Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY.
BY CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "DECLINE" BUTTON.
WHO WE ARE / CONTRACTUAL RELATIONSHIP
These Terms govern the use of our website www.PLIMPortal.com (the "Website") and our application for mobile and handheld devices (the "App"), together with all licences granted in respect thereof.
PLIMPortal AG and its affiliated companies (collectively "PLIM", "we", "our" and "us") grant you a licence to use:
• the Website and the App (the "Platforms") together with the data made available on the Platforms, as well as any updates or additions thereto;
• the service through which you connect via the Platforms, and the content we make available to you through it (the "PLIM Service").
All policies, terms, releases and waivers and the like issued by PLIM (the "PLIM Terms") are incorporated by reference and form an integral part of these Terms.
GENERAL
Definitions
For the purposes of these General Terms and Conditions:
• "Merchant" refers to one of the merchants registered with PLIM;
• "Customer" refers to one of the registered users who wishes to engage a Merchant;
• "Merchant Services" refers to any service offered by a Merchant.
The information published on the Platforms is intended for use by its visitors, and it is noted that, despite careful review for technical and factual accuracy, errors may occur. No guarantee is given as to the accuracy or completeness of the information on these pages. Please note that PLIM may, at its own discretion, change the information on its Platform from time to time.
PLIM gives no warranty whatsoever for the information on the Platforms; in particular, no warranty is given that the Platforms or their content or hypertext links are free of viruses, error-free or continuously available. You are advised to carry out your own virus checks and to take appropriate precautions. PLIM excludes all liability for damage caused by viruses or electronic transmissions.
PLIM is not liable for the use of the information on the Platforms by users.
Set out below are the General Terms and Conditions governing the use of the Platforms (the "General Terms and Conditions"). By using the Platforms, you expressly agree to be bound by these General Terms and Conditions, PLIM's general privacy policy and all applicable laws and regulations governing the use of the PLIM Services and the Platforms. PLIM reserves the right to amend these General Terms and Conditions at any time, such amendments taking effect on at least thirty (30) days' prior notice in accordance with the section "Changes to these Terms". Please review this page regularly.
In the event of a breach of these General Terms and Conditions, PLIM may terminate your use of the Platforms, exclude you from future use and/or take appropriate legal action against you.
If you do not agree to PLIM's General Terms and Conditions, please do not use the Platforms.
YOUR PRIVACY
We use personal data that we collect through your use of the Platforms and the PLIM Services in accordance with our privacy policy. Please read our privacy policy.
Please note that internet transmissions are never completely private or secure, and that any message or information you send via the App or a service may be read or intercepted by others, even where a special notice indicates that a particular transmission is encrypted.
GOOGLE PLAY STORE AND APPLE STORE TERMS
The manner in which you may use the App may also depend on the rules and policies of Google Play and/or the Apple Store. Please make sure that you have read these rules and policies before using the App.
OPERATING SYSTEM REQUIREMENTS
The App requires a smartphone device with at least 32 GB of storage and an Android or iOS operating system in its respective latest version.
SUPPORT FOR THE APP AND HOW YOU CAN NOTIFY US OF PROBLEMS
Support: If you would like to learn more about the Platforms or the PLIM Service, or if you experience problems using them, please refer to our support options on our Website.
Contacting us (including complaints): If you consider that the Website, the App or the PLIM Services are faulty or have not been correctly described, or if you wish to contact us for any other reason, please send an email to our customer service team at [email protected].
How we will communicate with you: If we need to contact you, we will do so by email or SMS using the contact details you have provided. We will not send you marketing emails or contact you by SMS unless you have expressly authorised us to do so.
HOW YOU MAY USE THE WEBSITE/APP, INCLUDING THE NUMBER OF DEVICES AND FAMILY ACCOUNT
In consideration of your agreement to comply with the PLIM Terms, you may:
• download the App to your smartphone (Android or iOS) and view, use and display the App and the service on such devices for your personal purposes only;
• receive and use any free supplementary software code or updates to the App, including "patches" and bug fixes, that we make available to you.
YOU MUST BE AT LEAST 18 YEARS OLD TO ACCEPT THESE TERMS, ACCESS THE WEBSITE AND DOWNLOAD THE APP
You must be at least 18 years old to accept these Terms, access the Website and download the App.
YOU MAY NOT TRANSFER THE APP TO ANYONE ELSE
We grant you personally the right to use the App and the PLIM Services in accordance with the provisions set out above. You may not allow others access to the App or the PLIM Services, or otherwise transfer the App or the PLIM Services, whether for money, assets, free of charge or in any other way. If you sell a device on which the App is installed, you must delete the App from the device.
CHANGES TO THESE TERMS
We may need to amend these Terms in order to reflect changes in the law or in best practice, to address additional features that we introduce, or to improve the quality of our service to you.
We will notify you at least 30 days in advance of any change, by sending you the details of the change or by notifying you of a change the next time you launch the App.
If you do not accept the announced changes, you should notify us. We will assess whether it is appropriate for you to continue using the Platforms and the PLIM Service under the existing terms but with certain new features, or whether your use of the Platforms and the PLIM Service should be terminated in order to protect your rights and ours.
UPDATING THE APP AND CHANGES TO THE PLIM SERVICE
From time to time we may automatically update the Website, change the App and improve the PLIM Services in order to enhance performance, expand functionality, make changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you decide not to install such updates or opt out of automatic updates, you may no longer be able to continue using the App and the PLIM Services.
We will use our best efforts to ensure that the App works with the current or previous version of the operating system (as updated from time to time), but we cannot guarantee this.
WHERE SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App to a phone or other device that does not belong to you, you must have the owner's permission to do so. You are responsible for complying with the PLIM Terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the Website, the App or any of the services, you agree that we may collect and use technical information about the devices on which you use the App, as well as about the associated software, hardware and peripherals, in order to improve our products and provide services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN OFF LOCATION SERVICES)
Our PLIM Services use location data sent by your devices. You can turn off this feature at any time by disabling the location services settings for the App on the device. If you use the PLIM Services, you consent to the transmission, collection, storage, maintenance, processing and use of your location data and requests by us, our partners and licensors in order to provide and improve location-based services. You can stop us from collecting such data at any time by disabling the location services settings. If you disable the location services settings, you may no longer be able to receive the PLIM Service via the App.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES
The Platforms or any PLIM Service may contain links to other independent websites that are not provided by us. Such independent websites are not under our control, and we are not responsible for their content or their privacy policies (if any).
You must make your own independent assessment as to whether you wish to use such independent websites, including the decision whether to purchase products or services from them.
LICENCE RESTRICTIONS
You agree that you will:
• not rent, lease, sub-licence, lend, provide or otherwise make available the Website, the App or the PLIM Services, in whole or in part, to any person without our prior written consent;
• not copy the Website, the App or the PLIM Services, except as part of the normal use of the Website or the App or where necessary for the purposes of backup or operational security;
• not translate, merge, adapt, vary, alter or modify the Website, the App or the PLIM Services, in whole or in part, nor combine or integrate the Website, the App or the PLIM Services or any part thereof with other programs, unless this is necessary in order to use the Website, the App and the PLIM Services on devices as permitted under these Terms;
• not disassemble, decompile, reverse-engineer or create derivative works based on all or part of the Website, the App or the PLIM Services, or attempt to do any such thing;
• comply with all applicable technology-control or export laws and regulations applicable to the technology used or supported by the Website, the App or any PLIM Service.
RESTRICTIONS ON PERMITTED USE
You may not:
• use the Website, the App or any PLIM Service in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example by hacking or by inserting malicious code such as viruses or harmful data into the Website, the App, any PLIM Service or any operating system;
• infringe our intellectual property rights or those of third parties in relation to your use of the Website, the App or any PLIM Service, including the submission of materials (to the extent that such use is not licensed by these Terms);
• transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website, the App or any PLIM Service;
• use the Website, the App or any PLIM Service in any manner that may damage, disable, overburden, impair or compromise our systems or security, or interfere with other users' use; and
• collect or harvest any information or data from any PLIM Service or our systems, or attempt to decrypt any transmissions to or from the servers of any PLIM Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Website, the App and the PLIM Services worldwide belong to us or our licensors, and the rights in the Website, the App and the PLIM Services are licensed (not sold) to you. You have no intellectual property rights in the Website, the App or the PLIM Services, other than the right to use them in accordance with these Terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for loss and damage. The Platforms and the PLIM Services serve only to facilitate the purchase of Merchant Services from a Merchant or to accept a purchase from a Customer. We are therefore not responsible for any loss or damage that you may incur in connection with the Merchant Services.
We are not liable for business losses. We are not liable to you for loss of profit, loss of reputation, loss of goodwill, loss of data, loss of business, business interruption or loss of business opportunity. Nor are we liable to you for any indirect or consequential loss of any kind.
Limitations relating to the Website, the App and the PLIM Services. The Website, the App and the PLIM Services are for information purposes only. You must obtain professional or expert advice before taking, or refraining from, any action on the basis of information from the Platforms or the PLIM Services.
Check whether the Website, the App and the PLIM Services are suitable for you. The Website, the App and the PLIM Services have not been developed to meet your individual requirements. Please check whether the facilities and functions of the Website, the App and the PLIM Services meet your requirements.
WE MAY TERMINATE YOUR RIGHTS TO USE THE WEBSITE, APP AND SERVICES IF YOU BREACH THESE TERMS
We may terminate your rights to use the Website, App and services at any time by contacting you if you have breached any of the PLIM Terms. If what you have done can be remedied, we will give you a reasonable opportunity to do so.
If we terminate your rights to use the Website, App and PLIM Services:
• you must cease all activities authorised by these Terms, including your use of the Website, App and all PLIM Services;
• you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App that you hold, and confirm to us that you have done so;
• we may access your devices remotely, remove the App from them and deny you access to the PLIM Services.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always inform you in writing when this happens and will ensure that the transfer does not affect your rights.
YOUR CONSENT IS REQUIRED TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may transfer your rights or obligations under these Terms to another person only if we agree in writing before the transfer takes place. An attempted transfer without our consent will not be recognised by us as a valid transfer, and you will remain responsible to us for your obligations.
RELEASE
You agree that neither PLIM nor its partners or licensors are responsible for the Merchants and/or the Customers. Each Customer has a direct contract with the Merchant, and the parties have direct recourse between the Merchant and the Customer, but not against PLIM. By accepting our Terms, PLIM, its partners and employees are released from all known and unknown claims, liabilities, costs, expenses, losses or damages arising out of or in connection with such disputes.
PLIM is in no way responsible for the Merchant Services that you receive from Merchants, including but not limited to the quality of such Merchant Services and how and whether such Merchant Services are delivered. We do not endorse or guarantee any of the Merchant Services offered. We do not warrant the accuracy or reliability of any information or marketing messages on third-party websites linked to the PLIM Services. You must contact the Merchant to resolve any problems you have in relation to the Merchant Services you have received from the Merchant. In addition, you may have certain dispute rights through your credit/debit card issuer if you pay by credit/debit card. Any disputes submitted to your credit/debit card issuer are between you and the issuer, and we are not liable for such disputes.
INDEMNIFICATION (RELEASE)
To the extent permitted by applicable law, you shall defend, indemnify and hold harmless us, members of our group and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims and expenses, including reasonable legal costs, arising out of or in relation to your use or misuse of the services or the content, or otherwise arising out of your content, related breaches of the PLIM Terms, or infringement by you or by any third party using your account. This means that you are responsible for any loss or damage we suffer as a result of such breaches.
LIMITATION OF LIABILITY
PLIM's liability is in any event limited to CHF 1,000. For the credit and payment relationship between the Customer and PLIM, the Customer Terms apply; the foregoing limitation to CHF 1,000 does not apply thereto.
Mandatory statutory liability is reserved: any exclusion or limitation of liability for unlawful intent or gross negligence is void pursuant to Art. 100 para. 1 CO; liability for personal injury remains unaffected in any event.
NO RIGHTS FOR THIRD PARTIES
This agreement confers no rights on third parties to enforce any clause of these Terms.
EVEN IF WE DELAY IN ENFORCING OUR RIGHTS, WE MAY ENFORCE THEM LATER
Even if we delay in enforcing an agreement, we may enforce it later. If we do not immediately insist that you do everything you are required to do under these Terms, or if we delay in taking action against you for a breach of this agreement, this does not mean that you do not have to do those things, and it does not prevent us from taking action against you at a later date.
IF A PROVISION OF THESE TERMS BECOMES INVALID, THE REMAINDER REMAINS IN FORCE
If any provision of the PLIM Terms becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part shall be deemed deleted. Any modification or deletion of a provision or part of a provision shall not affect the validity and enforceability of the remaining PLIM Terms.
INTERNATIONAL USE
We do not promise that the PLIM Services are suitable or available for use in locations outside Switzerland. Access to the PLIM Services from territories where their content is illegal or unlawful is prohibited. If you choose to access the Platforms from locations outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
If you are a Customer, please note that these Terms, their subject matter and any non-contractual disputes or claims are governed exclusively by Swiss law, and you agree to the exclusive jurisdiction of the Swiss courts.
