General Terms and Conditions of Business (“GTC”) of AWSON AG
1. Applicability / scope of application
These General Terms and Conditions of Business (GTC) of AWSON AG, Mittelstrasse 24, 2560 Nidau BE (hereinafter referred to as “awson”) regulate the use of the products and services offered by “awson”. The GTC are applicable to all contractual agreements with awson. Persons who have concluded a contractual agreement with awson are referred to hereinafter as “Customer”.
2. Entry into force, right of revocation, rescission by awson
awson has the right at any time to deactivate and/or amend the scope of services and the offerings on the web application without having to state reasons.
In the event that use of the offered products or services by the Customer is in violation of the contract, is illegal or immoral or in the case that the Customer has caused grounds for complaint due to defective quality of the data provided to awson, e.g. information, awson can rescind immediately from the agreement without compensation consequences and discontinue the provision of services without advance notice to the Customer and without compensation consequences; in both cases, any advance payments already made are forfeited and the Customer has no claim to reimbursement. All claims by awson are reserved.
3. Services / use
The web application can be used with or without registration. However, the use of certain services and products requires registration and/or a contract. Only persons ages 18 and over may register at awson. awson reserves the right to refuse registration for other reasons.
For awson, the person using the user identification or making use of a service is the Customer, irrespective of whether this person is actually has the right of access. The responsibility for the proper use and protection of user identification lies with the person who registered.
4. Prices and terms of payment
Unless otherwise expressly agreed, the applicable price list in each case or the prices published on the application are the basis of calculation for the prices. awson reserves the right to adjust prices at any time in line with market or price developments. Unless otherwise expressly agreed, prices are net in Swiss francs and include VAT.
Depending on the awson product or service, payment in advance may be required and can be made via the payment options offered by awson; otherwise, payment is due within 10 days after issue of the invoice except for deviating payment terms agreed separately or deviating information on the invoice. If the Customer fails to pay within the payment term, he/she is automatically in default. awson can then refuse the fulfilment of performance and dissolve the agreement without notice or reminder and without claim to compensation on the part of the Customer. Upon expiry of the payment term, statutory default interest is owed. In addition, reminder fees of CHF 50.00 per reminder are payable. Furthermore, the Customer bears the damages incurred by awson due to default of payment and/or the dissolution of the agreement.
5. Further use of information
The commercial use of information and content is reserved for Customers. However, the Customer acquires no rights whatsoever to the content or information made available through the web application. Infringements will be pursued under civil and criminal law.
6. Intellectual property rights
All rights to information, elements, and content of the applications, in particular any copyrights, brands and designations contained therein, are the property of awson or third parties from which awson has obtained the relevant rights of use.
The operation and management of the applications is through awson. awson is entitled to engage third parties for the fulfilment of its performance obligations. awson makes every effort to ensure operation of the application is as free of interruption as possible and to keep interruptions for the elimination of disruptions, maintenance work, the introduction of new technologies and similar as brief as possible but cannot rule these out entirely. Further technical developments are at the sole discretion of awson.
Services by partners (see 14 below) are operated and managed by the respective partners. The technical development is at their discretion.
8. Publication of data
Through the transfer of data to awson or a partner of awson (see 14 below), the Customer authorises awson to integrate the data in question into the applications as well as into other online and offline channels of awson (e.g., in the context of events) as well as into the online and offline channels of partners of awson. A claim to the publication of data within these services does not exist, however. awson can also use the data for its own further purposes and those of partners, e.g., for the creation of statistics, and otherwise disclose the data and save and process it for this purpose.
For the processing of data (especially personal data), we refer to the Data Policy at awson.ch/datenschutzerklärung.
10. Rights and obligations of the Customer
The Customer undertakes to use the applications and the services by partners integrated into these (see 14 below) in accordance with the contract and with the law. In particular, the Customer assures that:
- they are entitled to the data provided by them directly or indirectly via third parties to awson or partners and to use this data in the context of the contractual agreements with awson;
- the data provided to awson or partners is complete and true, not misleading or dishonest, and is kept up to date by the Customer;
- they accept these General Terms and Conditions and comply with them at all times.
awson is at all times authorised but not obligated to amend the data provided by the Customer for legal or technical reasons or to not process it altogether.
The Customer transfers to awson the exclusive right to use the data provided. The data may not be used, acquired, or copied by third parties; excepted are the partners of awson. The Customer is not entitled to have the data provided by the Customer obtained by third parties for the purposes of publication on their platforms. Even if the Customer has granted the third party his/her agreement for obtaining the data, awson is not obligated to grant the supply of the data.
If legal action is taken against awson by a partner or a third party in connection with the use of the applications, an agreement with the Customer, the data provided by the Customer or products or services offered, the Customer is obligated to indemnify awson upon first request, including assumption of awson’s judicial and extrajudicial costs. Upon request by awson, the Customer is also required to surrender all documentation that would appear useful to awson in averting the legal action and is obligated to intervene in the process.
The Customer bears all risks that may arise as a consequence of manipulation of their IT system, as a consequence of a malfunction of their IT system and/or as a consequence of misuse of access authorisations.
12. Liability and warranty
The applications contain information and content from awson as well as from partners of awson. awson makes every effort to ensure the accuracy of this information and content but expressly gives no assurances or warranties in this regard. This applies in particular to the truthfulness, correctness, completeness and topicality of the information and content.
awson does not check the content of websites linked to the applications and is not responsible for the content of such linked websites.
awson is liable only in the case of intent or gross negligence. awson is in no way liable for consequential damage and loss of profit. If, despite all due care taken, awson fails to fulfil its contractual obligations due to force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions or technical failures that are attributable to third parties, the Customer shall not be entitled to contract performance for the duration of the event.
The customer is entitled only to improvements by awson for services in accordance with the law on contracts for works and services. Rescission and a price reduction are excluded. To the legally permissible extent, awson excludes all liability for consequential damages.
awson is not liable for the misuse of the internet and any damages thus caused by third parties to the Customer, for security defects and disruptions to the telecommunications networks of third parties and to the internet as well as for interruptions to operations and disruption to the applications and to the services of third parties.
13. Use of services of partners of awson
14. Confirmation and amendment of these Terms and Conditions
The Customer confirms these General Terms and Conditions every time they pay for a service and every time they connect to the applications of awson. The most current version of the GTC is thus always made available to them. awson reserves the right to amend the GTC at any time. The currently valid version is published in a suitable place on awson-swiss.com.
15. General provisions
If a provision of an agreement is invalid or unenforceable, the same is void only to the extent of this invalidity or unenforceability and is otherwise to be replaced by a provision that comes economically closest to the invalid or unenforceable provision. Any gaps in the corresponding agreements are to be filled by a provision that comes closest to that which the parties would have agreed in terms of meaning and purpose had they thought of the pertinent point at the conclusion of the agreement in question.
16. Place of jurisdiction, applicable law
Swiss law applies exclusively. Court of jurisdiction for all disputes arising from or in connection with this contract is Nidau BE. Place of fulfilment and performance for foreign customers is also Nidau BE in accordance with Art. 50 of the Swiss Debt Collection and Bankruptcy Act (SchKG). awson reserves the right to take legal action at the place of residence of the Customer or at another responsible court, both in Switzerland and abroad. Also in such a case, Swiss law is exclusively applicable (choice of Swiss law, choice of place of fulfilment/performance in Switzerland).
Version dated 28 july 2021 – AWSON AG