Terms and conditions of use
Providers publish their own content on the Sustainability Days digital hangout (hereinafter “digital hangout”). Visitors (hereinafter collectively “visitors”) can utilize this digital hangout to get information and to communicate with providers. Users who create a Sustainability Days account (hereinafter “account”) free of charge (hereinafter collectively “users”) can make use of additional functions. The account can also be created and/or used on various event websites that are associated with the digital hangout (hereinafter “event websites”) (e.g., the SmartSuisse event websites).
The digital hangout is operated by Swiss MCH Swiss Exhibition (Basel) AG (hereinafter “operator”). These terms and conditions of use regulate the rights and obligations of the operator as well as the user in connection with the digital hangout. Information pertaining to data protection can be found in the Privacy Policy.
Supplementary or further conditions – as well as other legal documents – may apply to offers and services of the events and their event websites. Any consent required for this purpose is obtained directly from the users.
1. Functions and services
1 .1 The operator provides the digital hangout to visitors and users for viewing. The individual functions and services eventuate from the availability when visiting and using the digital hangout, and from any information that the operator has published about individual functions and services. In this context, there is no entitlement to use the digital hangout or specific functions and services.
1.2 The operator enables visitors to create a user account free of charge. With their account, users can, among other things, specify their interests. Based on these interests, the operator informs users about new content via e-mail, instant messaging and other communication channels. Users can opt-out of these notifications at any time.
1.3 An account can also be created and/or used directly on event websites. As a result, functions such as interest-based recommendations for planning event visits or contact options with providers can be used.
1.4 The operator is entitled to commission or involve third parties for individual functions and services in connection with the digital hangout. The operator is entitled to completely modify and further develop the digital hangout, or to adjust individual functions and services. The operator shall inform users about major changes in a suitable manner.
2. Account
2.1 A visitor who creates an account as a user must always use complete and truthful information. Registering with incorrect or fictitious information is prohibited. The operator is entitled – also retrospectively – to verify user information or have it verified by third parties, and to request additional information from users.
2.2 Registration is limited to users who are actionable natural persons. Users must be 18 years or older, unless they have the express consent from a legal representative for registration. Users are obligated to treat their access data for the digital hangout confidentially, and to only use these data themselves.
2.3 Users can have their account deleted at any time by sending an e-mail to info@smartsuisse.com.
3. Use
3.1 Users shall only use the digital hangout for the intended purpose and in accordance with the law.
3.2 Users are obligated to only create or publish their own content, which is legally compliant, for example when contacting providers. In particular, users shall not publish any discriminatory, incorrect, misleading, racist, harmful, criminal or precarious content. Using the digital hangout for unwanted or otherwise inadmissible advertising (“spam”) is prohibited.
3.3 Collecting or publishing content that violates intellectual property rights, personal rights or other third-party rights is prohibited – for example images that violate the right to one's own image or the copyright of third parties. Users must assume that the content published by the operator, providers and other users is protected by copyright as well as by other means.
3.4 The operator is entitled at any time to block access of individual users to the digital hangout immediately if these terms and conditions of use are violated or if there is suspicion of illegal or improper use. In such cases, the operator can issue the users in questions with a warning at its own discretion, but is not obligated to do so.
3.5 Using the digital hangout may be temporarily, partially or completely impossible, in particular on account of technical issues. In particular, the operator can interrupt access to the digital hangout to carry out maintenance work. The operator endeavors to ensure the highest possible availability of the digital hangout, but cannot guarantee this.
3.6 The operator is not obligated to monitor the behavior of users and providers on the digital hangout platform. In particular, the operator is not obligated to check the legality or other admissibility of content posted by users and providers. The operator assumes no liability for the content posted by users and providers. If there are inquiries, complaints or other information from third parties relating to presumably non-compliant or otherwise inadmissible content, the operator follows the Swiss Code of Conduct Hosting (CCH).
4. Liability
4.1 The operator is liable for direct damage that was due to its own grossly negligent or intentional behavior. Any further liability of the operator for direct damage is expressly and completely excluded. Any liability of the operator for indirect damage and consequential damage, for claims of other users or any third parties, as well as for lost profits is expressly and completely excluded. Any liability for supporting workers is excluded.
4.2 Users are expressly and fully liable vis-à-vis the operator and any third parties, regardless of who is at fault, for all direct and indirect costs, and for damages arising from violations of these terms and conditions of use, or in connection with the digital hangout. This indemnification also includes claims by other users and any third parties. Affected users release the operator from all claims of other users and any third parties, and shall bear all costs – including attorney and court costs – as well as direct and indirect damage to the operator in this context.
4.3 The limitation of liability under these terms and conditions of use applies regardless of the legal basis. Any further mandatory liability, in particular due to gross negligence or intent, and in accordance with any applicable data protection law, remains reserved.
5. Final provisions
5.1 Automated access to the digital hangout, for example with bots, scripts or similar means, is prohibited. The operator can allow exceptions, for example for the use of programming interfaces.
5.2 The operator is entitled to change these terms and conditions of use at any time without having to state reasons. Users will be informed about major changes to these terms and conditions of use in a suitable manner.
5.3 These terms and conditions of use are exclusively subject to Swiss law with the exclusive place of performance and jurisdiction at the registered office of the operator, provided that the users concerned are not consumers. For complaints by consumers in disputes arising from consumer contracts, the court at the domicile or registered office of one of the two parties is deemed competent.