General terms and conditions

General terms and conditions Paymash

1. Provider

Paymash belongs to the Fabware GmbH, E-Mail, called Paymash in the following.

2. Scope of application

These terms and conditions apply on all legal relationships in context of the Paymash operations (services), between the users of those and Paymash as the provider. The user is not allowed to transfer this agreement or any part thereof to third parties or to allow third parties to use them in any fashion.

3. Subject of the contract

Paymash provides a service to enable the buyer’s use of a register system. Therefore, the user is obliged to compound a fee.

4. User’s obligations

The user is obliged to observe applicable laws when using the offered service or visiting the website.

The user is furtherly obliged to specify all data correctly when creating the user account and to keep them up to date.

Just as well, the user enrolls to pay the appointed price in advance.

5. User’s rights

The user has the right to utilize the services offered either for free or charged-upon. He can delete his data or his whole account at any time.

6. Duration and remuneration

The user can open or delete an account at any time.

The provider may shut down, modify, restrict or expand the service at any time. The user will be informed in advance.

The provider is empowered to block or delete accounts, if they consist of illegal contents or if the user is disobeying the law in process of using the service.

The user pays a fee to the provider for the use of its service for a certain period of time. The amount of this fee and the runtime are the published rates and conditions of usage at the time of the contract’s conclusion or the purchase of specific services on the platform, or, in case the customer has chosen automatic renewal, at the time of the renewal.

All fees are due immediately at the start of the period, that they relate to. The provider is empowered to prevent the platform’s usage, as long as no full payment has been registered. Any pay-backs of compounded fees, as a whole or in parts, are barred in any case.

7. Termination

The user can terminate or delete the account at any time, pay-backs of any paid fees as a whole or in parts are barred in any case.

Subject to prior or automatic renewal, the user’s rights to use the platform or certain services expire automatically at the end of the agreed upon contract runtime. In case of the platform’s free usage or any part thereof, the provider may terminate the user’s access at its sole discretion.

In case of the terms and conditions’ disregard or any illegal usage of the platform or parts thereof, the provider is empowered to hinder accession to the platform at its sole discretion or to nullify the contract immediately, unheeded the potential direct or indirect compensation demands, which may be dued to the provider. A termination under this clause will not result in a user’s compensation of any fashion.

8. Intellectual property

8.1. Rights to the platform and services

The provider preserves all rights to the website and the services provided.

8.2. To the stored data

The data created by the user are the user’s intellectual property. The user authorises the provider to save his provided and stored data and products, and to use them, as far as this is necessary, for the provision of the service. The data may also be used in case of the service’s expansion.

9. Liability

9.1. Of the provider

The provider shall not be liable for any damages to the user that stem from the platform’s usage, unless due to gross negligence or intent. The user is responsible for a sufficient virus protection. The provider assumes no liability for viruses that are transmitted through the usage of the site or the service.

9.2. Of the user

The user is liable for all data uploaded to his account, in particular if he violates ownership rights, laws, etc.

10. Warranty

The provider assumes no warranty for the accuracy of the platform’s content or the data created by the user. He can furtherly not guarantee that the service is unhinderedly available at any given time.

11. Data security

The provider ensures appropriate measures to protect the stored data from unauthorized access. However, the user is responsible for the strength and security of his password.

12. Data protection

The Swiss data protection provisions, in particular the data protection act, shall apply with regard to the provided data when visiting the site and using the services.

All data specified or stored by the user during the registration and the use of the provider’s services will only be used for the provision of the service. The user agrees that the provider may process these data by third parties, as far as it considers that useful for the service’s provision. The provider ensures that these third parties comply with the Swiss data protection legislation.

13. Final provisions

13.1. Governing law and court of jurisdiction

The legal relationship between the user and the provider is subject to Swiss law. The exclusive place of jurisdiction for all disputes arising from and in connection with this legal relationship is Zurich, Switzerland.

13.2. Changes to these terms and conditions

The provider can change these provisions at any time. The user will be informed in advance.

Version 12.06.2014