1. Introduction
1.1 In the following sections, “Comparis” is used as an abbreviation for the company comparis.ch AG, which is listed in the commercial register. In the following, “Subscriber” is used to describe those Comparis users who have accepted these terms and conditions when registering with myComparis.
These terms and conditions will hereafter be referred to as the “T&Cs”.
1.2 These T&Cs govern the rights and obligations between Comparis and the Subscriber. The terms of use and all legal notices on the website www.comparis.ch are considered an integral part thereof.
1.3 If the Subscriber does not agree with these terms, they cannot use services that require a myComparis registration.
2. Start, duration and termination of the contract
2.1 The contract with the Subscriber is concluded by accepting the T&Cs when registering with myComparis. There is no entitlement to registration as a Subscriber.
2.2 The contract ends with the deletion of all myComparis registrations.
2.3 If the Subscriber violates the contractual conditions, misuses the services for unlawful purposes, creates and publishes advertisements in an untruthful manner, or if another good reason exists, Comparis has the right to terminate the contract without notice and to delete any myComparis registrations. Any fees already paid will be forfeited to Comparis.
3. Access to services
3.1 Technical access to the range of services available is the responsibility of the Subscriber. Access is by means of the internet, via a provider freely chosen by the Subscriber.
4. Duties and obligations of the participant
4.1 The Subscriber is prohibited from making Comparis’ services available to third parties. Specifically, the Subscriber must ensure that their user identification and passwords are not accessible by third parties. The Subscriber must change their passwords at irregular intervals.
4.2 The Subscriber shall bear all consequences arising from the use of Comparis services. If there is reason to fear that unauthorized third parties have gained knowledge of the Subscriber’s identification details, the password must be changed immediately. The Subscriber shall check all data that they enter or transmit to ensure that it is complete and correct.
4.3 In the event of violations of the above provisions, Comparis reserves the right to immediately block areas (e.g. individual comparison) and access to these areas.
5. Creating advertisements on the Comparis website
5.1 The Subscriber may independently create advertisements on the Comparis website. In particular, these may be real estate listings (hereinafter referred to as “properties offered”). The Subscriber has no legal entitlement to publication of the advertisement, in particular if Comparis refuses or deletes the publication on the basis of the content or for legal reasons.
5.2 Specifications for the creation of an advertisement:
Truthful description of the content (no deceptive, misleading, unfair or immoral information). Typographical highlights (for example several exclamation points in a row) and the use of emojis, etc. are not permitted.
The property offered must be available.
Personal, copyright, property and other rights of third parties must be observed; the Subscriber assumes full responsibility for this.
The use of fee-based internet or telephone services and other paid registrations for viewing or receiving the property are not permitted.
The information used (property details, image data and videos) must be related to the property in question and must not be symbolic images.
The advertisement must not be used for purposes that indicate a service provided by Comparis.
The image data, videos, links and other technical information used must not contain viruses, harmful content or other malicious software.
Advertisements for paid provision of the offered property as temporary accommodation (holiday apartments, hotels, or guest accommodation) are not permitted.
5.3 The properties offered must be located in Switzerland. Comparis may request proof of ownership from the Subscriber at any time, if the Subscriber offers the property for sale as the owner; or, if the Subscriber offers the property as another type of beneficiary (e.g. tenant), they may be asked to provide proof of authorization. If the Subscriber is unable to provide this proof, Comparis may demand a contractual penalty from the Subscriber. Comparis reserves the right to claim further damages.
5.4 Even with the publication of the advertisement at Comparis, the responsibility for the content remains entirely with the Subscriber. Comparis assumes no responsibility for the content. Comparis can correct spelling errors without the consent of the Subscriber. If the Subscriber changes the content of the advertisement or wants to republish it, the changes must be reviewed and approved by Comparis. Until the changes have been approved by Comparis, the advertisement will in principle remain in its original form.
5.5 If a property offered is sold or rented, the Subscriber must delete or deactivate the advertisement themselves. Comparis is not responsible for this. Comparis reserves the right to deactivate listings after 40 days. Comparis may also block or delete an advertisement if the Subscriber does not comply with the requirements of these T&Cs.
5.6 Subscribers who are subject to legal restrictions for the publication of advertisements (e.g. domicile abroad) are not permitted to publish advertisements on Comparis.
6. Disclaimers
6.1 To the extent permitted by the law, under no circumstances shall Comparis be liable (including negligence) for any loss or damage, including direct and indirect consequential damages, that may arise from the user’s access to, utilization of, or any further use of the information and views published by Comparis, or from links to other websites, even if Comparis has been advised of the possibility of such damages.
6.2 In particular, Comparis is expressly not liable for damages resulting from acts, omission of acts or decisions made by third parties in relation to the Subscriber. Comparis has no influence on this.
6.3 Furthermore, Comparis assumes no liability for the content of the advertisements created by the Subscriber themselves, in particular in relation to property details, pictures, videos, texts, map sections, financial details, information on value, personal data, etc. Comparis does not check the accuracy and completeness of the advertisements created by the Subscriber. The Subscriber ensures that no software or material containing viruses or other harmful content is used in the creation of advertisements. Otherwise, Comparis is liable for all damage caused by it in connection with the publication of the advertisement.
6.4 Other websites can be reached from the Comparis website via links inserted by Comparis. Comparis cannot assume any guarantee and/or liability for these websites and/or their content.
7. No offer
7.1 The information published by Comparis does not represent a recommendation or an invitation to buy or sell any products, services or transactions. All information is provided without liability.
7.2 www.comparis.ch and the services provided on it are not intended for persons who are subject to a jurisdiction that prohibits access to this website (e.g. due to the nationality or residence of the Subscriber in question, or for other reasons). Subscribers to whom such restrictions apply are not permitted to use the service. It is up to the Subscriber to obtain information in this regard. If the Subscriber uses the services of Comparis from abroad, they in particular take note of the fact that there may be import and export restrictions for the encryption algorithms, which they may violate.
8. Guarantee
8.1 Comparis makes every effort to ensure that its services are accurate and up to date. However, Comparis cannot explicitly or implicitly assure or guarantee that its services are correct, reliable or complete. All services, tables, views, functions, prices and other details are subject to change. Comparis expressly reserves the right to change the published information and services at any time.
8.2 Comparis cannot guarantee that the services offered will be provided without interruption, interference, virus or errors in functioning.
9. Fees
9.1 Certain Comparis services are subject to a fee. Paid services are marked as such, and the Subscriber is informed of the costs and the applicable fees before using these services. These fees include VAT.
9.2 Fees are payable before the use of a paid service. The Subscriber can usually pay these fees via credit card or telephone.
10. Copyright, use of the website, prohibition of republication
10.1 All information and content published by Comparis online is protected by copyright, is subject to the copyright of Comparis and belongs exclusively and comprehensively to Comparis. Comparis expressly reserves all rights in this regard. No rights whatsoever to software or other elements of the content of the internet address www.comparis.ch or to other content are transferred to the Subscriber through their use, downloading or copying of that content and information. This also applies to the Comparis name, which is a registered trademark, as well as to other trademarks and logos used by Comparis. The Subscriber expressly agrees not to copy, publish or make available in any form the content and information provided. For each republication, the Subscriber must obtain the written consent of Comparis without exception.
10.2 Information and content to which the Subscriber or a third party has copyright or trademark rights in the context of the Subscriber creating an advertisement are reserved. By uploading or creating the advertisement, the Subscriber explicitly confirms to Comparis that they created the information and content themselves, or have the necessary rights to do so. In the event that Comparis is taken to court by third parties due to the infringement of copyrighted content, the Subscriber undertakes to indemnify Comparis in full against all claims and costs (including legal and procedural costs) and to pay damages.
10.3 By registering and publishing an advertisement, the Subscriber grants Comparis the right to display the advertisement on www.comparis.ch and to use and reproduce all components of the advertisement (including all information contained therein) in their entirety or individually on company accounts managed and maintained by Comparis, as well as in the case of related online services, apps or other media channels operated by Comparis. Comparis has no influence on the fact that the content and information of the advertisement may be used by third parties for their own marketing and other purposes. This applies in particular to links or other references to the advertisement (pushing, commenting). By publishing the advertisement, the user agrees that it is not exclusively created and published for Comparis, but can also be used on and integrated into Comparis partner platforms or similar services.
11. Final provisions
11.1 The invalidity of individual points of these terms and conditions does not affect the validity of the remaining provisions. An invalid provision shall be replaced by the valid provision which is closest to the invalid provision in terms of its economic effects.
11.2 In the event of contradictions between different language versions of the contractual documents, only the German language version shall prevail.
11.3 These T&Cs are subject to Swiss law.
11.4 The place of jurisdiction is Zurich.
11.5 Comparis reserves the right to change these terms and conditions at any time. The current version shall apply and previous versions shall be replaced by the new version.
Information correct as at February 2024