Car marketplace AG's service and business conditions for the use of the vehicle valuation

1. Introduction

1.1 In the following paragraphs "Comparis" will be used as short form for the firm, as entered in the official register of companies. "Participants" are all legal or actual persons who use the vehicle valuation as a Comparis service within the scope of this contract. The applicable service and business conditions will be referred to as "SBC".

1.2 These SBC determine the rights and obligations of Comparis and the participant. The regulations of use and all legal information shown on the website are considered integral constituents of the SBC.

1.3 If the participant is not in agreement with these regulations, then he is not permitted to use the vehicle valuation.

2. Implementation, duration and termination of the contract

2.1 The contract with the participant comes into effect when the participant uses the vehicle valuation. The use of the vehicle valuation of Comparis presupposes the registration as a user and the participant's agreement with these service and business conditions. Entitlement to registration as a user does not exist.

2.2 The contract is solely valid for exactly one vehicle valuation and the relevant required input parameters.

2.3 The contract expires one year after the first use, even if Comparis allows the participant access to the comparison beyond this date. The contract will expire prematurely if the participant deletes the comparison.

2.4 Comparis reserves the right to terminate the contract without notice, if the participant violates contractual conditions, abuses the services for illegal purposes or another important reason is to hand. In such a case, Comparis will retain any charges paid.

3. Comparis's service

3.1 Comparis grant the participant the personal, non-transferable, non-commercial right to use the vehicle valuation with the current functionality for the selected vehicle solely via the Internet.

3.2 The vehicle valuation will be saved by Comparis and is available to the participant for 1 year.

3.3 Comparis reserve the right to adjust the services of the vehicle valuation at any time.

3.4 Comparis will fulfill the contracted services within the scope of available financial and personnel resources according to current technical standards.

3.5 Comparis will take all reasonable, appropriate and contemporary precautions to prevent unauthorised access. However, the participant must be aware that the Internet is basically an open system and that abuse by third parties cannot be precluded.

4. Access to the service

4.1 Technical access to the offer is the responsibility of the participant. Access is via Internet through the participant's selected provider.

5. Responsibilities and obligations of the participant

5.1 It is prohibited for the participant to allow third parties to utilise or access Comparis's services. In particular, it is the responsibility of the participant to ensure that third parties cannot access his user name and passwords. The participant is obliged to change his passwords at irregular intervals.

5.2 The participant is responsible for any consequences arising from the use of the vehicle valuation. If there is reason to believe that unauthorised third parties have gained knowledge of identification credentials, then the password must be changed immediately. The participant must check all data he has entered or all data to be transfered for completeness and correctness.

5.3 In case of violation of the above regulations, Comparis reserve the right to block certain areas (e.g. single valuation) and block access to certain areas with immediate effect.

6. Liability exclusions

6.1 Within legal limits, Comparis are not liable for loss or damage, including direct and indirect consequential damage resulting from the use or any further application of information or viewpoints published by themselves or from links to other websites, even if Comparis have been advised of the possibility of such damages. This is applicable in every case (including negligence).

6.2 In particular, Comparis are explicitly not liable for damages resulting from actions, omission of actions or decisions taken by the third parties with regard to the participant. Comparis have no influence on this.

6.3 Other websites can be reached via links from the Comparis website. Comparis cannot guarantee and are not liable for these websites and their contents.

7. No offer

7.1 Information published by Comparis must not be considered as a recommendation or invitation to purchase or sell any products, services or transactions. All information given is without guarantee.

7.2 and the services available on this website are not intended for persons whose place of jurisdiction prohibits access to this website (e.g. for reasons of the participant's nationality or place of residence or for other reasons). Use of the service is not permitted for participants for whom such limitations apply. It is the responsibility of the participant to look into such matters. If the participant uses Comparis's services from abroad, then he should be particularly aware that there could be import and export limitations for the algorithmic codes which he may well be violating.

8. Guarantee

8.1 Comparis make every effort to ensure the service mentioned under item 3 above is accurate and up-to-date; however, they do not make any explicit or implicit guarantees as to accuracy, reliability or completeness. All services, tables, viewpoints, functions, prices and information is without guarantee. Comparis explicitly reserves the right to alter information published by themselves at any time.

8.2 Comparis cannot guarantee that their services are free from interruption, disturbances, viruses or that they function perfectly.

8.3 If there are disturbances in subscribing to or using the services, then the participant has the right to withdraw from the contract, provided he has immediately informed Comparis of the problems in writing and allowed a reasonable length of time for solving them. Any service interruptions which Comparis have intentionally planned and / or executed do not count as disturbances.

9. Fees

9.1 The valid fee for the service provided by Comparis to the participant is published on the website. This fee is inclusive of VAT.

9.2 The participant has the choice of credit card or telephone for settling the fees for the use of the respective service.

10. Copyrights/use of the website

10.1 All information and content published on the Internet by Comparis are protected by copyright, are under the Comparis copyright and are exclusively and entirely the property of Comparis. Comparis explicitly reserves any rights related to this. No rights will be transfered to the participant for software or other elements of accessible information under the Internet address through utilisation, downloading or copying. The same applies for the name Comparis, which is a registered trademark and for any other brands and logos used by Comparis.

11. Concluding conditions

11.1 The ineffectiveness of single items of these conditions does not affect the effectiveness of the remaining conditions. The ineffective condition will be replaced by the valid condition which is closest to the former in its economic implications.

11.2 In case of inconsistencies between the individual contractual documents in the various languages, the German version is final and applicable.

11.3 These SBC's are subject to Swiss Law.

11.4 Place of jurisdiction is Zurich.