The Site amaplanet.com (hereinafter the “Site”) belongs to Jonas Vanzetta, who holds all rights to the Site. The Site is a virtual marketplace in which companies and private individuals place free ads to offer goods/services to third parties to buy/rent/exchange.
1. FIELD OF APPLICATION
2. RIGHTS AND OBLIGATIONS OF AMAPLANET.COM
amaplanet.com strives to continuously improve the Site to adapt it to the needs and demands of users. However, we reserve the right to modify or delete the functions of the Site at any time and without prior notice. However, we will attempt to inform you of any changes or deletions by posting a notice of such changes or deletions on the Site.
The Site and all its contents are made available without any guarantee of absence of defects. By this we mean all insurances and guarantees (in particular with regard to defects and legal defects). We do not warrant or guarantee that the information and content on the Site or on the Site (ours or users’) is complete or error-free. Users acknowledge that downloading or collecting information and content from the Site is done at their own discretion and risk.
The Site or parts of our services may be temporarily unavailable for various reasons.
We do our best to prevent unlawful use of our website by some users, but we cannot rule out the possibility that this may happen. We therefore exclude all liability in connection with any such use as of now.
User content and behaviour
We are not obliged to, but are authorized to verify or control the information and materials, entered or transmitted or made available on the Site by users.
Furthermore, we are not responsible for the online or offline behaviour of users and do not assume any moral or material responsibility for their behaviour or for the information/materials made available by users.
We reserve the right, in our sole discretion, to conduct investigations in connection with the use of our Site and to take appropriate action against any person who
⦁ violate the provisions relating to prohibited conduct and inadmissible content of the Site;
⦁ actually or allegedly violate applicable laws;
⦁ engage in outrageous, illegal or other conduct that may infringe the rights of others or compromise or threaten their safety.
In such cases, we expressly reserve the right to remove the information/materials entered by users in a timely and unannounced manner and to prevent the user concerned from subsequently using the Site in any way.
3. USERS’ RIGHTS AND OBLIGATIONS
Complete and current data
The user undertakes to provide all data relating to his person updated, correct and complete. The user must be at least 18 years old. In addition, the user agrees to promptly update all data relevant to the use of the Site.
We allow users to place information/materials on the Site in the form of announcements to which other users of the Site may have access.
Each user is solely responsible for the inclusion, transmission and/or provision of news, communications, text, information and other content (hereinafter “user content”) in or on the Site.
Users are responsible for saving copies of the content they enter and store on the Site themselves and on their own behalf. We are expressly excluded from liability for any loss of data.
Rules of conduct
As such, you acknowledge that the Site is made available to you solely for your personal, non-commercial use. You warrant and represent that you will not violate Swiss laws in this regard and in particular that you will not make available on the Site any content that violates the rights of third parties or contains illegal material. In particular, the user agrees not to use the Site for the following activities:
⦁ Obtain or collect from the Site e-mail addresses or other contact information for other persons using electronic means or other means to send unsolicited e-mails or other unsolicited communications, in particular through telemarketing or other telephone contact;
⦁ Use automated scripts to collect information from the Site or other interactions with the Site;
⦁ Loading, inserting, transmitting, making available or storing
⦁ content that we, in our sole discretion, consider harmful, threatening, unlawful, abusive, annoying, obscene, deceptive, in violation of personal data protection rights or personality rights, racist or otherwise scandalous or illegal;
⦁ private data of third parties, including addresses, telephone numbers, e-mail addresses and credit card numbers;
⦁ unsolicited or unauthorized advertising, spam and the like;
⦁ content which would give rise to an offence, which would invite other persons to commit an offence or which would instruct such persons to commit an offence, or content which would infringe the rights of third parties or otherwise give rise to liability or infringe national or international law.
⦁ Posting content for a person other than yourself or passing yourself off as another natural or legal person or misleading presentation of your person, false indication of age or membership of another natural or legal person;
⦁ Request information using passwords or personal data for commercial or illegal use.
Behaviour with other users
Users are personally responsible for their behaviour towards other users. However, we are entitled, but not obliged, to take such measures as we, in our sole discretion, deem to be sustainable and appropriate.
We do not normally check communication between users; however, this is done via our servers and we are therefore entitled to block or delete any user messages without notice where this is necessary, in our opinion, to protect other users or amaplanet.com. In such cases, we are also entitled, among other things, to delete certain words or phrases.
The decision on whether to block or delete certain user communications is a matter for us alone in our free judgement.
4. FEE-BASED SERVICES
General terms and conditions
amaplanet.com offers paid services on its website, such as promotion services and ad accounts (hereinafter referred to as “Paid Services”). The amount to be paid for the Paid Services (hereinafter referred to as the “Price”), the methods of payment, as well as the extent and duration of the Paid Services are set out on the website. Important is what is published on the site at the date of conclusion of the contract or extension of the contract, and this is an integral part of the contract between amaplanet.com and the user.
amaplanet.com offers services to promote visibility or sale and other paid services related to a certain content used (hereinafter “Promotion Services”).
The Price for Promotion Services becomes payable at the time of ordering by the user and must be paid immediately by the customer provided that there are no other indications on the site. The user is in default without further reminder from amaplanet.com.
The validity of the Promotion Services ends with the cancellation of the content used in question. In any case, refunds of prices are excluded.
Subscriptions for ads
amaplanet.com may at any time declare subscriptions for additional functions of use, price bundles, content used and partner offers for a fee. These subscriptions are announced, defined and offered for sale on the platform. The scope of the services corresponds to the respective description on the platform and can be adapted at any time.
Prices and duration
Payment of the Subscription Price for advertisements and other subscriptions (hereinafter jointly referred to as “Subscriptions”) shall become due 30 days after receipt of the invoice without deduction, provided that there is no other indication on the website. The user is in default without further reminder from amaplanet.com. In the event of default, amaplanet.com is entitled to suspend its services without notice and to block the user or his access to further services of amaplanet.com.
The Subscription for advertisements is concluded for a fixed period of time for a contractual period chosen by the user and is automatically extended for a further contractual period, unless terminated, in writing or by e-mail, with a notice period of 30 days for Subscriptions with an annual duration, or 10 days for Subscriptions with a monthly duration, for the end of the current contractual period. Early termination or reimbursement is excluded. In particular, even in the case of early cancellation of ads, or in the case of cancellations or blocks arranged by amaplanet.com on the basis of these conditions of use or other parts of the contract, the entire fee is due and the user has no right to a refund of fees already paid.
5. LICENSE ON USER’S CONTENTS
You hereby grant us a free, unrestricted, irrevocable, perpetual, simple, transferable and worldwide (with the right to grant sublicenses) license for any use (including reproduction, disclosure and any processing, including translation) of your content or any part thereof for any commercial purpose (currently known or unknown) or other purpose (including advertising) in connection with the Site.
The user can remove at any time the contents that he has inserted himself in the Site. If you remove your content from the Site, the license granted above remains in effect. In particular, you acknowledge that we may retain archived copies of your content and that the previously granted license remains in effect for your archived content.
You warrant and represent that you have the right to grant this license and you agree to fully indemnify amaplanet.com from all claims in accordance with this Section 5.
6. PROPERTY RIGHTS
7. PROTECTION OF PERSONAL DATA
With regard to the collection, storage and use of personal data, we comply with the provisions of the applicable data protection laws.
Responsibility of amaplanet.com
To the extent permitted by law amaplanet.com excludes all liability for all damages arising out of or in connection with the use of the Site. This exclusion of liability also applies to companies controlled by amaplanet.com, such as subsidiaries as well as their respective members of the board of directors, managers, agents, suppliers, partners and employees.
You are personally responsible for your use of the Site and for all your actions related thereto, including your conduct with other users.
The user undertakes to indemnify amaplanet.com and its subsidiaries as well as the members of the board of directors, managers, agents, suppliers, partners and collaborators from all claims, costs and expenses, including the costs of any legal action, related to the use of the Site by the user or his conduct with other users.
9. CANCELLATION AND CHANGES
The contractual relationship between amaplanet.com and the user may be terminated at any time by either party, at its sole discretion, with immediate effect. Prices for paid services are not returned to the user under any circumstances.
We reserve the right to temporarily discontinue, discontinue or replace any or all of the services on the Site. In addition, amaplanet.com reserves the right to declare that certain free services will be charged for in the future, as well as the right to modify the Paid Services or the Paid Service Prices at any time.
We do not check or monitor the correctness, adequacy or completeness of the sites linked to our Site. We cannot accept any liability for websites that are accessible from our website via links.
11. APPLICABLE LAW
In the event of disputes, Swiss substantive law shall apply.
In the event of a dispute, only the ordinary courts of the registered office of amaplanet.com shall have jurisdiction.
Biasca, September 2018