Terms and con­di­tions of use

1. Scope of application

These Terms and Con­di­tions of Use of Swiss­com Direc­to­ries Ltd (here­inafter «localsearch») shall apply to the use of appli­ca­tions, ser­vices and con­tent of localsearch (here­inafter the «Ser­vices») by a cus­tomer or a user (here­inafter the «User» or «Users»), for example:

the use of the var­i­ous web­sites and/​or mobile apps of localsearch, e.g. localsearch.ch, local.ch or search.ch;
the use of a user account or a cus­tomer cen­ter (here­inafter the «User Account») of localsearch;
the use of a book­ing ser­vice from localsearch.

By using the Ser­vices and/​or their func­tions, the User is deemed to have accept­ed these Terms and Con­di­tions of Use in their most recent ver­sion as amend­ed from time to time.

This shall be with­out prej­u­dice to any gen­er­al terms and con­di­tions of busi­ness and any spe­cif­ic pro­vi­sions regard­ing the use of a cus­tomer cen­ter of localsearch accept­ed by the User in anoth­er con­text (e.g. acqui­si­tion of prod­ucts /​ Ser­vices).

In rela­tion to the use of third-par­ty ser­vices inte­grat­ed or linked to the Ser­vices pro­vid­ed by localsearch («Third-Par­ty Ser­vices») only the terms and con­di­tions of use of these third par­ties shall apply (cf. in this regard clause 3).

2. Ser­vices pro­vid­ed by localsearch
2.1. Gen­er­al

localsearch may at any time change, extend or cease pro­vid­ing Ser­vices in terms of con­tent or format.

localsearch may at any time change the prod­uct descrip­tions, offers, prices and sim­i­lar pub­lished by localsearch on the Ser­vices, and in the absence of any express agreement(s) to the con­trary entered into between localsearch and the User they shall be non-binding.

localsearch may struc­ture indi­vid­ual Ser­vices or the pub­li­ca­tion of indi­vid­ual con­tent so as to be sub­ject to a fee. localsearch shall take rea­son­able efforts to always use up-to-date and accu­rate data in its Ser­vices, although data may con­tain errors or incom­plete infor­ma­tion as a result of tech­ni­cal or oth­er inci­dents. The User shall have no claims against localsearch on the basis of the foregoing.

localsearch endeav­ours to ensure a high degree of avail­abil­i­ty of the Ser­vices offered but does not assume any lia­bil­i­ty for the Ser­vices func­tion­ing free of any inter­rup­tions and faults. localsearch endeav­ours to fix any tech­ni­cal faults which lie in its scope of respon­si­bil­i­ty with­in a rea­son­able time.

The User does not have any right vis-à-vis localsearch to a use of the Ser­vices or any Third-Par­ty Services.

2.2. Reg­is­tra­tion, User Account

In order to use the Ser­vices, it may be nec­es­sary to reg­is­ter and/​or cre­ate a User Account. Only Users with a legal capac­i­ty to act (nat­ur­al and legal per­sons) are per­mit­ted to reg­is­ter and/​or open a User Account. Users shall be oblig­ed to pro­vide com­plete and accu­rate details and to make any amend­ments with­out delay in the event that details are no longer up-to- date. Users shall be sole­ly respon­si­ble for the con­tent of their reg­is­tra­tion and, as a result, for the infor­ma­tion they pro­vide about them­selves. localsearch is not oblig­ed to check these details in terms of accu­ra­cy or completeness.

A log-in to the User Account requires the access data cre­at­ed upon reg­is­tra­tion (for instance user name/​password) or via a third-par­ty plat­form or iden­ti­ty provider cho­sen by the User. localsearch is enti­tled to regard each access with the cor­rect access data (user name/​password) or access authen­ti­cat­ed by an iden­ti­ty provider as an autho­rised access. localsearch is free – for legit­i­mate rea­sons – to refuse a reg­is­tra­tion, delete a User Account or restrict access to such account. In this con­text, any con­tent and infor­ma­tion shared via the User Account may remain on dis­play on the Ser­vices or third-par­ty platforms.

localsearch shall deter­mine the type of access pro­tec­tion deployed and shall take mea­sures in order to pro­tect its Ser­vices against any unau­tho­rised inter­fer­ence by third par­ties. There is no absolute pro­tec­tion, how­ev­er. localsearch is not oblig­ed, for instance, to take any copy pro­tec­tion measures.

The User is oblig­ed to treat its access data con­fi­den­tial­ly and pro­tect it against any mis­use. The User shall have no claims against localsearch for any mis­use of access data or any loss or dam­age caused through any improp­er access of the User Account and use of the Ser­vices. If Users detect or assume any mis­use or oth­er unlaw­ful offers and con­tent, they shall imme­di­ate­ly noti­fy localsearch of such event (customercare@localsearch.ch).

Users are nei­ther per­mit­ted to trans­fer nor to assign the User Account or rights to the User Account.

2.3. Pub­li­ca­tion of content

Users may record and amend their own list­ing as well as any sup­ple­men­tary con­tent such as images, texts, videos, web­site ref­er­ences, oth­er mul­ti­me­dia con­tent (col­lec­tive­ly the «Con­tent»). In addi­tion, some of the Ser­vices allow Users to record, pub­lish and adjust oth­er Con­tent (such as, for instance, com­ments and reviews) (see clause 4 with regard to the oblig­a­tions of Users in that con­text). In this regard, the sep­a­rate list­ing terms, which Users accept upon cre­ation of a list­ing, shall apply. Where Con­tent relates to list­ings reg­u­lat­ed by law, localsearch reserves the right to check Con­tent in accor­dance with the list­ing terms and the applic­a­ble legal bases (Swiss Telecom­mu­ni­ca­tions Act and cor­re­spond­ing ordi­nances), to cor­rect it and, where appro­pri­ate, to refuse amend­ments made by Users.

Users are deemed to have agreed to the acti­va­tion and pub­li­ca­tion of this Con­tent on the Ser­vices, in print media and on part­ner and third-par­ty plat­forms and here­by trans­fer the required rights to localsearch. Where, how and whether this Con­tent is pub­lished shall be at the dis­cre­tion of localsearch.

Users shall be enti­tled to adapt any inac­cu­rate or out-of-date Con­tent. In doing so, Users shall be respon­si­ble for the time­ly and tech­ni­cal­ly sound pro­vi­sion of the Con­tent. Users shall bear the risk for the trans­mis­sion. If it is impos­si­ble for Con­tent to be pub­lished or if it is pub­lished inac­cu­rate­ly because Users have failed to pro­vide the Con­tent in time, or have pro­vid­ed the Con­tent improp­er­ly or wrong­ly, Users shall have no claims vis-à-vis localsearch.

localsearch may, at its own dis­cre­tion and with­out giv­ing any rea­sons, refuse, change or delete Con­tent of the User at any time owing to its spe­cif­ic con­tent, its prove­nance, tech­ni­cal for­mat or qual­i­ty, in par­tic­u­lar if the Con­tent fails to com­ply with the war­ranties list­ed in clause 4. Users shall have no claims against localsearch from the refusal, change or dele­tion of any Content.

Con­tent that is pub­lished on the Ser­vices con­sti­tutes sub­jec­tive opin­ions of Users and not the views of localsearch. Nor does the pub­li­ca­tion con­sti­tute con­fir­ma­tion or approval on the part of localsearch regard­ing the Con­tent shown. Localsearch is not oblig­ed to check any Con­tent and does not assume any lia­bil­i­ty regard­ing the accu­ra­cy of the Content.

2.4. Book­ing service

On some of its Ser­vices, localsearch offers Users the option of mak­ing book­ings with localsearch cus­tomers (e.g. restau­rants, here­inafter the «Busi­ness») via book­ing sys­tems (online, by email or SMS). In this con­text, localsearch uses its own book­ing ser­vices as well as third-par­ty book­ing ser­vices (each of them here­inafter a «Book­ing Service»).

As part of this, Users sub­mit their book­ing enquiry to the respec­tive Book­ing Ser­vice by pro­vid­ing the data request­ed there­in. Users shall pro­vide up-to-date, truth­ful and com­plete details in the process. After these details have been sub­mit­ted and the respec­tive terms of use have been con­sent­ed to (e.g. regard­ing can­cel­la­tions), Users will receive a con­fir­ma­tion (by email, SMS etc.) with regard to their book­ing enquiry. At the same time, the User‘s book­ing enquiry will be trans­ferred to the Busi­ness in ques­tion. The Busi­ness has the option of con­firm­ing or reject­ing the book­ing enquiry or of sug­gest­ing an alter­na­tive appoint­ment, which will be trans­mit­ted back to the User via the Book­ing Ser­vice. The book­ing in ques­tion shall come into effect between the User and the Busi­ness. If Users are unable to keep the agreed appoint­ment with the Busi­ness, they shall noti­fy the Busi­ness with­out delay.

With cer­tain book­ing ser­vices, the book­ing enquiry can go to sev­er­al Busi­ness­es at the same time. The Busi­ness that first con­firms a book­ing enquiry enters into the con­trac­tu­al rela­tion­ship with the User. The Busi­ness­es not con­sid­ered are informed that the book­ing enquiry has already been processed. With this type of book­ing enquiries, the can­cel­la­tion of the book­ing is nei­ther pos­si­ble by the User nor by the Business.

In order to make the User’s expe­ri­ence as pos­i­tive as pos­si­ble, the Busi­ness han­dles the book­ing enquiry received from localsearch via the book­ing ser­vice as quick­ly as possible.

Users are not enti­tled to use the Book­ing Ser­vice in an improp­er or disin­gen­u­ous man­ner, to inter­fere with the Book­ing Ser­vice or access it in any man­ner oth­er than via the user inter­face pro­vid­ed by the Book­ing Service.

2.5. Bro­ker­age platforms

For cer­tain ser­vices, localsearch offers users the oppor­tu­ni­ty to pub­lish invi­ta­tions to ten­der (e.g. work to be award­ed to trades­peo­ple) and to receive cor­re­spond­ing offers from third par­ties (e.g. from trades­peo­ple). localsearch does not guar­an­tee that offers will be received. The user is respon­si­ble for whether to accept offers and for the final choice of offers. localsearch does not act as a rep­re­sen­ta­tive or hold any oth­er rep­re­sen­ta­tive func­tion for the user or the third par­ty that is mak­ing the offer. localsearch does not pro­vide any ser­vices and/​or sup­port in rela­tion to con­trac­tu­al agree­ments between the user and an offer­ing third par­ty or any sub­se­quent claims that may arise between the par­ties. This sec­tion 2.5 applies accord­ing­ly to all localsearch bro­ker­age plat­forms on which users can exchange infor­ma­tion with oth­er users, take up con­tact and, where applic­a­ble, enter into con­trac­tu­al agreements.

3. Third-Par­ty Services

It is the sole respon­si­bil­i­ty of Users as to how they inter­act with such Third-Par­ty Ser­vices. localsearch is not able to influ­ence how these Third-Par­ty Ser­vices and their con­tent are struc­tured. Users shall have no claims vis-à-vis localsearch from the use of these Third-Par­ty Services.

For exam­ple, the use of Google Maps is sub­ject to the “Google Maps/​Google Earth Addi­tion­al Terms of Ser­vice” (https://maps.google.com/help/terms_maps.html) and the “Google Pri­va­cy Pol­i­cy” (https://www.google.com/policies/privacy).

4. Oblig­a­tions of Users

Users under­take to use the Ser­vices in accor­dance with their intend­ed pur­pose and to refrain from any non-intend­ed, improp­er and unlaw­ful use, e.g. the intro­duc­tion of mal­ware (such as virus­es, worms or oth­er spy­ware). More­over, the Ser­vices must not be used in a way that neg­a­tive­ly affects their avail­abil­i­ty for localsearch or for oth­er Users or that neg­a­tive­ly impacts their usage in any oth­er way (e.g. through the deploy­ment of auto­mat­ic devices, scripts and robot, spi­der, crawler or scraper services).

Users war­rant that the Con­tent col­lect­ed, pub­lished or oth­er­wise pro­vid­ed by them in con­nec­tion with the Ser­vices does not breach any legal pro­vi­sions, third-par­ty rights or pub­lic pol­i­cy. In par­tic­u­lar, Users under­take to refrain from pub­lish­ing any Con­tent that breach­es pri­va­cy rights, com­pe­ti­tion laws, con­fi­den­tial­i­ty pro­vi­sions or any defam­a­to­ry, racist, vio­lence- pro­mot­ing, rad­i­cal, threat­en­ing, pejo­ra­tive, porno­graph­ic or obscene Con­tent and to refrain from breach­ing any third-par­ty rights (such as, for instance, copy­rights, trade­mark rights and rights to com­pa­ny names). localsearch is enti­tled to block or delete any Con­tent that breach­es these pro­vi­sions, with­out delay and with­out a pri­or warn­ing, and/​or to refrain from pub­lish­ing such Content.

5. Intel­lec­tu­al property

Users acknowl­edge that the Ser­vices, the Third-Par­ty Ser­vices and the Con­tent pub­lished by localsearch, third par­ties or oth­er Users on the Ser­vices are usu­al­ly legal­ly pro­tect­ed and that their use requires con­sent by the hold­er of the right in question.

Any repro­duc­tion, trans­fer (whether elec­tron­i­cal­ly or via oth­er means) or mod­i­fi­ca­tion of the Ser­vices or Con­tent, in whole or in part, is not permitted.

The copy­ing, down­load­ing or print­ing of the Ser­vices or Con­tent is only per­mit­ted for per­son­al, not com­mer­cial use, pro­vid­ed that no copy­right notices or oth­er legal­ly pro­tect­ed des­ig­na­tions are removed.

The full or par­tial use, or use of extracts, of address lists pro­vid­ed via the Ser­vices for pur­pos­es of com­mer­cial address exploita­tion, com­mer­cial direc­to­ry enquiry ser­vices or as the basis and/​or tool for any form of com­pi­la­tion or sup­ple­men­ta­tion of lists of par­tic­i­pants, address­es or oth­er lists (elec­tron­ic, in print­ed form on data stor­age devices etc.) as well as the retrieval of the data on the inter­net for the afore­men­tioned pur­pos­es as well as for any oth­er com­mer­cial pur­pos­es is not permitted.

The domains «local.ch», «search.ch» and «localsearch.ch» and cer­tain oth­er prod­uct or ser­vice des­ig­na­tions (includ­ing logos) are reg­is­tered trade marks of localsearch. The Users do not have any right of use in rela­tion to these trade marks. The same applies in rela­tion to third-par­ty trade marks, in par­tic­u­lar Third-Par­ty Services.

6. Data protection

The pri­va­cy state­ment of localsearch as amend­ed from time to time, avail­able on the Ser­vice in ques­tion and at www.localsearch.ch shall apply.

localsearch may pro­vide infor­ma­tion regard­ing oth­er prod­ucts or ser­vices of localsearch to Users (e.g. in the form of a newslet­ter or by let­ter). If Users no longer wish to receive such mes­sages from localsearch, they may unsub­scribe at any time by email to customercare@localsearch.ch, by let­ter or by tele­phone using the con­tact details list­ed at www.localsearch.ch.

7. Lia­bil­i­ty

To the extent per­mis­si­ble by law, any lia­bil­i­ty of localsearch vis-à-vis Users in con­nec­tion with the use of the Ser­vices is exclud­ed. Users shall note, in par­tic­u­lar, that localsearch is not liable for any Con­tent pub­lished by oth­er Users on the Ser­vices pro­vid­ed by localsearch as well as for con­tent of oth­er web­sites or mobile apps referred to by the Ser­vices. Like­wise, localsearch is not liable for any Third-Par­ty Services.

Users under­take to ful­ly indem­ni­fy localsearch against all third-par­ty claims that can be attrib­uted to a breach of these Terms and Con­di­tions of Use.

8. Breach of the Terms and Con­di­tions of Use

In the event that these Terms and Con­di­tions of Use are breached, localsearch shall be enti­tled to block or refuse a User’s access to the Services.

9. Final provisions

localsearch reserves the right to amend the Terms and Con­di­tions of Use from time to time. The applic­a­ble ver­sion shall be the cur­rent ver­sion as amend­ed from time to time, as is made avail­able at www.localsearch.ch.

Should one or more pro­vi­sions be void or inef­fec­tive, this shall not affect the valid­i­ty of the remain­ing provisions.

These Terms and Con­di­tions of Use shall be sub­ject to Swiss law to the exclu­sion of the con­flict of law rules.

The exclu­sive legal venue for all dis­putes aris­ing out of or in con­nec­tion with these Terms and Con­di­tions of Use shall be the reg­is­tered office of Swiss­com Direc­to­ries AG (Zurich, Switzerland).

Swiss­com Direc­to­ries Ltd, Octo­ber 2020