General Terms and Conditions
These terms & conditions for Switzerland regulate the relationship between you, as a user of the Hinster app, as well as the Hinster.com and Hinsterapp.com websites, as well as through any other method of communication (i.e. telephone, e-mail, fax, etc.) and Add Link Solutions Sàrl.
THE ESSENTIALS :
Add Link Solutions Sàrl, Chambésy, Switzerland, is operating under the name « Hinster » in the form of the Hinster App, Hinster.com and Hinsterapp.com, and offers services for the management of digital data. The use of Hinster is free of charge.
1. AREA OF APPLICABILITY
These General Terms and Conditions for Switzerland (“GTCs”) shall govern the agreement between you, the user of Hinster via App, the Website, as well as any other form of communication (such as telephone, e-mail, fax, etc.).
These GTCs shall also apply for all future servitude and business relations between you and Hinster, unless other General Terms and Conditions have been explicitly agreed upon in the interim.
When using Hinster, you may be using services provided by other vendors simultaneously (such as network, mobile communication providers, etc.). The use of such services is subject to the General Terms and Conditions of the potential aforementioned providers.
Hinster is a business service that manages digital data and communication between professionals. IT is provided via the Hinster app, Hinster.com and hisnterapp.com. The use Hinster is subject to registration on Hinster.com. The registration is also free of charge.
3. ACCEPTANCE AND AMENDMENT OF THESE GTCS
By registering with Hinster, you explicitly agree with and consent to these GTCs. Deviating and/or supplementary provisions require the explicit consent of Add Link Solutions Sàrl.
These GTCs shall be valid in its current versions at the time of registration. You shall agree to these GTCs for the duration you are using Hinster. You may access a current version of these GTCs at any time, either in the Hinster App, or online at Hinster.com.
Add Link Solutions Sàrl. is entitled to amend these GTCs at any time. In the event the GTCs are amended, you will be notified via App, in writing, via e-mail or in another suitable manner. If you do not agree to the amendments, you may terminate the user and business agreement with Hinster anytime free of charge. If you continue to use Hinster upon effectiveness of the GTCs amendment, the GTCs shall be considered agreed upon and binding.
If you violate the provisions outlined in these GTCs, your right to use Hinster shall expire automatically.
4.1. REGISTRATION, USE, AND DELETION
In order to use Hinster, you must register. By registering you are entering a user and business agreement between you and Add Link Solutions Sàrl, for which the details are governed in this GTCs. Add Link Solutions Sàrl. shall grant you the right to use Hinster for the duration of the user and business agreement.
When registering with Add Link Solutions Sàrl., none of your existing contracts are subject to change. Hinster shall only act as an insurance broker on your behalf, if you explicitly instruct and authorize Hinster to do so (see number 4.4 below).
If you have entered a contract with Add Link Solutions Sàrl, it will also be terminated upon the termination of the user and business agreement with Hinster (regarding Hinster). Vice versa, terminating a contract with Add Link Solutions Sàrl shall also result in the automatic annulment of the user and business agreement.
4.2. YOUR OBLIGATIONS
You are obligated to state the information requested during the registration process accurately and in a truthful manner, as well as update this information in the event that changes occur (e.g. address, telephone number, e-mail address, etc.). If Add Link Solutions Sàrl. should suspect incorrect or incomplete information, it may block or terminate your access to Hinster at any time. An entitlement to a user account or the use of Hinster does not exist.
You agree to use Hinster, the services offered herein, as well as the software used by Hinster only for the appropriate purpose. Hinster serves to allow the use of services offered by Add Link Solutions Sàrl. You may not change, process, license, link with other software, integrate in your own services or otherwise utilise Hinster, the services offered herein and/or the software used by Hinster (or parts thereof) or use Hinster, the services offered herein and/or the software used by Add Link Solutions Sàrl. (or parts thereof) for illegal or immoral purposes.
You are responsible for the safekeeping of your access data (login, password, etc.) and you must keep this data confidential. Hinster considers each act executed requiring the disclosure of your access data as an act performed by you. If you suspect misappropriation you must notify Add Link Solutions Sàrl. immediately. you must take appropriate precautions to protect and secure your data that you enter in Hinster at all times. This concerns, for example, data that you enter in Hinster, upload, store, or send to Hinster in any form, or that Hinster sends you or makes accessible to you in Hinster. You must save this data accordingly on a regular basis, taking possible risks into account and create your own backup copies. Hinster assumes no liability for this.
If Hinster expressly prompts you to print certain information or documents, you are bound to print this data or documents and store them so that they are accessible to you at all times.
4.3. RIGHTS RESERVED BY ADD LINK SOLUTIONS SARL
Add Link Solutions Sàrl. may perform Hinster updates without prior notification at any time. Add Link Solutions Sàrl. is entitled to discontinue and/or change Hinster (as well as other corresponding Add Link Solutions Sàrl. services), or block/delete your access to Hinster, especially if you violate these GTCs.
Add Link Solutions Sàrl. may revoke the right that was granted to you to use Hinster at any time and without stating any reason.
All contents featured on Hinster, such as texts graphics, logos, images etc. are protected by the intangible property copyrights of Add Link Solutions Sàrl. or third parties whose use of Hinster is licensed. The user and business agreement with Add Link Solutions Sàrl. and/or the use of Hinster does not represent an entitlement to its rights.
Add Link Solutions Sàrl. may reject entering a broker authorisation with you at any time. Add Link Solutions Sàrl. is entitled to revoke your right to use Hinster at any time and without stating a reason.
4.4. METHODS OF COMMUNICATION AND CONSENT TO RECORDINGS
Generally, all communication through Hinster takes place electronically (e.g. via messaging and notifications in the App, e-mail, etc.).
You acknowledge that data transferred via the Internet or e-mail is, generally, accessible to anyone. Add Link Solutions Sàrl. cannot guarantee the confidentiality of such data. Data may be lost during transmission, or changed or accessed by unauthorized third parties.
You hereby grant Add Link Solutions Sàrl. permission to record and store your activities in Hinster. If you do not agree, please notify Add Link Solutions Sàrl. The contact email is firstname.lastname@example.org. In this case, however, Add Link Solutions Sàrl. will no longer be able to provide the services offered to you through Hinster.
5. COSTS AND COMPENSATION
Your use of Hinster is free of charge. Depending on how you access Hinster, you may incur third party connectivity costs (costs imposed by in the Internet or telecom provider for Internet use, roaming, etc.). You are responsible for covering these costs.
6. LIABILITY LIMITATION
Add Link Solutions Sàrl. strives to provide up-to-date and accurate information in Hinster, but does not provide an explicit or implicated guarantee or assurance as to their timeliness, accuracy, reliability or completeness.
Add Link Solutions Sàrl. strives to make Hinster accessible to you in the best possible manner. However, Add Link Solutions Sàrl. cannot guarantee that you are able to access Hinster at all times. Add Link Solutions Sàrl. is not liable for any failures or disruptions of Hinster due to technical reasons (such as faulty hardware, software, maintenance, etc.), or for circumstances beyond the control of Add Link Solutions Sàrl. (such as force majeure, third party intervention, etc.).
Add Link Solutions Sàrl. is not liable for loss of data or any consequential damage from it. Please also observe your duty to regularly backup your data (para. 4.2).
Add Link Solutions Sàrl. is only liable for gross negligence and wilful misconduct. Any further liability of Add Link Solutions Sàrl., regardless of their legal basis and with respect to all types of damage and categories, especially for indirect, incidental or consequential damages, is – by the extent permitted by law – excluded. To the ex-tent permitted by law, this limitation of liability also applies to the employees and auxiliary agents of Add Link Solutions Sàrl.
Add Link Solutions Sàrl. does not guarantee or accept liability for contents offered by third parties, which are accessible on Hinster (e.g. links to other websites).
7. GENERAL PROVISIONS
If certain provisions in these GTCs should be (or become) invalid in part or entirely, for any reason, the validity of the remaining provisions in theses GTCs shall not be affected. Existing contracts shall also remain unaffected. Add Link Solutions Sàrl. will replace the invalid or ineffective provision with a valid provision that meets the intent of the previous invalid provision.
Swiss law shall apply, excluding the conflict of laws and the Vienna Sales Convention. Exclusive place of jurisdiction is, if legally permissible, the place of business of Add Link Solutions Sàrl.