Terms and Conditions

General Terms and Conditions of Yilmaz Services

1. Scope

These general terms and conditions ("GTC") apply to the entire business area of Yilmaz Services (hereinafter "company").

The company operates online platforms and is aimed on the one hand at users who want to record and publish advertisements and other advertising for services that they offer and provide independently and independently of the portal. On the other hand, the company is aimed at users who can call up advertisements for services on the platform and contact the respective providers.

All users of the online platform, both providers and visitors to the website, are defined below as customers.

2. Conclusion of contract

The conclusion of the contract comes about through the acceptance of the company's offer regarding the purchase of services by the customer. Consequently, the customer is already subject to these GTC when he registers on the online platform.

In any case, the contract is concluded when the customer uses the services offered by the company.

3. Prices

Subject to other offers, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable Value Added Tax (VAT) and exclusive of any other applicable taxes.

The company reserves the right to change prices at any time. The prices valid at the time the contract was concluded apply.

If a commission has been agreed, this will be owed by the company upon fulfillment of the obligations. Whether the end customer pays the customer has no influence on the origin and due date of the commission; the fulfillment of obligations by the company is relevant.

4. Payment

The company offers the customer the following payment options:

• Credit card
• Post Finance
• TWINT
• Phone Payment (phone call, SMS, Easypay, Direct Carrier Billing - DCB, PCP)

If the invoice is not paid within the aforementioned payment period, the customer is automatically in default. If no express payment period is specified, payment is due immediately.

From the time of default, the customer owes default interest of 5% (per cent).

The company reserves the right to demand prepayment at any time without giving reasons.

Setting off the invoiced amount against any claims the customer may have against the company is not permitted.

The company has the right to refuse delivery or service in the event of late payment.

5. Refund, Cancellation, and Credit Transfer

5.1. Account Closure

A customer can close their profile/account at any time by sending an email to customer service at [email protected].

5.2. No Refund Claim

There is no claim for a refund of credit (cash balance and credits) located on the customer's profile if the profile is deleted or deactivated. Additionally, the customer has no right to a refund of credit that they have loaded onto their profile. This applies both to deposits made using the payment methods mentioned in section 4 and to credit added via vouchers.

5.3. Service Cancellation

For services that have already been booked, there is no claim for a refund if the service was not used by the customer or if the customer cancels the service.

5.4. Exceptions to Refunds

In exceptional cases, the company may consider a refund. If you believe you have a valid claim for a refund, please contact [email protected].

5.5. Credit Transfer

The transfer of credit that is located on a customer's profile to another profile is not possible.

6. Age limit and protection of minors

By accepting these General Terms and Conditions, the customer confirms that he has reached the required age limit to obtain the services offered by the company and is therefore of legal age. Young people are therefore not authorized to use the company's website.

The Company does not condone pornographic video or imagery; In this regard, the company works with various providers such as the «rta label» and «yoti».

7. Company obligations

7.1. Provision of services

Unless otherwise agreed, the Company will fulfill its obligation by providing the agreed service. If no further provisions are agreed, the place of performance shall be the company's registered office.

7.2. Helpers

The parties have the express right to call in auxiliary persons to fulfill their contractual obligations. You must ensure that the auxiliary person is consulted in compliance with all mandatory statutory provisions and any collective employment agreements.

8. Customer Obligations

The customer is obliged to immediately take all precautions that are necessary for the provision of the service by the company. Depending on the circumstances, this may include providing the Company with appropriate information and documentation.

The customer also undertakes to only publish truthful information on the company's online platform and to be able to fulfill the service offered by him at any time as long as he uses the company's online platform.

The customer is also obliged to keep his access data secret and to ensure that third parties do not gain access to them.

9. Warranty

The company guarantees to carry out the agreed services in a quality customary in the industry.

10. Liability

Liability for any indirect damage and consequential damage is completely excluded.

The customer is obliged to report any damage to the company immediately.

Any liability for auxiliary persons is completely excluded.

11. Intellectual Property Rights

The company owns all rights to the products, services and any trademarks or is authorized to use them by the owner.

Neither these GTC, nor any associated individual agreements have the transfer of any intellectual propertyrights to the content, unless this is explicitly mentioned.

In addition, any further use, publication and making accessible of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless it is expressly approved by the company.

If the customer uses content, texts or images in connection with the company to which third parties have property rights, the customer must ensure that no third-party property rights are infringed and confirms by accepting these terms and conditions that they own the corresponding intellectual property rights ( all copyrights, sound, image etc.).

12. Privacy Policy

The company may process and use the data recorded as part of the conclusion of the contract to fulfill the obligations arising from the contract. The company takes measures that are necessary to secure the data in accordance with the statutory provisions.

The customer fully agrees to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled by order of courts or authorities to disclose information from the customer to these or third parties. If the customer has not expressly prohibited it, the company may use the data for marketing purposes. The data required for the performance of the service can also be passed on to commissioned service partners or other third parties.

13. Changes

These general terms and conditions can be changed by the company at any time.

The new version will come into effect 10 (ten) days after the company has published it on the website (https://6love.ch/terms).

The version of the General Terms and Conditions that is in force at the time the contract is concluded applies to customers. Unless the customer has agreed to a newer version of the GTC.

14. Priority

These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts, which specify the provisions of these terms and conditions, take precedence over these terms and conditions.

15. Severability Clause

Should a provision of this contract or an enclosure to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties will replace the ineffective provision with an effective provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.

16. Confidentiality

Both parties, as well as their assistants, undertake to treat all information submitted or appropriated in connection with the services as confidential. This obligation remains even after the termination of the contract.

17. Force Majeure

If the timely fulfillment by the company, its suppliers or third parties engaged as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes , nuclear accidents or reactor damage is impossible, the company is released from fulfilling the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the company can withdraw from the contract. The company must reimburse the customer in full for any payment already made.

Any further claims, in particular claims for damages as a result of vis major are excluded.

18. Specific Provisions

Software License:

The company grants the customer the right to use the software for the agreed period of time. The license is non-transferable and non-exclusive and limited to the function and scope according to the product description. Even after paying the license fee, the software remains the property of the company.

The customer may only use the software for the agreed number of servers. Except for the copy required for backup, copying is prohibited. The customer is prohibited from copying, reproducing, sublicensing or otherwise transferring or duplicating the software or related documents or computer programs or transferring them to third parties.

Furthermore, Customer is prohibited from modifying, decompiling, disassembling or creating new software from any part of the Software or any related documents or computer programs without the Company's written consent.

The customer is obliged to always use the current version of the corresponding software. Furthermore, the customer is prohibited from making any uRemove or alter any copyright notices on the Software or related documents or computer programs. The copyright of the software remains fully with the company as the licensor and is not transferred to the customer. The customer is solely the licensee who is entitled to use the software in accordance with the contract.

The customer must ensure that the technical and actual requirements for receiving and using the services, data and content are met on his side. If these requirements are not met, this has no influence on the conclusion and continued existence of the contract between the customer and the company.

The customer undertakes to truthfully provide the personal data required when registering and to notify the company of any changes to the personal data.

Maintenance/Liability:

Likewise, claims for damages for loss of investments, for lost profits, for data loss, for software recovery, for idle times or for other lost production or working times and for price losses are completely excluded. This applies to all customer claims, regardless of the legal grounds. The company assumes no responsibility for external or indirect defects and consequential damage (e.g. damage from business failure, delay in information forwarding, due to viruses or line or system errors). Insofar as the company's contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the company.

The customer accepts inspections and maintenance by the company, which may temporarily affect the availability of some or all products. There may also be temporary delays in transmission when forwarding content and services from third parties. The company endeavors to keep downtimes as short as possible in the interest of the customer. The customer accepts proportionate impairments. The company is not liable for system failures of network operators, service providers, etc.

The company does not guarantee that the services will be accessible without interruption, that the desired connections can be made at all times, or that stored data will remain available under all circumstances. An interruption in the accessibility of the services for the customer does not lead to claims for damages.

Warranty:

The company warrants that the licensed software substantially conforms to the product specification and can be used as specified. A repair is only possible with the consent of the company. The company only accepts any modifications or improvements to the software based on a special agreement. The customer is not entitled to any customer support or upgrade activities from the company.

The company assumes no responsibility for the profitability of the licensed software and the businesses based on it. There is no guarantee that any profit can be made from the software in the short or long term. It is the customer's responsibility to control the individual transactions made using the software and to monitor their compatibility with their risk profile. The customer uses the program at his own financial risk and responsibility.

If any defects in the licensed software are found, these must be reported to the company in writing or by email within 3 days of downloading the software. The company is not liable for defects that have arisen as a result of incorrect handling, normal wear and tear or external influences (power failure, faulty hardware, etc.). In particular, the company is not liable for any loss of data. It is up to the customer's risk area to regularly back up their data and carry out any back-ups.

19. Applicable law / place of jurisdiction

These terms and conditions are subject to Swiss law. The court at the registered office of the company is responsible unless mandatory statutory provisions apply. The company is free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded.