GENERAL TERMS AND CONDITIONS HITCHHIKE® USUS GMBH
The provision of all the services offered by HitchHike will take place on the basis of these General Terms and Conditions, which form an integral component of all contracts with HitchHike. The users of the service become contractual partners and will hereinafter be referred to as Users and confirm that they are at least 18 years old and are fully contractually capable and that they recognise these General Terms and Conditions.
1 Subject of the contract
HitchHike will provide Users (hereinafter for reasons of readability, the use of the female form will be waived) with software to create and manage car shares, as well as supplementary offers. The service can be made available via various end-devices. In accordance with the description of the services, additional information is accessible on the websites of HitchHike (e.g. www.hitchhike.ch). In principle it is forbidden to hire out the services used to a third party (unless a special agreement has been reached).
By registering for offers provided by HitchHike, a binding contract on the use of the services comes into existence between usus GmbH (hereinafter referred to as «usus») and the User in accordance with the current General Terms and Conditions. The contract is concluded for an indefinite period. Each party has the right to terminate the contractual relationship without indicating any reasons at any time and without satisfying a period of notice.
In principle the use of the services of HitchHike is free of charge for Users. The User will be informed of any future services for which there will be a charge at the appropriate time.
The User is responsible for all the content produced or published by him via his access code or by a third party himself. This could for example occur through communication and an exchange of information with other Users. usus exercises no control over the information content of the Users.
5 Exclusion of liability
usus is entitled to block unauthorised User accounts or misuse of User accounts immediately and without any prior notice. The User undertakes to use HitchHike only in accordance with instructions from usus and is liable for losses, which he causes HitchHike or usus or other participants in HitchHike through inappropriate use of the software.
6 Data security
usus is not responsible for data security regarding files saved on HitchHike. Insofar as data is transmitted on HitchHike, the User will produce back-up copies. This also applies to the extent necessary for data generated and used within his presence by other Users.
User data, as well as all the services offered will be treated confidentially and processed on Swiss servers. This service-provider and supplier of hosting and operations is subject, similarly to usus, to the Swiss Federal Data Protection Acts, as well as the provisions of data security, its implementation regulations and corresponding legal norms. All the data and communication meta data are additionally subject to business secrecy.
7 Data protection
All personal data will be treated confidentially and not passed on to a third party. HitchHike uses saved or collected information and data exclusively to prepare the range of services offered and the latter's further development, as well as for marketing purposes (notification of competitions, events, surveys or provision of general information and product information).
The following data will be collected and saved by usus only if the User has given consent for this.
- Membership in the community
- Sending of more extensive information
- Personal information
- Subscription to Newsletters
- Participation in competitions, voting
- Participation in electronic payment procedures
Depending on the situation, the name, address, gender, date of birth, place of residence, post code, photo, destinations of the trips, bank details, type of payment and email address will be collect and saved. Data can be collected and saved in accordance with the relevant procedures for electronic payment procedures.
Links to other websites
The websites linked through HitchHike services or websites, which offer links to a third party, are completely out of the sphere of influence of usus, which is why usus assumes no responsibility for the accuracy, completeness and legality of the content of such websites as well as for any offers and services contained on the latter. The creation of links to these websites or other websites takes place at the User's own risk.
By accepting these General Terms and Conditions, Users grant usus consent for the conditions which have been described to use the service.
usus will collect only data, which is required so that Users can participate in this service and so that usus can provide the range of services and develop it further. Should a User not give his consent, then he will not be able to benefit from this service.
After consent from the User has been obtained, HitchHike is entitled to collect, process and use personal data as well as profile data and demographic data for the following purposes:
- Inclusion in a list of registered users,
- Sending information about the services and offers of HitchHike,
- Adjustment of the offers and services of HitchHike through their personalisation for the User to improve and adjust these services and advertising to interested parties and preferences of the User as well as for the purpose of market research.
In addition to this data, HitchHike can collect, save and assess data in a pseudonymised form, insofar as the User has not expressly objected to this, with the aim of making the range of services more interesting and attractive for Users.
This data concerns the Internet browser and operating system used; the domain name of the incoming website, the number of visits, the average time spent there, the pages called up etc.
The web analysis service will use the information transmitted to assess users' behaviour on the service and compile reports on activities to improve the functionality and range of services.
The assessment and preparation of this data takes place exclusively in Switzerland, on Swiss servers, as already mentioned in the "Data security" section.
Additional information on the Piwik web analysis tool can be found at www.piwik.org and at de.wikipedia.org/wiki/Piwik.
Statistical data modelling
Data, information and reports, which were drawn up through data modelling, can be transferred/made available to business partners in an anonymous form without any possibility of drawing conclusions about the identity of individual persons.
Insofar as advertising takes place by usus for other companies or other services offered, this advertising will be labelled as such.
Cookies / Web analysis service (e.g. Piwik)
HitchHike uses so-called cookies, small text blocks, when Users visit or use the websites and digital services. These cookies are archived on the computers of Users. This makes it possible to adjust the websites and digital services to the requirements and interests of visitors.
Right of withdrawal
The User can at any time withdraw consent for the collection and storage of personal data by HitchHike. If required, this can take place by means of an email to info at hitchhike.ch or via the contact form on the Corporate website.
Additional information on data protection
If the User voluntarily makes personal information accessible online (e.g. in chat rooms, by email, in forums, social media), this information can be collected and used by a third party. This applies to all content on the Internet.
8 Access authorisation
The User will receive a personal login with a password to manage his account. He is obliged to treat this confidentially, and is liable for every misuse, which stems from unauthorised use of the password. It is therefore forbidden to pass on the personal login or parts of the latter free of charge or commercially to a third party.
9 Availability / Maintenance
In general, the service of HitchHike is available 24 hours per day on 7 days of the week. However, no liability is assumed for uninterrupted availability of the services. Any liability of usus for downtime, loss of data, interrupted data transmissions, theft of data or other problems in this connection is expressly ruled out.
10 Technical changes
If there are technical changes to the services of HitchHike, the latter will be published in a suitable form such as through user information via a Newsletter, email, user profile and/or on facebook.com/hitchhike.ch and made accessible to the User. The User himself is exclusively responsible for any changes made on the User's page and any resulting costs.
11 1 Miscellaneous
These General Terms and Conditions replace all other previous General Terms and Conditions between usus and Users of HitchHike offers. If the User breaches one or more of the above-mentioned agreements, usus is entitled to terminate the contract without notice. Changes to the General Terms and Conditions will be notified to the User in a suitable form and are considered approved as soon as offers are used for the first time after publication. Insofar as nothing to the contrary is stated by usus, these General Terms and Conditions (including any possible amendments) also regulate future offers (e.g. upgrades, function expansion, additional services).
The place of jurisdiction is Lucerne City, Canton of Lucerne, Switzerland.
Should a provision of the contract be or become ineffective or should the contract be incomplete, the remaining content of the contract will not be affected by this. The ineffective provision will be replaced by a provision, which is as close as possible to the economic meaning and purpose of the ineffective provision in a legally effective manner. This also applies to any contractual loopholes.
Luzern, Januar 2017 - © usus GmbH, HitchHike®