I.Scope of application
These General Terms and Conditions (AGB) and Data Privacy Statement arrange all relations between the SinoSwissPortal GmbH (thereinafter SSP GmbH), the operator of the website and the User of services and products of SSP GmbH offered on this website. They do not apply to websites that are not controlled by SSP GmbH.
This General Terms and Conditions and Data Privacy Statements are binding for all users of the website. Users of products and services on this website automatically accept these General Terms and Conditions and Privacy Statements and must comply with them. If no alternative agreement has been made, then these General Terms and Conditions are an integral part of any contract between SSP GmbH and the User.
Should differing General Terms of Use or Privacy Statements exists, then those will have no effect in this, even, if SSP GmbH has not expressly contradicted them. A written consent by SSP GmbH is necessary for all differing General Terms of Use or Privacy Statements.
II.Terms of Use
- Scope of use
- i Usage
The User shall use content on this website only for personal use and not for commercial use. Further usage of content on this website is only permitted with a written consent by SSP GmbH. SSP GmbH can revoke such a written consent at any time and without stating any reasons.
- ii User account
Registering any user account requires entering a username a well as a valid email address. Additional services on our website may require that the user enters full name, company name as well as address. The user must use his login data in comply with the agreement and may not show it to third parties without the written consent of SSP GmbH. Automated creation of user accounts is strictly forbidden. The user is fully responsible for his/her login data and takes full responsibility for all acts that are made using his/her user account.
- iii Buying paid services on this website
By clicking on “order now, liable to pay” / “buy”, you give a binding purchase offer. After your purchase, you will receive a confirmation email with your order details. The contract is only concluded, after you receive this purchase confirmation. Prices mentioned on this website are including VAT.
- Services provided by SSP GmbH
- i General
The content and scope of the provided services depend on these General Terms and Conditions and Data Privacy Statement and perhaps an additional contractual relationship. Some of this website’s services are fee based.
- ii Online Services
Generally, online services are available 7 days per week, 24 hours per day. SSP GmbH reserves the right to turn off any online service at any time (e.g. for maintenance or updates) and thus shorten the above-mentioned operating hours. SSP GmbH also reserves the right to modify any of its services or products. Claims due to performance limitations, cancellation or modification of services or products are explicitly excluded. The user has no right to cancel the contractual relationship in advance due to such claims.
- Conclusion of the contract, contractual period and termination of the contract
- i Conclusion of the contract
A contract between SSP GmbH and the User takes effect after the User receives the registration confirmation or the purchase confirmation (for payable products, the purchase confirmation is made through the payment confirmation).
- ii Contractual period and termination of the contract
A contract for payable products and service ends with the end of the agreed contractual period. If the product or service is of unlimited duration or automatically renewed, then the product or service ends after the User sends a written termination to SSP GmbH. In case of death of the user, a cancellation of the contract is possible. A contraction cancellation before the contractual period end does not give the User the entitlement to reimbursement in regard to already paid fees. If the contract is cancelled, then the User loses the rights of use.
- Copyright
Text written by SSP GmbH on this website belongs to SSP GmbH, reproduction of these texts is only possible with a written confirmation by SSP GmbH.
- User Generated Content
- i About User Generated Content
User Generated Content (UGC) includes all content created by users and not by the site. Content uploaded by users of this site is User Generated Content. User Generated Content is not always checked by us, that means problematic content will be removed after it has been reported to us. Problematic content is for example content that:
– violates trademarks or copyrights.
– violates other rights.
– is not appropriate.
If you find such content on the website, you are welcome to contact us. If the found content happen to be problematic content, then we will remove it as soon as possible.
- ii Responsibility for User Generated Content
The User are responsible for any content they publish on sinoswissportal.com. Users must make sure that any content they publish on the website complies with Swiss law and does not infringe the rights of third parties. Users are solely responsible for any content they publish on sinoswissportal.com and must bear all legal consequences if the content they publish on the website does not comply with Swiss law or/and does infringe the rights of third parties.
- iii Change, deletion and usage of User Generated Content
The user gives SSP GmbH the right to change, shorten or delete any User Generated Content without mentioning any reasons. This right is indefinite and does not end with the termination of the contractual relationship between SSP GmbH and the User. The User also gives SSP GmbH the right to fully or partially use and save content he/she published on the website. This right is indefinite and does not end with the termination of the contractual relationship between SSP GmbH and the User.
- iv Liability for User Generated Content
SSP GmbH is not liable for any User Generated Content on sinoswissportal.com. Any User Generated Content on this website has not been written by SSP GmbH.
- v Checking of User Generated Content
SSP GmbH has no obligation to check User Generated Content but if we see any User Generated Content that does not comply with Swiss law or is inappropriate or infringes the rights of third parties, then we will delete it. Feel free to inform us about any such content you find on our website.
- Liability
- i General
We are also not liable for any claims in regards to consequential damages, loss of profit, data transmission errors and lost data. We are only liable for intentional or grossly negligent breaches of contractual and non-contractual obligations for which we are responsible and which have been proven. As far at it is legally permissible, our liability is limited to the amount that we invoiced you for our paid products.
- ii Products provided by third parties and links to third party websites
SSP GmbH shall not be liable for any products or services provided by third parties. We are also not liable for any products or services offered by third parties and do not guarantee that the product or service from a third party is described accurately on our website. Regarding links to third party websites: There are many links to third party websites on our website and we shall not be liable for the content of this third party websites, as it is beyond our control.
- iii Technology and software
SSP GmbH is not liable for any damages caused by computer viruses, spy software, and/or other malicious software, we are also not liable for defective technology. Even though sinoswissportal.com is maintained with care and we do our best to provide a high quality service, it’s possible that our website or some functions on our website don’t work for some time (e.g. due to maintenance, troubleshooting, etc.). You are using sinoswissportal.com on your own risk, we expressly do not give any guarantees regarding the usage of our website. We are not reliable for any consequences of service interruptions.
- iv Content published by SSP GmbH
Any content published by SSP GmbH has been created with utmost care, but we still cannot guarantee the accuracy, completeness and up-to-dateness of the content. Regarding this, we shall not be liable in any way. Some of our content comes from third parties. Any usage of website content is at the risk of the User. Any Users using our content must also make sure that the content is used in compliance with property, copyright and other intellectual property rights.
- v User Generated Content
SSP GmbH is not liable for any User Generated Content on this website.
III.Common and final provisions
- Changes to the General Terms of Conditions and Data Privacy Statement
SSP GmbH reserves the right to change these General Terms of Conditions and Data Privacy Statement at any time. SSP GmbH will publish such changes in appropriate way by. The User is responsible to inform him/herself about the currently valid General Terms of Conditions and Data Privacy Statement on this website and about any changes to those regulations.
- Partial nullity
Should individual provisions of the Terms and Conditions and Privacy Policy be or become ineffective, then this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision which, in terms of its economic and legal effect, comes as close as possible to the invalid provision (only applies if this is permitted by legal regulations that are used for those General Terms and Conditions and Data Privacy Statement).
- Applicable law and jurisdiction
All legal relations between the User and SSP GmbH shall be governed by Swiss substantive law. The exclusive place of jurisdiction for all disputes is Winterthur, Switzerland, which is also the seat of SSP GmbH. This also applies to any disputes related to the Data Privacy Statement. Compulsory courts of jurisdiction remain reserved.
These General Terms and Conditions and Data Privacy Statement come into force on the 16th July 2018.
