Our General Terms and Conditions
These General Terms and Conditions ("GTC") shall regulate the rights and obligations in connection with the products offered via the website www.ad4rail.com, incl. all sub domains, ("Marketplace"), as well as the contractual relationship between ad4rail.com LLC ("ad4rail") and the users of the offers of www.ad4rail.com ("Member").
2. Entry into Force and Amendment of GTC
By using the services and information offered by ad4rail on this website, the Member accepts the application of these GTC.
Any changes and additions to these GTC will require the written form and the consent of both Parties in order to become valid. Any amendments to the GTC will be communicated to the Members in due form. Here, ad4rail emphasizes the option to object. If a Member does not object to the new GTC, or if the Member does not login again onto the Marketplace, the amended GTC shall be deemed accepted and enter into force for that Member.
3. Principles of the Use of the Marketplace
3.1. Personal Responsibility for Use
The Marketplace allows Members to autonomously and responsibly initiate and mediate contracts among themselves. Any contracts that are subsequently concluded will only obligate and entitle the Members concluding the respective contract. ad4rail will not be obligated. The fulfilment of the contract concluded among the Members shall be the sole responsibility of the Members concluding the contract.
3.2. No Entitlement to Usage
There will be no entitlement to registration, membership, use of the Marketplace or claiming any services by ad4rail. ad4rail shall be particularly free, at any time, to refuse a registration, to warn or to exclude a Member, to prohibit a use or to discontinue a service.
3.3. Published Content, Offers and Bids; Categories
ad4rail shall be entitled, at any time, to delete individual deals, bids and text and image material on the Website without further inquiry and without providing a reason. This is particularly true for offers that were set in an incorrect Marketplace Category, tenders that are obviously not serious, and text or image material that could violate the rights of third parties. Corresponding deletions cannot lead to any claims against ad4rail.
ad4rail is also entitled, at any time, without notice and justification, to rename offer categories, as well as divide, merge, abolish or introduce new ones, and to move current offers according into another category, or to delete them.
3.4. Violation of GTC by a Member
ad4rail shall be entitled to warn a Member, if credible, concrete evidence indicates that this Member has violated these GTC.
ad4rail is especially entitled to warn a Member, if credible, concrete evidence exists indicating that the Member has wilfully violated its contractual obligations to another Member. The right to exclude a Member from membership shall be reserved.
4. Prices and Payment Terms
The respective current prices for listing packs are listed on www.ad4rail.com under "My Account / Sell / My Listing Packs". ad4rail reserves the right to adjust prices at any time.
4.2. Payment Terms
With the confirmation of a selected listing pack, the purchase price shall be due immediately. The Member will be asked by electronic invoice to pay the appropriate amount of ad4rail. The listing pack will only be activated once the Member has paid the price for the listing pack.
After appropriate warning, ad4rail shall be entitled to claim statutory default interest and an additional fine of CHF 50.00 per reminder. Moreover, the Member shall pay the damages to ad4rail caused by the delay in payment and / or the cancellation of the membership.
ad4rail additionally reserves the right to block the access of the Member if invoices are not paid in a timely manner. Upon full payment of all outstanding invoices, the block will be cleared.
5.1. Prerequisites of Membership
Membership shall be open only to legal entities in the railway industry.
Legal entities established abroad can use the market place like domestic legal entities.
Membership begins with the sending of an e-mail confirmation by ad4rail after registration and acceptance of the current version of the GTC and an examination of the information provided by an administrator.
5.3. Personal Details / User Name
When registering a legal entity, the name of the contact person, and the whole company name, must be indicated.
With changes to personal information, the Member is obliged to immediately add this to the personal account so that the information is complete and correct at all times.
The user name to be chosen by the Member must be neither obscene, derogatory or offensive in any way.
5.4. Termination by Member
Membership can be terminated at any time by way of a cancellation by email sent to firstname.lastname@example.org, insofar as the following conditions have been met: (i) The account balance of the Member is compensated (there is no balance in favour of ad4rail) and (ii) the Member is no longer offering any products.
5.5. Termination by ad4rail
For practical reasons (e.g. failure to comply with these GTC), or any other illegal or immoral behaviour of the Member, ad4rail can cancel membership at any time and without notice, without claims of the Member arising against ad4rail. The termination charges, fees and other compensation arising for ad4rail are still owed by the Member.
6. General Obligations of Members
6.1. Confidentiality of Access Details
Members are obliged to keep the password communicated by ad4rail or created by them secret, and secure access to their account carefully.
6.2. Intellectual Property Rights and Personal Rights of Third Parties
Offers, texts and pictorial representations published by Members may not, in any form, harm the intellectual property rights or personal rights of any third party. In particular, they must not be abusive, obscene, defamatory, harassing, malicious, disparaging, derogatory, or damaging to reputation.
7. Obligations of the Sellers
7.1. No Sale of Prohibited Articles
Sellers are prohibited from offering products or services whose provision, sale, purchase or use is illegal or immoral. ad4rail reserves the right to delete such offers and, if necessary, to inform the relevant authorities.
7.2. Power of Disposition over the Product Offered
The Seller may only offer products in respect of which he/she is authorised to do so.
7.3. Truthful Information about the Product
The Seller is obligated to provide truthful information about the offered product or service that is not misleading or dishonest. Likewise, the Seller has to indicate any defect of the product in full.
8. Relationship Seller and Buyer
The fulfilment (processing) of the Contract between the Seller and Buyer shall be governed by the respective conditions agreed between these Parties. This applies, in particular, to the maturity of the individual contractual services, or for any warranty or other liability claims.
8.2. Position of ad4rail upon the Conclusion of the Contract between Seller and Buyer
ad4rail is not a Party to the Contract between the Seller and the Buyer. The conclusion of the Contract shall be a matter of the Buyer and Seller. Furthermore, ad4rail does not guarantee that members will behave according to the principles of good faith, when trading via the marketplace.
ad4rail, its agents, employees or assistants are in no way responsible for risks associated with the preparation and conclusion of business, or will be liable in any way for any damages arising from these. a4rail assumes no guarantee for the performance of sales contracts, it does not ensure that members comply with their other, possible, individually existing contractual obligations, and accepts no liability for material defects or defects of the goods traded.
The Buyer shall not incur any cost through the use of the marketplace.
The Seller must pay a one-off subscription fee which also includes one classified ad for the marketplace. To post more ads, the seller must purchase some listing packs. A listing pack consists of a certain number of product/service listings during a defined period of time. Without any prior notice of termination in due course, the listing pack will be automatically extended to the next defined period of time. Should the Seller cancel in due time the automatic extension of the listing pack, the published ads and job openings will expire without any compensation.
Furthermore, a fee for translations or for the purchase of banners may be incurred by the Seller, should he/she opt to use such options.
10. Disclaimer and Indemnity
ad4rail is liable only for direct damages caused by its own intentional or grossly negligent actions. Liability for ad4rail for direct damages caused by slight and medium fault based on whatever legal reason is explicitly excluded.
10.2. Technical Malfunctions, Maintenance
ad4rail is liable only for gross negligence and intentionally caused temporary unavailability of the site, failure of individual or all site functions, or malfunctions of the site.
The risk of tampering with the IT system or the improper use of access permissions shall be borne by the Members of the marketplace.
The marketplace may have limited availability, for maintenance or other reasons, at certain times without the members being entitled to claim against ad4rail.
10.3. Members and Third Parties
ad4rail especially is not liable for damage to Members or to third parties as a result of the behaviour of other Members or third parties in connection with the use or misuse of the marketplace.
10.4. Content on the Marketplace
ad4rail accepts no liability for the truthful and otherwise correct configuration of services, the quality of the products offered, or the right of disposal of the Members.
ad4rail provides no guarantee for the accuracy, legality, timeliness or completeness of content on websites that are accessible via a link on the marketplace, and excludes all liability in connection thereto.
If other Members, users or any third party make claims against ad4rail because of the violation of their rights through offers or contents published by a Member, or by any other use of the marketplace by Members or users, this Member or this user shall free ad4rail from all claims and will also assume the costs of the legal defence of ad4rail (incl. court and attorney fees).
11. Data Protection
The Member acknowledges and agrees that the processing and storage of customer data (personal details, address, phone number, e-mail etc.) is required as part of the contractual relationship between the Member and ad4rail.
ad4rail treats this data as confidential and complies with the provisions of Swiss data protection legislation. ad4rail only collects the necessary business data in the context of concluding business. There will be no forwarding to third parties for advertising purposes.
Should individual provisions of these GTC be wholly or partially invalid and / or unenforceable, the validity and / or effectiveness of the remaining provisions or parts of such provisions remains unaffected. The invalid and / or ineffective provisions shall be replaced by those that come economically closest to the meaning and purpose of the invalid and / or ineffective provisions, in a legally effective way. The same shall apply to any loopholes in the regulation.
13. Prohibition to Set Off and Assign
The Member is not entitled to offset his/her claims with the claims of ad4rail.
The Member may neither transfer the contractual relationship with ad4rail nor individual claims from the contractual relationship with ad4rail to a successor, without the written consent of ad4rail.
14. Applicable Law and Jurisdiction
All disputes in connection with these GTC between ad4rail and a (current or former) Member are subject to Swiss law, excluding international conflict of laws.
Jurisdiction, unless otherwise provided by law, shall be the registered office of ad4rail. ad4rail shall also be entitled to prosecute the Member or former Member at its registered office.
In the case of inconsistencies between the original version of the GTC in German and this English translation, the German version shall prevail.
Online version, as at [01.06.2016]
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