These Terms and Conditions apply to the Swiss Startup Association, (the “SSA”). The SSA owns and operates www.swissstartupassociation.ch. The SSA acts as an umbrella organization of the Swiss startup ecosystem in Switzerland. The SSA provides services free of charge and against payment in connection with the development of a nationwide network of startup companies, Startup Support Organizations, investors, foundations and educational institutions and governmental authorities.These general terms and conditions apply to the above-mentioned areas as well as to other services which the SSA provides directly and indirectly to the members and partners.
Conclusion of contract
The conclusion of the contract comes about through the acceptance of the offer of the SSA regarding the purchase of services or licenses by the member or partner. The contract is also concluded when the member or partner makes use of the services offered by the SSA or purchases or uses services of the SSA.
Prices
Subject to other offers, all prices are quoted in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT). The SSA reserves the right to change prices at any time. The prices are valid at the time of the conclusion of the contract on the website. For the member or partner the prices valid at the time of the conclusion of the contract are valid.
Payment
The member or partner is obliged to pay the invoiced amount within 30 days of the invoice date. Unless the member or partner has already paid the amount during the ordering process via credit card. If the invoice is not paid within the aforementioned payment period, the member or partner will be reminded. If the member or partner does not pay the invoice within the set reminder period, he is automatically in default. The SSA reserves the right to demand payment in advance at any time without giving reasons. Offsetting the invoiced amount against any claim the member or partner may have against the SSA is not permitted. The SSA has the right to refuse service in the event of late payment.
Obligations of the SSA
The SSA gives the Swiss startup ecosystem a collective voice in society, business and politics. Startups face very different challenges than those of the established companies. The SSA is committed to creating the best possible environment for the development of entrepreneurs and startups because the SSA believes it benefits our entire society.
The SSA represents the interests of the startups and entrepreneurs vis-à-vis politics, business and the public. The SSA sees itself as an umbrella organization to represent the different startup across industries, regions and organizations.
Unless otherwise agreed, the SSA shall fulfil its obligation by providing the agreed service.
Obligations of the member or partner
The member or partner:
- is obliged to exercise the rights of use only to the extent granted.
- is fully responsible for the secure storage of his access data and passwords.
- is responsible for the content of the recorded data and information.
- is obliged to immediately take all precautions necessary for the provision of the service by the SSA
- has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and documents to the SSA.
- is obliged to cooperate comprehensively and promptly.
- shall provide the SSA with any and all documents required in connection with the provision of the service unsolicited, completely and correctly.
By accepting these Terms and Conditions of the Swiss Startup Association, the member or partner also confirms that he has unlimited capacity to act and is of legal age. By registering, the member or partner expressly declares that all information provided is true, up-to-date and in accordance with the rights of third parties, good morals and the law.
The SSA assumes that the information and documents supplied are correct and complete and comply with the statutory obligations to cooperate and provide information. The SSA shall only be responsible for checking the correctness of the member or partner information, documents and figures if this has been agreed in writing in advance.
The SSA is entitled to control the behaviour of the member or partner in connection with the use of the website. In particular, the SSA is entitled to check the legality of content entered by the member or partner on the website at any time.
Resignation
Both parties have the right to withdraw from the contract at any time. The withdrawing party shall pay in full the expenses already incurred by the other party. Withdrawal at inopportune times is not permissible. The costs caused by the withdrawal will be charged to the member or partner. The member or partner will be informed of the exact amount when the contract is concluded.
Warranty
The SSA makes every effort to ensure that the website is readily available and takes reasonable precautions to protect the website from interference by third parties. The SSA does not guarantee the accuracy, completeness, reliability or quality of the information and documents published or transmitted. Furthermore, it cannot give any warranty for non-spamming, harmful software, spyware, hackers or phishing attacks, etc. which impair the use of the service, damage the infrastructure (f. ex. terminal devices, PC) of the member or partner or otherwise damage him. The SSA cannot guarantee the accuracy, completeness, reliability or quality of the information and processes made available, published or transmitted, or the results of the work on the services. Any problem or defect must be reported to the legal contact immediately.
Liability
The liability for any indirect damages and consequential damages is completely excluded.
Liability for direct damages is limited to the sum of the service, product or license purchased by the member or partner. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The member or partner is obliged to report any damage to the legal contact immediately. Any liability for auxiliary persons is completely excluded.
Intellectual property rights
The SSA is entitled to all rights to the services and possible trademarks or is entitled to their use by the owner. Neither these general terms and conditions nor the associated individual agreements have the transfer of intellectual property rights as their content, unless this is explicitly mentioned. In addition, any further use, publication and making accessible information, images, texts or other material received by the member or partner in connection with these provisions is prohibited, unless explicitly approved by the SSA. If the member or partner uses contents, texts or pictorial material in connection with the SSA on which third parties have a property right, the member or partner must ensure that no property rights of third parties are infringed.
Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.
Confidentiality
Both parties undertake to treat confidentially all information submitted or appropriated in connection with the services. This obligation shall remain in force even after termination of the contract.
Applicable law/place of jurisdiction
These Terms and Conditions of the Swiss Startup Association are subject to Swiss law. If no mandatory legal provisions take precedence, the court at the registered office (Kanton of Zürich) of the SSA shall have jurisdiction.
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Simon Furer