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
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 (firstname.lastname@example.org).
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»).
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.
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 email@example.com, by letter or by telephone using the contact details listed at www.localsearch.ch.
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, www.local.ch and www.search.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