(iii) any contractual risks in connection with contracts concluded by Users;
(iv) losses resulting from the temporary non-availability of functionalities of the platform and/or individual web pages thereof;
(v) the content and functioning of third-party websites that can be accessed through links from the platform and/or individual web pages thereof; and
(vi) losses that users or third parties cause to other users or third parties in connection with the use or abuse of the platform.
12 ELECTRONIC COMMUNICATION
(a) Communication between the Operator and the Users will in principle be conducted by electronic means. The Users expressly authorize the Operator to use the email address indicated by the Users for all correspondence. This permission applies in particular also for communications and messages of legal relevance.
(b) In addition, the Operator retains the right to communicate with the Users by post.
13 DATA PROTECTION AND DATA SECURITY
(b) Data protection and data security are a priority for the Operator, which is why it takes the appropriate contractual, technical and organizational measures to ensure that they are complied with at any time. All data, including personal data, will be held exclusively in servers based in Switzerland (Hostpoint.ch).
14 SEVERABILITY, APPLICABLE LAW, PLACE OF JURISDICTION
(a) Should individual provisions of the familyfirst GTC be or become ineffective or unenforceable, they shall be replaced with a clause corresponding to the intent of the parties. This shall not affect the remaining provisions.
(b) These GTC are subject solely to Swiss law under exclusion of international private law and the Vienna UN sales Convention.
(c) All disputes arising from or in connection with these GTC shall be decided by the ordinary courts at the registered office of the Operator.