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Terms and Conditions – clickLodge

 

General terms and conditions for online advertising order of clickLodge Inc., Uetlibergstrasse 204, Postfach, 8045 Zürich, hereunder called “clickLodge”.

 

 

§ The relationship and any contract concluded with clickLodge or under the solicitation of clickLodge shall be governed by the material laws of Switzerland. In case of dispute, clickLodge and its customers shall be submitted to the exclusive jurisdiction of the Court of Zurich, Badenerstrasse 90, 8004 Zurich.

 

 

§ 1 General terms

 

“online advertising order”, according to the general terms and conditions, is the contract about the distribution of one or several means of advertising of a client or other interested parties over the internet within the clickLodge network.

 

For the handling of the online advertising orders the general terms and conditions, as well as the currently valid price list – if existing (at the moment all services are free), are to be applied exclusively. These Terms and Conditions regulate the use of the services of clickLodge. The general terms and conditions of the clickLodge clients or third parties do not apply, even if clickLodge does not explicitly contradict and/or does not provide the services without contradiction. Services by third parties are distinctly marked on the website. In such cases the terms and conditions of the third party apply.

 

 

§ 2 Conclusion of contract and Conditions of Acceptance

 

An online advertising order between the client and clickLodge comes into being only with the written confirmation via email, at the latest with the appearance of the advertisement on the website. Insofar as advertising agencies place orders, an agreement is concluded with the particular agency, except when otherwise stipulated. Insofar as clickLodge uses third parties to provide their offered services, the third parties do not become trade partners with the clients.

clickLodge reserves the right to accept or decline advertising orders even after conclusion of contract for legal, ethical or related reasons. This also applies to online advertising orders which were not handled by clickLodge but placed by its agents or other receiving offices. The client has the right to be informed of the reasons of rejection. If the client is not able to provide a revised advertisement compliant with the requirements of clickLodge, the client has the right to refund of paid services. Raising other claims is explicitly excluded.

clickLodge also reserves the right to postpone the date of appearance of the advertisement on the website due to technical or other reasons. By using the offered services of the clickLodge website, the registered user consents to be bound by these terms. Users who do not consent to these terms and conditions, are not allowed to use the services of clickLodge. clickLodge reserves the right to amend their terms and conditions at any given time. The amended terms will be effective at time of use. This applies also to the frequent users.

 

 

§ 3 Object of Agreement/Concepts

 

(1)  The internet portal wants to offer an internet platform, which brings together those who seek and those who offer accommodation, especially in flat-sharing communities. What is more, the website offers additional services concerning flat-sharing communities, rooms and living space.

(2)  The offer of the website aims at users which are consumers in the following sense: consumer is any natural person who signs a contract with the purpose that can neither be attributed to commercial or independent professional actions. For “commercial advertisers” there is an assigned area. Their advertisements will appear as such. Commercial advertisers belong to the group of clients mentioned in §7.

(3)  Only natural persons capable of acting in terms of Art. 13 ZGB (Swiss Civil Code) can make use of the offer.

                                                                                      

 

§ 4 Services of clickLodge

 

The range of the agreed services consists of the online advertising order. clickLodge guarantees the client the best possible rendering of advertising media according to the prevailing technical standards. The client, however, is aware that according to the technical status it is not always possible to develop an error-free program.

The agreed advertising media will be placed on a mutually agreed location on the website. If there is no agreed space, the ad will be placed according to the judgment of clickLodge and under the consideration of the assumed interests of the client. clickLodge reserves the right to extend, change and improve the services. It is principally impossible to exclude clients’ competitors. If announced, services free of charge can be cancelled or offered for a consideration at any given time. Entitlement to reduction, refund or damage is not possible.

For contracts made through negotiation or the website of clickLodge, agreements (e.g. tenancy agreement) are valid only between the said parties. clickLodge does not assume any contractual obligations, nor does it pledge promise of warranties or guarantee of property. We assume no liability in this area. The conditions of exclusion of liability are as follows.

 

 

§ 4.1 Disclaimer

 

Terms of use and exclusion of liability

 

The use and access of this website/webpage are subject to the terms of use as well as the relevant laws and regulations set forth hereunder. By accessing any part of the clickLodge website, the user agrees to use this website in accordance with and subject to these terms, and consents to be bound by these terms:

 

If not indicated otherwise, the contents of this website/webpage are property of clickLodge – including, but not limited to the text, the pictures as well as the arrangement of the pictures. This does not apply to the contents of third parties to which the links on the website refer. When in doubt, the copy rights reside with the owners of the website/webpage to which the link refers. All contents on the website/webpage or references to it, which are marked with trademark, service marks and protective rights, are property of the respective holder of rights.

 

The contents of this website/webpage can in no ways be interpreted to the extent that these contents implicitly transfer, through legal effect or any other way, a license or a title of a copy right, patent, trademark or other protective rights by clickLodge or a third party. Without the previous written agreement of clickLodge, neither the website/webpage nor the provided contents contained on the website (especially the graphics, audio and video sequences, html-codes, buttons and text) are allowed to be copied, reprinted, published, forwarded, transferred or distributed in any way.

 

 

§ 5 Responsibilities of the Client

 

The client is responsible for the materials of the advertisement. Graphics and videos need to have the agreed type and size in order to fit the screen display. clickLodge will not be liable for the submitted material and, in particular, is not responsible for storing it or sending it back to the client.

The client is to examine the advertisement immediately on appearing on the website/webpage and report any errors within three working days after its first appearance. Once this period expires, we assume that the advertisement as well as the way it is published are approved.

Under reserve of other agreements, the client is responsible to pay the agreed fee at due date, according to the current valid prices, in addition to VAT. If the client does not deliver within the specified time and, as a consequence, the online advertisement cannot be published at all or in due time, clickLodge is entitled to the payment of the agreed fee.

The user dispenses clickLodge from all claims of third parties, which could be asserted due to the breach of these terms towards clickLodge. The user is obliged to refund all expenses, in particular, the expenses of legal persecution. In addition, the user is obliged to supply clickLodge with all necessary documents and information, which are necessary for the exercise of their interests.

clickLodge is to be dispensed from all claims on first request, i.e. the user cannot claim his own rights on demands against the third party. In the same way he cannot claim the right to make public the contents belonging to the case. Objections by the user against the claims of the third party will not be heard and cannot be claimed towards or against clickLodge.

It is prohibited to use the data contained in the website for the purpose of spamming. clickLodge reserves the rights to claim damages (including immaterial damage) from users who utilize the data on the website for the purpose of spamming. Any actions with the purpose of negatively affecting the function of the website or at least impeding its use in any way are prohibited, and will be persecuted. In particular, interference which affects the physical and logical structure of the internet portal, are not allowed.

Users commit themselves to keep their access data secret and to protect the data from the access of strangers. The users are liable to persecution for the illegal use of the internet portal for which they are responsible of. The users are obliged to immediately report to clickLodge if they suspect that their access data are misused by third parties.

The users tolerate that the personal data on the website can be selected by search engines, e.g. google.com or yahoo.com. clickLodge cannot prohibit this process of filtering out data by search engines. Moreover, this contradicts the interests of the website, since search engines enable clickLodge to reach a wider circle of interested parties.

The users agree that clickLodge can use the data for marketing analysis. If permission has previously been obtained, personal profiles and personal data can be published or passed on, and clickLodge can use the user profiles for further business activities.

 

 

§ 6 Copy Rights/Licenses

 

The user entitles clickLodge to integrate the advertisement in other contents in any other way, and to use it for clickLodge advertising purposes. The user entitles clickLodge in advance to edit the advertisement. The user renounces in advance any injunctive relief and compensation claims due to copyright violations against third parties.

 

 

§ 7 Commercial User of the Internet Portal

 

  1. Any immediate or indirect commercial or freelance use of the internet portal is only allowed within the foreseen scope. Excluded are estate-agents. Estate-agents according to these Terms are: a) middlemen and authorized person, i.e. persons who carry on a trade in the sense of working on commission as well as other “commercial estate-agents” who fall under the category of other commercial estate agents, particularly operators of so-called “accommodation lists” and data base. b) other commercial placement officers and similar providers: in this category belong placement officers and similar providers that are active commercially. Excluded are flat-sharing communities, and real estate developers and apartment co-operations.
  2. It is prohibited to directly or indirectly display so-called toll charging numbers (e.g. 0900, 0180X, 190X, 11XXX) or to allude to them in any way, either by directly displaying or announcing a phone service, an email or other forms of notification. The same terms apply to fax numbers.
  3. In case of a breach, clickLodge is entitled to get information from the user about the amount of their profit gained from the toll-charging numbers. The user presently allows clickLodge to get information directly from the telecommunication provider. clickLodge explicitly reserves the rights to claim damages. This can also mean immaterial damage (loss of image).
  4. It is prohibited to place advertisements that directly or indirectly raise agency commissions, broker’s commission, call charges or other costs and charges. It is also prohibited to place advertisements that serve a commercial purpose.
  5. If commercial advertisements are placed without clickLodge’s agreement, clickLodge claims the right to delete them immediately. The users who conduct trade will have to pay an adequate compensation customary to that place for each advertisement and each day the advertisement appears on the website, plus contractual penalty that corresponds to five times the adequate compensation customary to that place, plus the additional valid VAT. For the fixation of the rate of the adequate and customary in the place compensation, we can draw on print media with an equal grade of achievement (= number of visitors).
  6. Insofar as a claim of compensation is due to clickLodge by a commercial user, clickLodge is entitled to withhold any claims of return services to the said commercial user until the complete recompense of the due claims are met.
  7. In the even of a change of the rate of sales tax (VAT), clickLodge is entitled to amend the claims accordingly. This applies also to the so-called continuing obligation, e.g. advertising contract.

 

 

§ 8 Terms of Payment

 

The invoice for the services of clickLodge will be raised on the day the advertisement first appears on the website or at the latest by the end of the month in which the advertisement appeared. The usual method of payment is PayPal or credit card. If no advance payment has been agreed upon, the invoice needs to be met without deduction within ten working days after it was issued.

Cancellation of an order by the client is principally possible and must be done in written form, as an email. If the cancellation is made up to 4 weeks before the start of the campaign, no cancellation fee will be charged. There will be a handling fee for cancellations made up to 1 week before the start of the campaign. For cancellations made within a week before and during the campaign an expense allowance of 30% of the net booking of the particular order will be charged.

If the client is in delay with payments or respite, interest on account of delay and collections of debts will be made. clickLodge reserves the right to claim a further amount of damage. If the client is in delay, clickLodge can withhold the execution, or the further execution respectively, of the pending order until payment is made.

clickLodge reserves the right to modify advertising rates. The current rate is effective at the time of issuing the contract. Once clickLodge has approved online-orders, the rates can only be modified if clickLodge announces it a month before the start of the campaign. In case of increasing rates the client has the right of withdrawal. This must occur within five work days after receiving notification of price increase.

Advertising agents (also advertising agencies) commit themselves to adhere to the advertising rates of clickLodge in their offers, contracts and bills with third parties.

 

 

§ 9 Protection of Privacy

 

(1)  clickLodge protects the privacy of its users. The personal data of the user (name, address, phone number) will be treated confidentially and third parties will only have access within the limits of the data protection act.

(2)  The user agrees to pass on the submitted information to third parties, with the exception of the personal data (name, address, phone number), given the user was informed on conclusion of contract, meaning upon registering. The data can possibly be used for marketing purposes, advertising or other sales promotions.

(3)  clickLodge owes its existence to promotional partners. If the user does not wish their data to be circulated, they can choose not to make use of the services offered by clickLodge.

(4)  clickLodge points out that the data of their users are handled electronically. In particular, it is permitted by law to store the IP address (definition: a series of numbers uniquely identified by a computer in a so-called IP network. By means of the IP address the data of a user, such as name, address, provider, can be identified).

(5)  clickLodge reserves the right to use anonymised data of users for statistical purposes. This serves the guarantee of quality as well as possible sales promotion.

(6)  By termination of the use of a service liable to registration, the personal data (name, address, phone number) will be stored for further use of the internet website. The users can delete their personal data (name, address, phone number) at any time on the website or by sending an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

(7)  clickLodge reserves the right to release the data to telex services (TDDSG) (so-called inventory data) for offices of criminal persecution and courts for the purpose of tracing offenders.

(8)  The user reserves the right to be contacted by email about innovations and changes of clickLodge.

 

 

§ 10 Liability

 

clickLodge awards damages only in the event of deliberate action and gross negligence. clickLodge as well as its representatives or vicarious agents are only accountable for damages, particularly in the event of delay or non-fulfillment, misperformance or unlawful actions, in case of a breach of essential contractual obligations. Essential are obligations, whose fulfillment was guaranteed to the client. Liability due to gross negligence is limited to the foreseeable damage common in such situations.

clickLodge is not liable for technical breakdown as well as breakdowns that are beyond the control of clickLodge. clickLodge is only liable for direct damages, but not for indirect damages and/or lost profit, either on the side of the client or a third party. clickLodge is in no case liable for a bigger amount of damage than the net invoice amount of the client. The client takes on the responsibility for the advertising. He is particularly responsible that the advertising conforms to the laws and regulations of press and competition. The clients ensure that they are the owners of all user rights necessary for the distribution, or that they acquired such rights, i.e. rights of authority, trade, protection services, personality and other rights, and other rights for documents provided or used by the client (e.g. text, photos, graphics, files, audio and video tapes). The client releases clickLodge from all claims of third parties that can arise from partial or full execution of the order.  

 

 

§ 11 Terms of Termination

 

(1)  clickLodge explicitly reserves the right to modify or end particular services of the website or the website as a whole. clickLodge explicitly reserves the right to launch or adapt certain services and make them liable for costs. In such cases the user will be informed specifically and will have to accept the new terms by way of an express statement.

(2)  The user has the right to terminate the contract at any given time without giving reasons.

 

§ 12 Final Clauses

 

(1)  The eventual invalidity of a provision of the terms and conditions does not interfere with the remaining regulations of these terms and conditions. Invalid provisions are to be replaced with those closest to the intended economic sense and purpose of the regulation. The same applies to possible loopholes in a contract.

(2)  The relationship and any contract concluded with clickLodge or under the solicitation of clickLodge shall be governed by the material laws of Switzerland. In case of dispute, clickLodge and its customers shall be submitted to the exclusive jurisdiction of the Court of Zurich. The UN Convention on contracts for the international sale of goods (CISG) or other international laws are not applicable here.

(3)  If according to the code of commercial law the user is a sales person, a juridicial person/body corporate of public law or public fund assets, the local jurisdiction of the seat of clickLodge is bindingly stipulated in Zurich.

(4)  The terms and conditions of the client that contradict the term and conditions of clickLodge do not affect the user relationship, because clickLodge does not accept them. If the user does not agree with this regulation he is free not to enter the user relationship.

 

Zurich, 15th November 2007

 

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