General terms of use of moneyhouse.ch
October 2008 version
1. Scope
With moneyhouse.ch, itonex ag (subsequently referred to as moneyhouse) operates an information platform for commercial register and company data. The present terms of use regulate the contractual relationship between the customers (subsequently referred to as customer) and itonex ag with respect to the use of the services (subsequently referred to as services) provided by moneyhouse.ch.
The use of certain services at moneyhouse.ch may be subject to additional special terms of use.
The use of the websites linked to or integrated into moneyhouse.ch is subject to the respective terms of the operators of those websites.
By using the services provided by moneyhouse.ch, the customer accepts the present terms of use.
2. Services by moneyhouse
Content of moneyhouse.ch
moneyhouse.ch provides the customer with various services such as commercial register data, credit rating information, monitoring etc. moneyhouse is unrestricted in terms of the organisation of moneyhouse.ch and may amend, extend or suspend existing services at any time.
Access
moneyhouse.ch and the services offered therein are generally available to everyone free of charge. Individual services may be declared subject to a charge and be dependent on a prior purchase order by the customer.
Registration
The customer has to register in order to use certain services at moneyhouse.ch. The registration is free of charge. The customer guarantees that the data he/she has provided is both truthful and complete. Any amendments of this data must immediately be reported to moneyhouse. The customer explicitly guarantees not to register more than once or to make the access to the individual services available to other persons through his/her registration.
Data security and support
moneyhouse takes the relevant economically reasonable, technically feasible and relative measures to safeguard their data and services.
3. Customer’s obligations
Legitimate use
The customer undertakes not to use the services offered by moneyhouse.ch improperly and to refrain from unlawful acts. The customer acknowledges that the contents and information accessible via moneyhouse.ch (incl. graphics, logos, cards etc.) as well as the design of moneyhouse.ch are legally protected. They may only be used in the shape and form that has been explicitly approved by moneyhouse or third-party providers, or with the explicit consent of the respective beneficiary.
Obligations to co-operate and to refrain from
The customer is responsible for the availability of Internet access and the required hardware and software components with the respective configurations. The customer undertakes to report illegal offers of information or the improper use of such information immediately to moneyhouse.
Access protection
The customer is responsible for the careful safekeeping of his/her user name and password. He/she shall ensure that information regarding these is not accessible and shall change the password at irregular intervals, in particular in the event of signs of misuse by unauthorised persons.
4. Use of monitoring
moneyhouse provides its customers with various services for the monitoring of companies, persons and industry sectors in the commercial register.
With its monitoring service moneyhouse compares how amendments to commercial register data correspond to the companies, persons and industry sectors that the customer has provided. The customer acknowledges that for technical and provider-based reasons the monitoring does not always result in a match and subsequently lead to a notification of the customer.
5. Use of the credit rating information
The customer has the option of purchasing credit rating information on companies listed in the commercial register from moneyhouse.ch; such information is subject to a charge. The credit rating information is provided by partner companies and made available to the customer via moneyhouse.ch. moneyhouse accepts no responsibility for the content of such credit rating information.
The provision of the credit rating information is made on an ‘as is’ and ‘as available’ basis. Unless explicitly stated, moneyhouse excludes any guarantee, in particular with respect to the data being complete, up-to-date, utilisable or suitable for a specific purpose pursued.
moneyhouse assumes no liability for any possible losses or damage that may arise as a result of the conduct of moneyhouse or third parties during the provision, listing, collection, interpretation, reporting or other services.
6. News
Any use of the news in another way and other than for the purposes of the internet site www.moneyhouse.ch, requires the written consent by moneyhouse. The news or extracts thereof must explicitly not in any form be copied, reproduced or disseminated.
7. Data protection
Protection of personal data
moneyhouse observes the provisions of Swiss Data Protection Law when collecting and processing personal data.
Processing data that has been made anonymous
In order to provide services in line with the market, the customer accepts that moneyhouse is permitted to collect and process the master data, the order data and the data on the use of moneyhouse.ch (variable data) for market research, advisory and advertising purposes. moneyhouse may make such data anonymous and synchronise these with third-party user information; it may create user statistics and disclose these statistics to third parties.
Circulation of personal data
Personal data shall only be passed on to partners, sponsors or other third parties if the customer has given his/her explicit prior consent.
Cookies
When using the Internet, cookies are used for navigation purposes. This technology is also employed by moneyhouse in order to facilitate serving its customers with appropriate information. A cookie recognises the customer and ensures that he/she is automatically provided with information from the same or similar subject areas as before.
8. Interruption of service
Responsibility of moneyhouse
moneyhouse is responsible solely for its own computer and line system and the services it offers (subsequently referred to as system); it is, however, not responsible for third-party services, which are required for the provision of access to the Internet as well as the accessibility of websites.
Service interruptions and breakdowns
Although moneyhouse strives to provide the highest possible and uninterrupted availability of its system, interruptions and breakdowns cannot be eliminated. moneyhouse shall rectify technical breakdowns as soon as possible. Interruptions in order to rectify breakdowns, to carry out maintenance work or to implement new technologies etc shall be kept brief; wherever possible moneyhouse shall schedule such interruptions for off-peak periods. The customer shall report any possible system failures or breakdowns as quickly as possible to moneyhouse.
The customer shall bear the costs for the repair of breakdowns if he/she has requested the support of moneyhouse and/or if the cause of the breakdown has resulted from defects or errors in operating the equipment he/she has used.
Measures at the customer’s facilities
In order to prevent or rectify breakdowns, the customer shall grant moneyhouse the right to take the required measures on his/her systems and equipment at any time. He/she shall make the required provisions upon the first request by moneyhouse; if need be he/she shall modify his/her equipment at his/her own cost.
9. Guarantee and liability
Policy
moneyhouse accepts no customer or third-party liability for the non-fulfilment or default of the contract, unless this was due to intent or gross negligence.
moneyhouse does not guarantee the provision of uninterrupted service, the provision of service at a certain point in time or the completeness, authenticity and integrity of the data stored or transmitted via its system or via the Internet. In addition, no liability is assumed for the accidental disclosure, damage or deletion of data that is sent or received via its system or stored on it.
Consequential damage
moneyhouse is liable neither to the customer nor to the customer’s contractual partner for any third-party claims or claims for damages. In particular it assumes no liability for losses or damage resulting from the loss of data or from the inability to gain access to the Internet or to send/receive information, caused by delays, failure or interruptions of the services provided by moneyhouse.
Third-party damage
moneyhouse is not liable for damage inflicted on the customer through third-party misuse of the connection (including viruses). The respective providers are solely responsible for the availability, correctness and expedience of the information and services available on the Internet. In particular, moneyhouse assumes no responsibility for contractual or other relationships between the customer and Internet providers of goods and services, which have been established via the Internet.
Service interruptions
moneyhouse assumes no liability for service interruptions that serve the fault repair, maintenance, and implementation of new technologies or similar purposes. moneyhouse guarantees neither the access to its systems at any time nor the uninterrupted and failure-free operation of the system.
Customer’s liability
The customer is liable to moneyhouse for damage that has resulted in any form from the non-fulfilment or default of his/her contractual obligations, unless he/she is able to prove that it was not due to his/her own fault.
Indemnity of moneyhouse
The customer undertakes to indemnify moneyhouse from all third-party claims resulting from the illegal or improper use of moneyhouse.ch. This indemnification also includes the obligation to completely indemnify moneyhouse from any legal expenses (e.g. court and solicitor’s fees).
10. Invoicing
The customer is invoiced for services that are subject to a charge. The respective payment obligations arise from the contract. Invoices are payable within 30 days.
Termination of use
The customer may terminate the use at any time and with immediate effect. He/she is to notify moneyhouse respectively. moneyhouse shall confirm the termination of use in writing to the customer.
11. Supplementary provisions
Amendments to the terms of use
moneyhouse may amend the present terms of use as well as the special terms of use at any time. The amended terms are valid with effect from their publication on moneyhouse.ch. With the continued use of the services, the customer accepts the amended terms of use.
Access block
moneyhouse is entitled to block the customer’s access to the services offered by moneyhouse.ch without prior notice, if he/she defaults the payment of invoices or if he/she violates the present terms of use.
Severability
Should one or several provisions be void or invalid, this shall not affect the validity of the remaining provisions. In this case moneyhouse shall replace the void provisions with legitimate provisions that are as close as possible to the economical purpose.
Place of jurisdiction
The place of jurisdiction is Baar
For customers with a foreign place of residence or business location, Baar shall be the place of enforcement and the exclusive place of jurisdiction for all proceedings.
Applicable law
Swiss law shall be applicable.