General Terms and Conditions (GTCs) for the Use of Carhelper.ch as a User

Carhelper AG

 

Carhelper Promise

1. Subject

2. Services

3. Contract conclusion

4. Payment

5. Cancellation of the booking

6. User’s obligation during implementation of the booked services

7. Warranty

8. Liability

9. Liability of the user

10. Intellectual property

11. Final provisions

 

 

Carhelper Promise

The top goal of Carhelper AG is creating a positive experience for users and garages by establishing transparency for drivers. Carhelper AG makes all the possible effort to the best of its knowledge and belief in order to achieve this goal. However, if Carhelper AG identifies abuse by users or garages, they will be called to account for their abuse.

 

 

These GTCs apply, in the version in effect at the time of contract conclusion, to the use of services offered on the online portal www.carhelper.ch (carhelper.ch) of Carhelper AG, Promenadengasse 18, 8001 Zurich (Carhelper, we, us) by you as the end user (user). By using the services of carhelper.ch you accept the following terms and conditions without changes and in full scope.

 

1. Subject

1.1

Carhelper.ch is an online platform with various services, which allows you as the User, among other, to get information and to get in touch and communicate with garages, other service providers, and with each other.

 

1.2

The provided services could be, for example, the provision of data, articles, image and sound files, information and other content (hereinafter altogether referred to as: “Content”), in addition to the possibility of using automated consulting function for vehicle ownership and saving information and documents about the user’s vehicle on the platform for this purpose, as well as contacting and contracting service providers.

 

1.3

Carhelper.ch offers the User the possibility of bindingly booking paid garage services (services) (such as auto service, tire change, maintenance, repair, etc.) directly with the participating garages (garages). Carhelper does not offer any services itself and does not act as a representative of the garages, but as a technical service provider.

Carhelper is limited to the operation of the website and provision of support to users and garages. Any contracts for services are thus concluded exclusively between the user and garage, and are subject to the separate contractual or general terms and conditions of the garage. Solely the respective garages are responsible for the offers on the website, their content, and any contract conclusion and execution. They can be obtained from the respective garage.

 

1.4

The use of personal data is regulated in the Privacy Policy. The Privacy Policy is an integral and binding part of these GTCs.

 

2. Services

2.1

Carhelper can change the offered service anytime or discontinue the provision of services.

 

2.2

As a provider of the online portal carhelper.ch, Carhelper enables contract conclusion between users and garages. Carhelper does not provide the garages, so the contract for the booked services is concluded directly and exclusively between the user and the garage.

Carhelper is not a party to the contract and, therefore, assumes no responsibility for a contract concluded with a garage through the platform. Carhelper also does not represent the garage. The garage is responsible for providing the services, for any complaints by users, and for all other matters that arise from the contract between the user and the garage. Carhelper assumes no guarantee for the accuracy and completeness of the information provided and declarations made by the garage.

 

2.3

When using the services and products of a garage, the user accepts the applicable general terms and conditions and/or terms of use of this garage. They can be obtained from the respective garage.

 

2.4 Use

2.4.1

The user’s right of use is limited to access to carhelper.ch and use of the services available on carhelper.ch within the framework of the regulations of these GTCs. Use of carhelper.ch is free of charge for private users. However, use of the services requires an Internet connection. This is subject to fees of the telecommunication service provider. Carhelper does not have any influence over these fees.

 

2.4.2

The user agreement with Carhelper is indefinite. The user can request the deletion of his contract at any time by sending an e-mail to [email protected] We also reserve the right to terminate free access completely or to certain services with a notice period of fourteen (14) calendar days. In case of complete termination of the user’s carhelper.ch membership, we have the right to irretrievably delete all data produced in the framework of the user’s carhelper.ch membership 30 calendar days after the entry into effect of the termination and after expiry of any statutory retention periods. For personal data, the data privacy regulations prevail and may also provide for a shorter term for deletion.

 

2.4.3

Carhelper can suggest third-party services (e.g. tires) to the user, which match the user’s profile, after conclusion of the contract.

 

2.4.4

Carhelper can inform the user anytime about important news by e-mail or text messages.

 

2.4.5

The user himself is responsible for establishment of the technical requirements (in particular, hardware, web browsers, and Internet access) necessary for contractual use of the services within the user’s sphere of responsibility. We or carhelper.ch do not owe any consultation services related to this.

 

2.4.6

Prohibited commercial use includes, in particular,

all offers and promotions of paid content, services and/or products, both those of the user and those of third parties,

all offers, promotions, and execution of activities with a commercial background, such as prize competitions, sweepstakes, barters, ads or pyramid systems,

any electronic or other collection of identity and/or contact data (including e-mail addresses) of members (e.g. for sending unsolicited e-mails), and

exploitation of the services available on carhelper.ch including the content offered herein for remuneration.

 

2.4.7

The user is prohibited from engaging in all activities on or in connection with carhelper.ch that violate applicable laws, infringe upon rights of third parties or the principles of youth protection. In particular, users are prohibited from engaging in the following:

posting, distributing, offering and promoting content, services and/or products that are pornographic in nature, in violation of the data privacy laws and/or other laws and/or fraudulent;

use of content that offends or slanders other users or third parties;

use, provision, and distribution of content, services and/or products without being expressly authorized to do so.

 

2.4.8

Furthermore, user are prohibited from the following activities, independently of any potential violation of the law when uploading their own content on carhelper.ch and in communication with other users or garages (e.g. by commenting on content and posts):

disseminating viruses, Trojans and other harmful files;

sending junk or spam e-mails and chain e-mails;

disseminating offensive, sexual, obscene or defamatory content or communications and content or communications that could promote or support racism, fanaticism, hate, physical violence or illegal activities (explicitly or implicitly);

asking users or garages to disclose passwords or personal data for commercial purposes or purposes in violation of rights or laws;

distributing and/or publicly reproducing the content available on carhelper.ch, if the user is not expressly permitted to do so by the author or if this is not expressly provided as a functionality on carhelper.ch.

 

2.4.9

Any activities that could hinder smooth operation of carhelper.ch, in particular excessively strain our IT systems, are also prohibited.

 

2.4.10

If the user becomes aware of illegal, abusive, non-contractual or other unauthorized use of carhelper.ch, the user can e-mail [email protected] and report this unauthorized use. We will check the situation after that and introduce appropriate steps, if necessary.

Carhelper reserves the right to deny the posting of content and/or edit, block or remove the previously posted content (including private messages and comments) without prior notice, if the posting of content by the user or the posted content itself led to a breach of these provisions or there are concrete indications that this will result in a serious breach. However, the user’s legitimate interests will be taken into consideration here.

 

2.4.11

Please note that user activities could be monitored within the scope permitted by the Telemedia Act and Federal Data Protection Act or there may be statutory obligation for us in this respect. This includes, if applicable, also the logging of IP connection data and conversations, as well as their assessment in case of a concrete suspicion of a breach against these participation conditions and GTCs and/or concrete suspicion of another unlawful act or criminal act.

 

2.5 Blocking access

2.5.1

Carhelper can block the user’s access to all or a part of carhelper.ch at its own discretion temporarily or permanently, if there are concrete indications that the user is violating or violated these GTCs and/or applicable law, or if we have another legitimate interest in blocking the access. When making a decision about blocking access, the user’s legitimate interests will be taken into account appropriately. If the user repeatedly breaches these GTCs, despite warning, we reserve the right to block his access permanently and prohibit him from ever joining the carhelper.ch platform in the future.

 

2.5.2

In case of temporary blocking, access will be reactivated after expiry of the blocking period or the definitive elimination of the reason for the blocking and the user will be informed of this by e-mail, if applicable. Permanently blocked access cannot be restored.

 

 

3. Contract conclusion

3.1 Booking by the “user”

3.1.1

For price quotes/price inquiries and to book the services, the vehicle is identified by one of the four methods mentioned below: license plate number, vehicle identification number, type certificate number or vehicle selector. Whether the user only makes a price inquiry or a booking request to one of the garages is up to the user. After the user has selected his vehicle, the offer is showed to him directly. The user must provide all the information required during order placement in full and accurately.

 

3.2 Registration

3.2.1

For a binding booking of services, the user has to identify himself by his e-mail, password, and full name (hereinafter: login information). If the user does not have a user account for carhelper.ch yet, he will be asked to register during the first booking by providing the necessary login information. Registration to use carhelper.ch is free of charge. The user must enter all the information necessary for registration or to use the services offered on carhelper.ch in full and accurately. If this information changes in the course of the user relationship, the user must correct it promptly in his personal settings on carhelper.ch. A user account will be created for the user, in which the login information and data about his vehicle will be saved. In the user account, the user can view the latest status of his booking requests and additional communication with the selected garage, and change his login information. The user will also find an overview of the history (requests, orders, work performed) of his vehicle in the user account.

 

3.2.2

The user may only register on carhelper.ch once. The registration, user relationship, and user account with the login information are not transferable. We usually do not perform a verification of the user’s identity and his information during registration. Therefore, Carhelper assumes no guarantees that each user is the person that the user claims to be. The user receives a welcome e-mail from carhelper.ch after successful registration.

 

3.2.3

To register on carhelper.ch, the user must be of legal age and legally competent. Minors and persons whose access has been permanently blocked are not allowed to register.

 

3.2.4

The login information, including the user’s password, must be kept secret by him and never made available to unauthorized third parties. Furthermore, it is the responsibility of the user to ensure that his access to carhelper.ch and the services available on carhelper.ch are used exclusively by the user and/or persons authorized by the user. If there is a fear that unauthorized third parties gained or will gain knowledge of the user’s login information, the user must inform Carhelper immediately. All bookings of services made using the user’s user account will be attributed to the user and are binding for him.

 

3.3 Booking confirmation

By sending the booking request and the required acceptance of these GTCs (tick the box), the user books the corresponding services.

Bookings of services by the user will be forwarded on his behalf to the garage. Immediately after the booking, the user will receive an e-mail from carhelper.ch, confirming the receipt of the booking. The garage chosen by the user can accept or reject the requested booking. If the garage accepts the booking, the user will receive a booking confirmation by e-mail. After the booking confirmation is received, the order is binding for both sides (user and garage) and the contract is in effect for the performance of the services concerned. The services concerned are performed at the site of the garage. Unless agreed otherwise, the user is responsible both for the transport of the vehicle to the chosen garage and for the pick-up.

 

4. Payment

4.1

Payment for the services is made at the garage by the user. The price specified in the booking confirmation applies exclusively to the services booked on carhelper.ch. If the garage identifies defects while performing the services, which make additional services necessary for the vehicle, it is obliged to inform the user on the carhelper.ch platform. The user will receive an e-mail and text message with the link to the user account. In the user’s user account, the user can accept or reject the additional services.

 

5. Cancellation of the booking

5.1 General information

The responsible contracting partners of the user for the performance of the services are the garages. After the user submits a booking request (“Confirm booking”), the user has a commitment to the requested garage. The user can cancel the request free of charge until the receipt of the booking confirmation. After receipt of the booking confirmation, cancellation is not possible without a justified reason. Cancellations must be sent by the user by e-mail to [email protected] If the user cannot be reached or does not appear to the appointment agreed by the user and garage, this will be deemed a breach of contract and the user will be charged CHF 150.00 as compensation of expenses. If the user cancels the booking at least 24 hours before the appointment, he will be charged CHF 50.00 as compensation of expenses. Carhelper reserves the right in these cases to block the user from further use of the platform.

 

5.2

Carhelper reserves the right to cancel bookings in isolated cases, in particular, to avoid abuse.

 

6. User’s obligation during implementation of the booked services

6.1

By booking the services of the garage, the user accepts, in addition to these GTCs, the general terms and conditions, the terms of use or contractual terms of the garage. They can be obtained from the respective garage.

 

6.2

The right to have the booked services performed and the right to the offer lapses if the user does not appear to the agreed appointment.

 

7. Warranty

7.1

Carhelper provides its services within the framework of its operational resources and foreseeable requirements diligently and professionally, provided Carhelper is not prevented from doing so by circumstances outside of its control.

 

7.2

For gratuitous services, there is no entitlement to uninterrupted use. No guarantee is given that access to or use of carhelper.ch will not be interrupted or hindered by disruptions due to maintenance work, improvements or for other reasons, which may also lead to data losses. We strive to ensure uninterrupted usability of carhelper.ch services as far as possible. However, technical disruptions (such as interruptions of power supply, hardware and software failures, technical problems in data cables) may result in temporary limitations or interruptions.

 

8. Liability

8.1

Liability for gratuitous services. In the framework of the use of gratuitous services, our liability for minor negligent breaches of duty is excluded, except when the damages involve injury to life, body or health, or warranties or claims under the Product Liability Act. Furthermore, liability for the breach of duties the performance of which enables the proper execution of the user relationships in the first place and which the user may typically rely on is not affected. The same applies to breaches of duties by our vicarious agents.

 

8.2

If, in accordance with these provisions, our liability is excluded or limited, this also applies to the liability of our bodies and vicarious and other agents, in particular our employees.

 

8.3

The content available on carhelper.ch originates partially from us, partially from users and garages or other third parties. Content from users and garages as well as other third parties is hereinafter referred to altogether as: third-party content. Carhelper does not check third-party content for completeness, accuracy and legality, and therefore, does not assume any responsibility or guarantee for the completeness, accuracy, legality, and up-to-dateness of third-party content. This also applies to the quality of third-party content and its suitability for a specific purpose. Carhelper therefore excludes any liability for incorrect information or results due to inaccuracy of the data and information provided to Carhelper by third parties.

 

8.4

Carhelper cannot check whether the garage has performed its obligations under or in connection with the contract between the user and the garage correctly and in full. The garage or the user are exclusively liable for breaches of contract, and never Carhelper. Carhelper is not liable for damages that occur during the execution of repairs.

 

9. Liability of the user

9.1

The user is obligated to exempt Carhelper from all costs, claims and disadvantages asserted by third parties against Carhelper due to the infringement of their rights by the user’s content or due to a violation of a law by the user.

 

9.2

The user is obligated to compensate Carhelper for all costs resulting from the legal violation, in particular the costs of appropriate legal defense, including any incurred court and attorney’s fees. This does not apply if and to the extent that the legal violation is not attributable to the user.

 

9.3

The user is obligated to reimburse any expenses of Carhelper associated with unauthorized use or misuse of the user’s password and/or careless, abusive or unauthorized use of the login information.

 

10. Intellectual property

10.1 Content protection

The content available on carhelper.ch is largely protected by copyright, trademark or competition law, or other proprietary rights, and is owned by us, by our clients or other third parties that have provided the respective content. The compilation of the content on carhelper.ch as such is also protected by copyright. Users may use this content only in accordance with these GTCs and within the scope indicated on carhelper.ch.

 

10.2 Right of use to content available on carhelper.ch

10.2.1

Unless other use is expressly permitted in these GTCs or on carhelper.ch or enabled on carhelper.ch by a corresponding functionality (e.g. download button),

users may retrieve and view online the content available on carhelper.ch exclusively for their own purposes and, if the user is an individual, for the purposes of family members living in the same household. If the user uses carhelper.ch in the scope of commercial or professional activity, the user may use the content available on carhelper.ch exclusively for his internal business purposes. Commercial use of the available content beyond that is prohibited. This right of use is limited to the duration of the contractual carhelper.ch membership of the user.

the user is prohibited from editing, modifying, translating, showing or demonstrating, publishing, exhibiting, duplicating or distributing (including the use of i-framing) the content available on carhelper.ch, in full or in part. It is also prohibited to remove or modify copyright notices, logos and other signs or protective notices. The user may never use the services and information shown on carhelper.ch, for example, service plans, and provide this information to garages with the aim of carrying out the order outside the carhelper.ch platform. The user also may not use quotes from carhelper.ch to negotiate prices with the garages.

 

10.2.2

The user is only authorized to download content (download) and print out content if there is an option to download or print out as a functionality on carhelper.ch (e.g. a download button).

 

10.2.3

The user receives an indefinite and non-exclusive right of use to the content properly downloaded or printed out by the user for use for his own purposes or for the purposes of family members living in the same household. As far as content provided to the user for a fee, an additional requirement for the rights of use is the complete payment for this content. Apart from that, all rights to content are reserved for the original holder of the rights.

 

10.3 Content settings by the user

10.3.1

If available as a functionality on carhelper.ch, the user can upload content to carhelper.ch in consideration of the following regulations, and make it available to third parties, if provided in the corresponding functionality.

 

10.3.2

By transmitting content, the use grants us the non-exclusive, gratuitous, indefinite, unrestricted with respect to place and content, and transferable right to exploit the transmitted content online and offline, in particular, make the content publicly available, duplicate, distribute, and edit it. For example, Carhelper is allowed to display the user’s ratings of garages, with the user’s comments, first name, vehicle and location. The above right to public disclosure and exploitation of the transferred content does not apply to information that the user clearly marked as not intended for general publication on carhelper.ch (e.g. profile data). Such information will be passed on to third parties only if prompted by the user himself (e.g. reservation of a garage, enabling access to this content by third parties) or expressly consented by the user. Information of the user in connection with his ratings of garages (comments, first name, vehicle, location) are an exception and may be published by Carhelper.

The rights granted comprise, in particular, the right

to save the content on our servers and any other storage media, and its distribution and publication, in particular, making it publicly available (e.g. by displaying the content on carhelper.ch),

to edit and duplicate, if this is necessary to display the content, in particular, to modify, shorten, supplement the content, and connect the content with other content and advertising material.

 

10.3.3

If the user makes content in the scope of the offered services available to our partners (garages or other partners), the user grants them a simple, gratuitous right of use to this content, unrestricted in terms of content, space and time in accordance with the order, within the framework of the corresponding contractual relationship.

 

10.3.4

If we expressly offer the option to the user to delete the transmitted content from carhelper.ch, the above rights of use and exploitation lapse upon deletion of the content. However, we reserve the right to keep copies produced for back-up and/or as evidence. The rights of use granted to the user by use within the scope of his orders to garages also remain unaffected.

 

10.3.5

It is not permitted to refer to external Internet offers via hyperlink and/or include external information sources in one’s content, unless this is expressly permitted as a function on carhelper.ch (any links to the user’s pages on social networks) or required by law. Hyperlinks are also e-mail address and inactive websites (URLs) and parts thereof.

 

10.3.6

The user is fully responsible for the content uploaded by him. We do not verify the content for completeness, accuracy, legality, up-to-dateness, quality and suitability for a specific purpose.

 

10.3.7

The user assures us that he is the sole owner of all rights to the content transmitted by him to carhelper.ch, or is otherwise authorized (e.g. with effective permission from the holder of the rights) to upload the content to carhelper.ch and grant the rights of use and exploitation as explained above.

 

11. Final provisions

11.1

The language of the contract is German. Even if the contractual text is translated into another language, the German contractual text shall remain binding.

 

11.2

The user waives the right to make offset claims against Carhelper.

 

11.3

Carhelper.ch reserves the right to amend these GTCs anytime. Amendments will be made available on carhelper.ch and enter into effect once they are available.

 

11.4

The contract concluded by the parties on the basis of these General Terms and Conditions is subject exclusively to the substantive law of Switzerland. Only the courts at the Carhelper’s place of business have jurisdiction. However, Carhelper has the right to sue the user at his place of domicile.

 

11.5

If a provision of these terms and conditions of use is or becomes invalid, this will not affect the validity of the remaining provisions. In such a case, the parties must work on creating provisions that will produce a legally effective result that comes closest to the economic intention of the invalid provision. The above applies accordingly to closing any contractual loopholes.

 

Zurich, version 2.0 dated May 29, 2019

 

Carhelper AG

Promenadengasse 18

8001 Zurich

 

UID: CHE-168.261.229