General Terms and Conditions (GTC)
monoo medien ag, Obere Hönggerstrasse 1, 8103 Unterengstringen (hereinafter referred to as "Service Provider") regarding the use of the services offered by the Service Provider in the areas of Internet, print media, telephone services, SMS and MMS services and services in related areas.
Contact:
The service provider maintains a customer service line for inquiries, questions and complaints under the mobile number: +41 79 965 15 11 from Monday to Friday between 09:00 and 12:00 and between 14:00 and 17:00.
1. Scope and subject matter of the General Terms and Conditions
The service provider renders its services exclusively on the basis of these terms and conditions of business and payment (hereinafter referred to as "Terms and Conditions"), which form an integral part of the service agreement. Deviations from these Terms and Conditions are only valid if confirmed in writing by the service provider. Verbal agreements do not form part of the service agreement.
2. Contracts for free classified ads, paid classified ads and advertising of any kind on the service provider's websites
The contract between the customer and the service provider is concluded informally through the use of the services in accordance with Art. 4 para. 2 of the Swiss Code of Obligations. The content and scope of the services are defined in these General Terms and Conditions or in any individual agreements. The contract is concluded upon transfer and receipt of the payment by the service provider. The service provider reserves the right to refuse to enter into contracts without stating reasons.
3. Payment terms for paid advertisements and advertising of any kind on the service provider's websites
The service will be provided after payment has been received via the available payment methods (payment by telephone (IVR), cash, bank transfer, credit card). If the paid service cannot be provided due to technical problems, there is no right to a refund. Generally, there is no right to a refund.
Exception: Unused credits (1 credit = 1 CHF) paid by credit card can be reclaimed by the customer. These will be transferred to the customer's personalized bank account within 60 days, after deduction of any credited discounts. No cash payments will be made!
Services already rendered (completed listings) by the customer can be cancelled. However, the customer is not entitled to a refund of the used credit.
4. Publishing advertisements by circumventing payment options
Should anyone fraudulently increase their balance on the service provider's websites or bypass the payment provider, the offender will be held accountable and fined CHF 1000 per offense.
5. Personal data and data protection
By using a service offered by the service provider, the customer irrevocably and indefinitely grants the service provider and its contractors the unrestricted and unlimited right to send advertising, offers, and information of all kinds to their mobile phone via email, SMS, and MMS, as well as to send advertising, offers, and information of all kinds via direct mail, i.e., by post, email, and any other means (so-called explicit opt-in). The service provider and its contractors will comply with any otherwise applicable time limits, conditions, restrictions, provisions, regulations, guidelines, codes of conduct, contracts, agreements, customs, ordinances, and prohibitions regarding the sending of advertising via email, SMS, and MMS. The customer explicitly consents to the unlimited and unrestricted sending of emails, SMS and MMS messages, as well as the unlimited and unrestricted sending of advertising, offers, and information of all kinds by mail, email, and any other means. However, this consent can be terminated at any time (OPT-OUT), for example, by calling the service provider. The advertising covered by this article does not constitute unsolicited spam.
6. Offers, pictures and advertisements
The inclusion of URLs and advertising for other websites, including pay sites, is prohibited in free listings. Repeated violations will result in legal action by the service provider. A fine of CHF 1000 will be levied for each incorrectly placed listing.
Sexual acts with children or animals, human excrement, genitals, and sexual acts must not be visible in the image (SR 311.0 Art. 197 4.). Due to this legal situation, the service provider disclaims all liability. In the event of legal proceedings, consequential damages, and charges, the advertisers alone will be held liable. Sexual acts with children or animals (even those only mentioned in the text) will be treated as a criminal offense and reported immediately.
.It is strictly forbidden to advertise unprotected sex/unprotected sex in classified ads. We support the "Stop AIDS – Love Life" campaign by the Federal Office of Public Health (BAG). Ads containing so-called "AO" (unprotected sex) offers will be deleted without comment. In case of repeated offenses, the user will be blocked.
Anyone who publishes advertisements on the websites of the service provider or its contractual partners, or responds to such advertisements, is obliged to comply with the following laws and regulations:
- Data Protection Act (DSG)
- Telecommunications Act (FMG)
- Price Disclosure Ordinance (PBV)
- Swiss Code of Obligations (CO)
- Instructions from Swissmedic
- and the Criminal Code (StGB).
The following are particularly unlawful:
- Depictions of violence (Art. 135 of the Criminal Code)
- Incitement to violence (Art. 259 of the Criminal Code)
- Racial discrimination (Art. 261bis of the Criminal Code)
- illegal gambling within the meaning of the Casino Act or the Lottery Act
- Offering pornographic services within the meaning of Art. 197 para. 3 and 3bis of the Swiss Criminal Code (so-called hard pornography/excrement pornography).
Such content must not be made accessible even to adults who have specifically requested prohibited content. The publication of photos, images, image sequences, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, texts, advertisements, posters, banners, links, SMS messages, MMS messages, email messages, attachments, as well as depictions or texts that refer to or depict sexual acts with children or animals, human excrement, or violence is strictly prohibited. Due to the restrictions imposed on the service provider by the Data Protection Act (DSG) and the Federal Constitution (BV), the service provider cannot assume liability for the fact that abusive providers advertise prohibited content in the service provider's publications. Should the service provider discover that illegal information is being made available, it is entitled to exclude offending customers from further use of its services without prior notice. Should the service provider determine that advertisers are offering or making available illegal content to consumers, the service provider is entitled to file criminal charges and exclude those responsible for the misuse from any further business relationship. The service provider will act in the same manner if advertisers violate the regulations regarding the age of consent.
7. Spamming and soliciting customers (web/contact forms)
Sending advertising messages for other websites, pay sites, etc., as well as soliciting customers via the service provider's web/contact forms, is strictly prohibited. The service provider reserves the right to file charges in the event of repeated violations and to impose a fine of CHF 1000 for each identifiable spam or advertising email.
8. Severability Clause
Should any individual clauses of these Terms and Conditions prove to be invalid, the validity of the remaining provisions of the contract/Terms and Conditions shall not be affected. The invalid provision shall be replaced by a newly agreed-upon provision. If these Terms and Conditions contain any gaps, the provision that corresponds to what would have been agreed upon according to the purpose and intent of these Terms and Conditions had the matter been considered from the outset shall be deemed agreed upon. The exclusive place of jurisdiction for all legal disputes arising from these Terms and Conditions, including those concerning their legal validity, is the registered office of the service provider. By accepting these Terms and Conditions, you also accept our following disclaimer of liability.
9. Disclaimer
Offers on the service provider's websites
The service provider assumes no liability for the timeliness, accuracy, completeness, or quality of the information provided. Liability claims against the service provider relating to material or immaterial damages caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are generally excluded, unless the service provider can be proven to have acted with intent or gross negligence.
All offers are subject to change and non-binding. The service provider expressly reserves the right to modify, supplement, or delete parts of the pages or the entire website without prior notice, or to temporarily or permanently discontinue publication. The content of these web pages is protected by copyright. A single copy of the information from these web pages may be stored on a single computer for non-commercial, personal, and internal use. Graphics, texts, logos, images, etc., may only be downloaded, reproduced, copied, modified, published, sent, transmitted, or otherwise used with prior written permission. Product and company names mentioned may be registered trademarks or brands. Unauthorized use may result in claims for damages and injunctive relief.
Sexual acts involving children or animals, human excrement, genitals, and sexual acts must not be visible in the image (SR 311.0 Art. 197 4.). The service provider disclaims all liability under this law by accepting these terms and conditions. The service provider will make every effort to prevent such offenses, but cannot be held liable for failing to intervene.
10. Links and references
In the case of direct or indirect references to external links that are outside the responsibility of the service provider, liability would only come into effect if the service provider had knowledge of the content and it was technically possible and reasonable for them to prevent its use in the case of illegal content.
The service provider hereby expressly declares that no illegal content was identifiable on the linked pages at the time the links were created. The service provider has no influence whatsoever on the current or future design, content, or authorship of the linked pages. Therefore, the service provider expressly distances itself from all content on all linked pages that were changed after the links were created. This statement applies to all links and references within its own website, as well as to entries made by third parties in guestbooks, discussion forums, and mailing lists. The provider of the linked page is solely liable for illegal, incorrect, or incomplete content, and in particular for damages resulting from the use or non-use of such information. The party merely providing links to the respective publication is not liable.
11. Copyright
The service provider strives to respect the copyrights of all graphics, audio recordings, video sequences, and texts used in its publications, to use graphics, audio recordings, video sequences, and texts it has created itself, or to utilize royalty-free graphics, audio recordings, video sequences, and texts. All trademarks and brands mentioned within this website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by third-party rights! The copyright for published objects created by the service provider remains solely with the service provider. Reproduction or use of such graphics, audio recordings, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the service provider.
12. Data protection
If the option to enter personal or business data (email addresses, names, addresses, telephone numbers) exists within this website, the disclosure of this data by the user is expressly voluntary. The use and payment of all offered services is permitted – insofar as technically possible and reasonable – even without providing such data, or by providing anonymized data or a pseudonym. The use of contact information published within the legal notice or similar sections, such as postal addresses, telephone and fax numbers, and email addresses, by third parties for sending unsolicited information is prohibited. We expressly reserve the right to take legal action against senders of so-called spam emails who violate this prohibition. We cannot guarantee that information or personal data transmitted to us will not be intercepted by third parties during transmission.
13. Liability
The service provider is not liable for damages, in particular not for direct or indirect consequential damages (e.g., Trojans, dialers, viruses), data loss, lost profits, system or productivity failures resulting from the use of these web pages. This exclusion of liability does not apply in cases of intent or gross negligence. Any legal relationship arising from the use of these web pages between you and the operator is governed by the laws of the Swiss Confederation. The place of jurisdiction for any legal disputes arising from the use of these web pages is Zurich.
14. Service disruption
If the provision of services by the service provider or its contractors is disrupted, impaired, hindered, delayed, or rendered impossible by force majeure such as civil unrest, natural disasters, and similar events, or by the failure of third-party services or by the failure of the service provider's or its contractors' hardware or software, the service provider's or its contractors' obligation to provide services is suspended. Such failure does not entitle the service provider or its contractors to compensation.
15. Legal validity
This disclaimer is to be regarded as part of the internet publication from which you were referred to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain unaffected. This also applies to our terms and conditions.
16. Customer Service
The service provider maintains a customer service department according to the contact details above.
17. Jurisdiction and applicable law
For disputes arising from this legal relationship, the ordinary courts at the company's registered office shall have exclusive jurisdiction - subject to any mandatory jurisdictions stipulated by federal law.
This legal relationship and the resulting rights and obligations are governed exclusively by Swiss law, excluding any further references based on private international law.
18. Changes to the General Terms and Conditions
The service provider reserves the right to amend these terms and conditions at any time and adapt them to current services. Customers will be notified of any changes in an appropriate manner.
August 1, 2018