As at April 2007

1. Scope

1.1 search.ch Ldt operates the search engine and information platform search.ch. The present terms of use regulate the contractual relationship between the clients (hereinafter the Client) and search.ch Ltd in the use of the services offered on search.ch (hereinafter Services).

1.2 The use of certain services of search.ch may additionally be subject to certain special terms of use.

1.3 The use of the websites linked through or integrated into search.ch are subject to the corresponding terms and conditions stipulated by the operators of those websites respectively.

1.4 By using the Services offered on search.ch the Client declares his agreement to the present terms of use.

2. Services by search.ch Ltd

2.1 Content of search.ch

Various services such as databases including the telephone directory, general search services and those classified according to specific topics, market places, discussion forums, advertisements, SMS services, personalised content are available to the Client on search.ch.
search.ch Ltd can design search.ch as it wishes and can amend, expand or suspend existing Services at any time.

2.2 Access

In principle, search.ch and the Services offered there are available to anyone free of charge. Individual Services may have to be paid for and may be dependent on prior registration by the Client.

2.3 Registration

The Client will have to register to use certain Services in search.ch. Registration and the allocation of a user name and password take place free of charge. The Client warrants that the data he has provided are true and complete. Amendments to these data are to be notified to search.ch Ltd without delay. The Client shall explicitly waive registering more than once or allowing other persons to access the individual Services using his address.

2.4 Data security and support

search.ch Ltd shall take economically reasonable, technically feasible and proportionate measures to secure its data and Services.

3. Duties owed by the Client

3.1 Lawful use

The Client undertakes not to use the Services offered on search.ch improperly and to refrain from illegal actions. The Client notes that the content and information accessible via search.ch (incl. music, graphics, logos, cards, card pictures etc.) as well as the design of search.ch are protected by law. They may only be used in the form explicitly approved by search.ch Ltd or third party providers or with the explicit consent of the beneficiary.

3.2 Duties of cooperation and omission

The Client shall be responsible for having Internet access and the necessary hard and software components with the appropriate configurations. The Client undertakes to report illegal offers of information and improper use to search.ch Ltd immediately.

3.3 Access protection

The Client is responsible for storing his user name and password carefully. He shall ensure that information about them is not accessible and shall change his password at irregular intervals, in particular, if there are indications of misuse by unauthorised persons.

3.4 Netiquette

The client should observe netiquette.

4. Use of the search engine search.ch

4.1 search.ch specialises in locating Swiss web pages with the top–level domains “.ch” and “.li”. Pages with other top–level domains will only be located if they have registered with search.ch specially or a clear reference to Switzerland can be established with technical means because of their content.

4.2 The Client notes that the listing of search results cannot be exhaustive for technical and provider–related reasons. In addition, as part of his enquiry the Client may obtain access to information that was not expected under the key word he had selected because of an error or technical fault. Links may also lead to inactive or irrelevant web pages.

4.3 search.ch Ltd shall endeavour to show only legitimate and user friendly web pages and in principle does not include pages that do not match these criteria in its index (cf. regulations under http://webmaster.search.ch/spam.html).

4.4 It is not permissible to use search.ch as a meta–search engine.

4.5 In principle, links to search.ch are authorised if they reproduce the design and content of the linked page without any changes and in full and it is immediately clear to the user that he is on a search.ch page.

4.6 The Client is aware that content that is published in discussion forums or bulletin boards are deemed to be publicly accessible and freely available.

5. Use of the SMS service

5.1 Use of the SMS service requires prior registration and the opening of a personal user account.

6. Data protection

6.1 Protection of personal data

When recording and processing personal data search.ch Ltd shall observe the provisions of Swiss data protection legislation.

6.2 Processing data that has been rendered anonymous

To provide services that are in line with the market, the Client declares his agreement to search.ch Ltd recording and processing master data, order data as well as data on the use of search.ch (transaction data) for the purposes of market research, consultancy and advertising. search.ch Ltd may calibrate data of this kind that has been rendered anonymous with third parties’ user information or draw up user statistics and notify these statistics to third parties.

6.3 Transmission of personal data

Personal data will only transmitted to associates, sponsors or other third parties if the prior, explicit consent of the Client has been obtained.

6.4 Cookies

When using the Internet, cookies are used for management purposes. search.ch Ltd also uses this technology in order to be able to provide its clients with appropriate information. A cookie will recognise the Client and ensure that he is automatically provided with information from the same and similar subject areas as before. This happens anonymously, i.e. search.ch Ltd does not know which client is being provided with which information.

See also: Privacy Policy

7. Service breakdown

7.1 Responsibility of search.ch Ltd

search.ch Ltd is solely responsible for its own computer and transmission system and the Services it offers (hereinafter the System) but not for third parties’ services which are required to access the Internet nor for the accessibility of web pages.

7.2 Business interruptions and breakdowns

While search.ch Ltd shall endeavour to ensure that its System is available as much and is as free from interruptions as possible, interruptions and breakdowns cannot be ruled out. search.ch Ltd will rectify technical breakdowns as quickly as possible. search.ch Ltd will keep interruptions to rectify breakdowns, carry out maintenance work, introduce new technologies etc. brief and, whenever possible, it will arrange these during quiet periods. The Client shall report any failures and breakdowns in the System to search.ch Ltd as rapidly as possible.
The Client shall bear the cost of rectifying breakdowns if he has demanded support from search.ch Ltd and/or the cause of the breakdowns is attributable to defects or faults in operating the equipment used by him.

7.3 Measures at the Client’s premises

The Client grants search.ch Ltd the right at any time to take the measures needed with his equipment and appliances to prevent and rectify breakdowns. He shall take the precautions demanded of him when first requested to do so by search.ch Ltd; if necessary he will adapt the equipment at his premises at his expense.

8. Warranty and liability

8.1 Principle

Any liability by search.ch Ltd to the Client or third parties for the non–fulfilment or poor fulfilment of the contract is excluded unless this occurred deliberately or as a result of gross negligence.
search.ch Ltd does not assume any guarantee for uninterrupted service, for service at a specific date or for the completeness, authenticity and integrity of the data stored or transmitted via its System or the Internet. Liability for the inadvertent disclosure of as well as damage to or deletion of data that is sent and received via its System or stored there is also excluded.

8.2 Consequential losses

search.ch Ltd is not liable either to the Client or to his contractual partners for any claims or claims for damages by third parties. In particular, any liability for losses or harm incurred through the loss of data or through being unable to access the Internet or send or receive information, which were caused by delays, failures or interruptions in the services provided by search.ch Ltd is excluded.

8.3 Damage by third parties

search.ch Ltd is not liable for damage, which is inflicted on the Client by misuse of the connection (including viruses) by third parties. Only the respective providers are responsible for the availability, accuracy and usefulness of information and services on the Internet. In particular, search.ch Ltd does not assume any responsibility for contractual or other relations between the Client and providers of goods and services on the Internet that materialise via the Internet.

8.4 Business interruptions

search.ch Ltd does not assume any liability for business interruptions that serve to rectify breakdowns, to carry out maintenance, to introduce new technologies or similar purposes. search.ch Ltd does not guarantee either access to its System at any time or that the System will function without interruptions and breakdowns.

8.5 The Client’s liability

The Client shall be liable to search.ch Ltd for losses that are attributable in any form to the non–fulfilment or the poor fulfilment of his contractual obligations unless he proves that it is not his fault.

8.6 Indemnification of search.ch Ltd

The Client undertakes to indemnify search.ch Ltd from all claims by third parties that result from the illegal or improper use of search.ch. The indemnification also includes the obligation to indemnify search.ch Ltd from legal defence costs (e.g. court and legal costs) in full.

9. Invoices

9.1 The Client will be issued an invoice for those services that are chargeable. The respective payment obligations are clear from the contract. Invoices are payable within 30 days.

10. Ending use

10.1 The Client may end his use at any time and with immediate effect. Notification to this effect is to be directed to search.ch Ltd. search.ch Ltd will confirm to the Client in writing that his use has ended.

11. Supplementary provisions

11.1 Amendment to the terms of use

search.ch Ltd may amend the present terms of use and the special terms of use at any time. The amended conditions will apply from the time when they are published on search.ch. By continuing to make use of the services, the Client accepts the amended terms of use.

11.2 Blocking access

search.ch Ltd is entitled to block the Client’s access to the Services offered on search.ch without any prior announcement if he is in default with payment of his invoices or breaches the present terms of use or netiquette.

11.3 Partial invalidity

Should one or more provisions be null or ineffective, the validity of the other provisions shall remain unaffected by this. In this case search.ch Ltd will replace the null provisions with provisions that are effective and of equal value economically as far as possible.

11.4 Place of jurisdiction

Küssnacht am Rigi is the place of jurisdiction.

For disputes arising under consumer contracts the court at the residence or registered office of one of the parties is responsible for actions by the Client while the court at the residence of the defending party is responsible for actions by search.ch Ltd. Contracts for services that are destined for the Client’s personal or family needs count as consumer contracts.
For Clients who are resident abroad or whose registered office is abroad, Küssnacht am Rigi is deemed to be the place of pursuit and the sole place of jurisdiction for all proceedings.

11.5 Applicable law

Swiss law is applicable.

 

 

search.ch Ltd