Terms and Conditions (GTC)
Status: Zurich, June 2022
I. GENERAL RULES
1. These General Terms and Conditions of Seniors Group GmbH, Neubadstrasse 122, 4054 Basel Switzerland (hereinafter "SENIORS GROUP"), regulate the rights and obligations of customers (hereinafter "CUSTOMERS") who have their data entered on the SENIORS GROUP platform and offer their services via the SENIORS GROUP internet platform "www.seniorsatwork.ch" (including all subdomains).
On the other hand, these General Terms and Conditions regulate the rights and obligations of the clients (hereinafter "CLIENT") of the Internet platform "www.seniorsatwork.ch" (including all subdomains) of SENIORS GROUP, who use the services of the CUSTOMERS.
2. A contract is concluded between the CUSTOMER/CLIENT and SENIORS GROUP by completing the creation of a senior citizen profile or publishing an order for senior citizens on the internet platform "www.seniorsatwork.ch". The General Terms and Conditions are an integral part of all contracts between the CUSTOMER/CLIENT and SENIORS GROUP. Payments, remuneration, service and guarantees, insurance, etc. of the order are the responsibility of the parties.
3. SENIORS GROUP reserves the right to change these terms and conditions at any time and without stating reasons. The changed conditions will be sent to registered CUSTOMERS and CLIENTS by email at least two weeks before they come into effect. If a CUSTOMER or CLIENT does not object to the validity of the new terms and conditions within two weeks of receiving the email, the changed terms and conditions are deemed to have been accepted. SENIORS GROUP will specifically inform CUSTOMERS and CLIENTS of the importance of this two-week period in the email containing the changed conditions.
4. The CUSTOMER accepts these terms and conditions when registering online by clicking the checkbox («opt-in function») with an X confirmation. The CLIENT accepts these terms and conditions when placing an order.
II. SERVICES OF SENIORS GROUP
5. SENIORS GROUP provides a platform in which CUSTOMERS can enter their name, age, profile picture, language, offer/services, etc. themselves through a personal account. The scope of the profile and the possible information depends on the CUSTOMER's respective account. In addition to the basic settings, SENIORS GROUP can make further offers to the CUSTOMER (further memberships). With the help of the seniors@work internet platform, CUSTOMERS have the opportunity to make their offer/service known to other internet users and interested persons or organizations and to get in touch with interested parties.
6. Furthermore, CLIENTS have the option of placing targeted orders in order to search for contractors or CUSTOMERS.
7. A service contract between the CUSTOMER and the interested CLIENT is negotiated and concluded solely between these two parties. SENIORS GROUP does not act as a recruitment agency, nor does SENIORS GROUP hire out its own personnel.
8. The entries in the directory are sorted either by publication date, distance from the address entered by the Internet user or by a random pattern. SENIORS GROUP reserves the right to change these rules at any time.
9. The CUSTOMER and the CLIENT are responsible for keeping the access data to their account secret and not making it accessible to third parties. If the access data is lost or disclosed to third parties, the customer or client must immediately inform SENIORS GROUP, which will block the access data and send the CUSTOMER or CLIENT new access data for their account.
10. SENIORS GROUP expressly reserves the right to change, add to, delete or discontinue parts or the entire website without notice.
III. OBLIGATIONS OF THE CUSTOMER & CLIENT
11. The offer to create a profile on the platform is exclusive to customers who are at least 50 years old. The CUSTOMER must take this fact into consideration. He acknowledges and agrees that the Internet platform is financed through advertising revenue, among other things, and that advertising is published on the Internet platform for this purpose.
12. CUSTOMERS have the option of choosing between basic and premium memberships. With Premium, the CUSTOMER benefits from various advantages such as better placement in search results. Memberships can be taken out for 6 or 12 months and are paid annually in advance. Memberships are NOT automatically renewed. For CLIENTS, a distinction is made between private (individual, family, student, etc.) and professional (association, startup, NGO, SME, company, etc.) CLIENTS. There are various monthly packages for CLIENTS with a term of 1 to 6 months. The respective costs are explicitly stated on the website. Free offers are also possible if specified.
13. The CUSTOMER and the CLIENT undertake not to make any illegal or immoral entries on their account, on their behalf or in the context of messages via the contact form, or to offer or seek illegal or immoral services (e.g. no untruthful information, no racist, discriminatory, pornographic, violent or other content that violates mandatory law, no violation of the privacy of others, no incitement to illegal acts, etc.). In addition, both the CUSTOMER and the CLIENT are solely responsible for the content of their profile, offer, order or message, in particular with regard to the truthfulness of their information and with regard to company, trademark, competition and personal rights issues. SENIORS GROUP is not obliged to check the content of the entries.
14. SENIORS GROUP may reject, correct or immediately remove from the Internet platform any profiles, offers, orders and communications that are inaccurate or misleading, contrary to public interests, serve an illegal purpose or are, in the opinion of SENIORS GROUP, immoral or defamatory or that could harm the feelings and well-being of other CUSTOMERS and CLIENTS.
15. The CUSTOMER and the CLIENT are prohibited from offering or requesting goods of any kind on the platform, placing advertisements for services or offers from third parties or placing direct or indirect links to such services or offers. It is also not permitted to collect the data available on the Internet platform and use it for purposes that do not correspond to the spirit and purpose of the SENIORS GROUP Internet platform or that conflict with the interests of SENIORS GROUP.
16. The CUSTOMER/CLIENT is responsible for ensuring that any (social) insurance contributions, taxes and duties incurred for his activities are correctly settled. Any accident and liability insurance relating to the activities/services of the CUSTOMER and CLIENT is also the responsibility of the CUSTOMER/CLIENT.
17. If the CUSTOMER or CLIENT violates his or her aforementioned obligations, SENIORS GROUP expressly reserves the right to immediately deactivate the account or delete the order.
IV. LIABILITY OF SENIORS GROUP
18. To the extent permitted by law, SENIORS GROUP disclaims all liability. In particular, SENIORS GROUP is not liable for profiles, offers and orders made by CUSTOMERS and CLIENTS, as well as for messages sent via the contact form. In the case of incorrectly transmitted profiles, offers and orders, as well as messages sent via the contact form, SENIORS GROUP is only liable for proven damage and only if the CUSTOMER or CLIENT proves that SENIORS GROUP caused the damage intentionally or through gross negligence. SENIORS GROUP also accepts no liability for services undertaken and provided by CUSTOMERS.
19. Liability for lost sales of CUSTOMERS and CLIENT, Internet malfunctions, misuse by third parties and loss of data on the CUSTOMER's information system or directory is also excluded.
20. SENIORS GROUP is generally not liable for technical problems. In particular, SENIORS GROUP is not liable for the temporary unavailability of the website/internet platform, the failure of individual or all functions or for malfunctions.
V. TERMINATION OF THE CONTRACTUAL RELATIONSHIP
21. The contract between the CUSTOMER/CLIENT and SENIORS GROUP is concluded for a specific period of time and does not require termination.
22. In the case of paid offers for the CUSTOMER/CLIENT, the offers are concluded for the minimum period according to the duration of the package described (1, 3, or 12 months) and end without notice after this period has expired. SENIORS GROUP informs the CUSTOMER about the end of the contract before the expiry of the period and gives him the opportunity to extend the membership.
23. The paid publication of an order ends with the expiry of the publication period for the corresponding order.
24. For important reasons – in particular in the event of misuse of the platform or breach of duty by the CUSTOMER/CLIENT – SENIORS GROUP may terminate the contractual relationship at any time and without notice.
25. If the CUSTOMER or CLIENT would like to delete their account, they can send an email with the subject “Delete account” to info@seniorsatwork.ch. All account-specific data will then be deleted by SENIORS GROUP.
VI. DATA PROTECTION
26. All information and regulations regarding use by SENIORS GROUP are governed by the provisions of the Privacy Policy by SENIORS GROUP.
VII. INTELLECTUAL PROPERTY
27. The copyright and all other rights to content, images, photos or other files on the website belong exclusively to SENIORS GROUP GmbH or the specifically named rights holders. The written consent of the copyright holders must be obtained in advance for the reproduction of any elements.
28. References and links to third-party websites are outside our area of responsibility. We reject any responsibility for such websites. Access to and use of such websites is at the user's own risk.
29. The CUSTOMER and the CLIENT undertake not to use any copyrights or other intellectual property of third parties in an unlawful manner on the SENIORS GROUP platform. The CUSTOMER and the CLIENT hereby confirm that they will indemnify SENIORS GROUP for any claims by third parties that may arise from such unlawful use of intellectual property of third parties on the platform.
VIII. FINAL PROVISIONS
30. Should individual provisions of these General Terms and Conditions be invalid and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective and economic manner. The same applies to any gaps in the regulation.
31. All disputes in connection with the contractual relationship between SENIORS GROUP and a (current or former) CUSTOMER/CLIENT are subject exclusively to Swiss law. The place of performance and jurisdiction is the registered office of SENIORS GROUP, Basel, Switzerland.
