These general terms and conditions (GTC) apply to all services offered by 69s.ch (hereinafter referred to as the "portal"). By using our services, you agree to the following terms and conditions in their integrity and without any alteration.
1. Services
The 69s.ch website (hereinafter referred to as the portal) is intended for Users who wish to enter and publish advertisements for services that they offer and provide independently and autonomously from the Portal. The Portal is also intended for Users who visit the Portal to retrieve advertisements for services and to contact Advertisers.
The operating company Cleops GmbH (the operator) makes the portal available to the users. The current scope of functions and services as well as any fees can be found on the portal.
The Operator is entitled to send messages to the Users via e-mail, instant messaging, SMS and other communication channels.
The users, i.e. advertisers and visitors, communicate directly and on their own responsibility, in particular via published contact addresses. The users conclude any contracts in connection with services on their own responsibility. From any contracts between users as well as from any pre-contractual exchange, only the users involved are bound. The fulfillment of the contract is the sole responsibility of the users involved. Information, notifications and other content on the portal serve exclusively to inform the users concerned.
The Operator is neither a contractual party nor a representative of users in connection with services. The Operator does not guarantee that users comply with any contractual or other legal obligations that may exist between them. The execution and / or enforcement of contracts is the sole responsibility of the users involved.
The Operator is not under obligation to monitor the conduct of Users on the Portal. In particular, the Operator is not obliged to review advertisements and other contents of users as a precaution to their legality or other admissibility. The Operator does not assume any liability for advertisements and other contents of Users. In case of uncertainty, users are obliged to check advertisements and other contents of other users themselves.
2. Use
The use of the portal is limited to natural and legal persons who are capable of acting. Natural persons who use the portal must be of legal age, at least 18 years or older. In order to prevent minors from accessing our contents, we have affixed an RTA label to this site, please do follow the tips and setting instructions for different devices at this link.
The Operator may require registration as a user for the use of the portal or for the use of certain functions and services. The Operator is entitled to refuse registration at any time and without giving reasons.
Registration with false or fictitious information is prohibited. Only one registration is allowed for each person.
Users may access the portal exclusively for their own use, including commercial use. Users undertake to use the portal - directly or indirectly - exclusively in compliance with the law in every respect.
Registered users undertake to treat their access data to the portal confidentially and to use it exclusively for themselves. Users are not entitled to provide their access to the portal directly or indirectly to third parties against payment or free of charge.
The Operator is entitled to deny users access to the portal at any time and without giving reasons. If access is denied due to a violation of these GTC, any fees and other costs shall remain owed and there shall be no refund of any fees and other costs already paid.
The portal use may be temporarily as well as partially or completely not possible, especially for technical reasons. Should this be the case, the portal will grant an additional day of free access.
This does not affect the weekly maintenance. The weekly maintenance takes place exclusively during the night and lasts no longer than one hour. The maintenance is to be tolerated without compensation.
3. Listing / Ads
By entering advertisements and other content, users declare their consent to publication on the portal and via any other communication or publication channels of the Operator. Publication also includes contact addresses so that visitors can establish contact. Users grant the Operator a non-exclusive, transferable and sub-licensable right of use, unlimited in time and place, to the content entered, including content protected by trademark and copyright.
The Operator may refuse the publication of advertisements and other content at any time without giving reasons. The Operator may enrich advertisements with metadata and is entitled to adapt advertisements at any time at its own discretion and without consultation, in particular to improve appearance, formatting or readability.
Advertisers undertake to ensure the topicality, quality, accuracy and completeness of advertisements. In particular, advertisements may only refer to services that are actually provided by advertisers. Advertisers bear sole responsibility for all content of advertisements. Advertisers must immediately delete advertisements that are no longer up to date.
Users undertake to enter only advertisements and other content that is legally compliant. In particular, users undertake not to publish any discriminatory, personality-infringing, racist, harmful, criminal, unfair or unsafe content. Advertisements and other content that show genitals, depictions of violence or human excretions or advertise them in any other way are prohibited. Advertisements and other content that show or otherwise advertise sexual acts with minors - including apparently minors and minors in virtual form - or animals, as well as unprotected sexual intercourse, are prohibited. In the case of content that is suspected of being criminal or otherwise unlawful, the Operator is entitled at any time to file a criminal complaint or to take legal action against the users concerned.
Uploading images with watermarks or logos is not allowed in the "model" category.
4. Extraordinary right to terminate the contract
The Operator is entitled to terminate this contract with immediate effect at any time in the event of serious disregard of the rights of use by the user. In particular, the Operator reserves the right to terminate the contract with immediate effect if the customer is more than 30 days in delay with the payment of the fee.
Upon receipt of the termination, all rights of use of the user shall expire. In the event of extraordinary termination, the user is not entitled to a full or partial refund of the purchase price or to compensation for expenses incurred.
5. Limitation of liability
The operator shall only be liable for damage directly caused by his own gross negligence or intentional acts. Any further liability of the operator for direct damages is expressly and completely excluded. Any liability of the operator for indirect and consequential damages, for claims of other users or possible third parties as well as for loss of profit is expressly and completely excluded. Any liability for auxiliary persons is excluded.
Users are expressly and fully liable to the Operator and any third parties, regardless of fault, for all direct and indirect costs and for damages arising from violations of these GTC or in connection with the portal.
The indemnification also includes claims by other users or any third parties. The users concerned shall indemnify the Operator against all claims by other users and any third parties and undertake to bear all costs - including lawyers' fees and court costs - and damages incurred by the Operator in this connection.
6. Privacy and data protection
The Operator is obliged and entitled to disclose the identity of the Customer upon order of courts or authorities. The Operator is entitled to charge the Customer for the expenses incurred in connection with the processing of such an order.
In the event of a potential infringement, the party affected by the infringement must notify the Operator.
The procedure is described in this section.
a) Term definitions:
• Notice: Notification by a data subject that content made available to third parties by a user of the portal is inadmissible.
• Sender: Natural person or legal entity issuing a Notice.
• Affected party: Natural person or legal entity affected by an inadmissible content.
• The accused: natural person or legal entity charged with the infringement of rights.
b) Issuance of a notice: In the event of a potential infringement, the sender or the affected party must notify the Operator of the infringement in the form of a notice. This notice must formally comply with the following form:
• Name of the sender and the person concerned;
• precise URL of the content complained about and exact designation of the content complained about;
• Justification of the affected party's concern;
• in the case of official offenses, naming of the offense;
• Justification of the inadmissibility of the content.
c) Examination of the Notice: The Operator shall examine whether the Notice received complies with the form under Section 6 b). The standard of the legal layman applies to the examination by the Operator.
When examined by the Operator, the viewpoint of a non-legal expert is sufficient for the assessment of the notification.
d) Procedure in the event of a positive review: If the notice meets the formal and material requirements, the Operator will forward the notice to the accused (and a copy to the sender) with the request to remove the infringement or to substantiate the legality of the content complained of in a written statement with appropriate supporting documents to the person concerned and a copy to the Operator within three working days. If there is no reaction from the accused, the Operator will delete the content immediately. If the reaction of the accused allows the conclusion with a high probability that the notice is justified, the Operator will temporarily delete the content until the conflict is resolved. If the reaction of the accused leads to the conclusion with a high probability that the Notice is not justified, the Operator will leave the content until the conflict has been resolved. If an official offense is reported, the Operator will inform the relevant authorities.
e) Procedure in the event of a negative check: If the notice does not meet the formal and material requirements or does not meet them completely, the Operator will request the sender to supplement the notice within a period of three days. If this supplement leads to a positive examination, the Operator will proceed according to section 6 lit. d). If this supplement again leads to a negative review, the notice will not be pursued further.
7. Final provisions
This document is a translated version of the original GTC's. The translations of these GTC's are intended solely as a convenience to the non-German-reading public. Any discrepancies or differences that may arise in translations of the official German versions of these materials are not binding and have no legal effect for compliance or enforcement purposes.
If you have any questions regarding the wording or understanding of this document, please contact us so that we can make the necessary clarifications and possibly adapt this document.
These GTC's are subject to Swiss law.
The invalidity or voidness of any provision of this License Agreement shall not affect the validity of the remainder of the Agreement.
The Operator is entitled to adjust these GTC at any time and without giving reasons. Users will be informed in an appropriate manner about relevant changes to these GTC.
GTC version 1.0.4, 05-07-2022.
Cleops GmbH