Use of appointment booking via Quap by private users

§ 1 General

1. The GTC apply to all services provided by Quick Technologies AG (hereinafter referred to as "provider") to the user (hereinafter referred to as "user"). Deviating provisions shall only apply if expressly agreed in writing between the provider and the user.
2. The General Terms and Conditions are binding if they are accepted by the user or if they are declared applicable by the provider in the offer, in the written or online booking or in the specific individual agreement.
3. The provider may amend these GTC at any time. The user must accept the GTC again before each appointment booking.

§ 2 Services, conclusion of contract & contracting parties

1. The provider lists service providers as an intermediary (intermediation system) with whom the user can make use of corresponding services or arrange appointments.
2. In the event of a booking, the service contract arises directly and exclusively between the service provider and the user. The processing of the service contract takes place exclusively between the service provider and the user. The service contract is subject to any terms and conditions of the service provider. In the event of a conflict, these shall take precedence over these GTC.
3. The provider is not a party to the contract and does not participate in the fulfillment of the contractual relationships, in particular the provider is not the representative of one or both parties.
4. The provider is not a party to the contract and does not participate in the fulfillment of the contractual relationships, in particular the provider is not the representative of one or both parties.

§ 3 Subject matter of the contract

1. The subject matter of the contract are the services specified by the user within the scope of the booking and stated in the booking confirmation at the final prices stated on the intermediation system. The right to make changes is reserved.
2. Any illustrations are for visual orientation and do not contain any binding or guaranteed information on the services offered.
3. If the user requires detailed information about a service or has doubts about a product or service description, he is encouraged to contact the service provider directly before making a booking.

§ 4 Acceptance of the GTCs & changes

1. The acceptance of the GTCs takes place at the final confirmation of the booking, shortly before the booking confirmation is sent. With the confirmation of the appointment booking, a contract is concluded between the service provider and the user. This is binding - subject to cancellation in accordance with Art. 6 of these GTCs.
2. By accepting the GTC, the user confirms that he/she is of age or confirms that his/her parents agree to the consumption of the services exceeding the pocket money.
3. For the appointment booking, the user must provide his full name and e-mail address as well as a telephone number. The user may not use pseudonyms, stage names or similar for the appointment booking. Upon completion and confirmation of the appointment booking, a contract is concluded between the service provider and the user - hereinafter referred to as "user contract".
4. The user may access, print, download or save the current General Terms and Conditions at www.quap.ch, even after concluding the user contract.
5. The user may not misuse the intermediation system. The user is aware that his appointment request is binding. Cancellation of the appointment made is only partially possible in accordance with Art. 6 GTC.
6. The provider reserves the right to change these GTC at any time without stating reasons.
7. The user confirms the GTCs again with each new appointment booking. After changing the GTCs, the changed GTCs apply only to appointments booked after the change of the GTCs. For already booked appointments, the previous GTCs, which were accepted at the time of the appointment booking, shall apply.

§ 5 Prices

1. All prices are shown in CHF and are determined according to the prices set by the service provider on the intermediation system. The prices on the intermediation system are inclusive of the applicable statutory value added tax (VAT).
2. Participation in the intermediation system is free of charge for the user. Any costs incurred by the user due to the use of the communication media required for participation in the intermediation system (e.g. SMS, mobile Internet data for calling up quap.ch) shall be covered by the user.

§ 6 Cancellation & modification of the booking

1. Cancellation or modification is possible only before the appointment. Modifications of the appointment up to 24 hours before the appointment must be agreed directly with the service provider.
2. Later cancellations or modifications (after 24h before the appointment) for which the user is responsible can generally no longer be considered by the service provider or must also be agreed directly between the user and the service provider in this case. The provider acts exclusively as an intermediation system and assumes no responsibility for cancelled sales or appointments that are not kept.

§ 7 Liability and guarantee

1. The service contract is between the service provider and the user. Any claims arising from contractual guarantees must therefore be made by the user directly against the service provider.
2. The provider does not give any guarantee for the products or services offered by the service provider, in particular not for their availability and quality, any assurances, the conformity of the service with the product or service description of the service provider and the timely provision of the service.
3. The product or service descriptions as well as all other information related to the services, e.g. address, price, ingredients, origin, delivery time, pictures, logos, etc. originate from the service provider.
4. The provider is not obligated to check the product or service descriptions and in particular assumes no guarantee for the truthful design of the offers, the quality, safety, legality and availability of the offers and the ability, authority and willingness of the service provider to fulfill the service contract.
5. The services of the provider may be temporarily unavailable or only available to a limited extent due to maintenance work or for other reasons. This shall not give rise to any claims by the user against the provider.
6. The provider excludes any liability for temporary unavailability, the failure of individual or all functions, transmission delays, malfunctions to the extent permitted by law.
7. The provider shall only be liable for direct damage caused intentionally or by gross negligence in connection with the establishment and/or execution of the legal relationship. The provider shall not be liable for damages as a result of slight or moderate fault or slight or moderate negligence.
8. Any further liability or obligation, in particular for indirect or consequential damages such as lost profits, unrealized savings, claims by third parties, etc., is expressly excluded to the extent permitted by law.
9. Any liability of the provider for direct or indirect damages as well as consequential damages incurred by the user due to official orders against the service provider (e.g. pandemic or epidemic-related closures, operational restrictions, etc.) is also excluded.

§ 8 Data privacy

1. The provider collects various personal data of the user, which are necessary for the processing of the appointment booking. There is no legal obligation on the part of the user to provide the provider with the relevant personal data. Without this personal data, however, the user will not be able to use the provider's intermediation system or to make use of the booking of services of the service providers.
2. All personal data that the provider receives from the user shall be processed in accordance with the applicable data protection provisions. In particular, the data will only be collected, stored, used or disclosed if the user has given his consent or if this is permitted by law. Processing of personal data on the basis of legal permission takes place in particular in connection with the fulfillment of contractual obligations.
3. The provider shall take appropriate technical and organizational security precautions to protect personal data. However, the provider does not guarantee the security of the transmitted personal data. Any transmission of personal data is at the user's own risk.
4. With regard to the details of the processing of personal data, the provider refers to its privacy policy at https://www.quap.ch/en/privacy.

§ 9 Applicable law

1. This contract is subject to Swiss law
2. The place of jurisdiction for all disputes arising from and in connection with a concluded contract or specific legal relationship shall be at the domicile of the company.
3. The contract shall remain binding in its remaining parts even if individual points are legally invalid.

Use of the software by business customers

§ 1 General

1. The GTC apply to all services and products provided by Quick Technologies AG (hereinafter referred to as the "provider") to the service provider (hereinafter referred to as the "customer"). Deviating regulations are only valid if they have been expressly agreed upon in writing between the provider and the customer. By registering or submitting the registration form, the customer accepts these terms and conditions of the license agreement.
2. Special or general contractual conditions that contradict these GTC shall not be accepted by the provider and shall have no validity in the relationship between the provider and the customer. Individual agreements shall take precedence over these GTC.

§ 2 Contract conclusion & termination

1. The contract between the customer and the provider is concluded by agreement or informally by the use of the services (i.e. by name by registration). The provider shall send the customer a confirmation of receipt of the registration to the e-mail address provided by the customer. The content and scope of the services are set out in these GTC or in any individual agreements.
2. The provider may make acceptance of the contract dependent on the provision and verification of various data of the customer, in particular address, e-mail address, etc. The customer guarantees that the information provided by him is true. In any case, the provider has the right to refuse the conclusion of a contract.
3. Even after payment of the license fee, the software remains the property of the provider. The customer is prohibited from further developing, marketing, copying or transferring the software and parts thereof to third parties. The copyright of the software remains in its entirety with the provider as licensor and is not transferred to the customer. The customer shall be deemed to be the sole licensee authorized to use the software in accordance with the contract.
4. The customer shall ensure that the technical and actual prerequisites for the receipt and use of the services, data and content are met on his/her side. If these prerequisites are not met, this shall have no influence on the conclusion and continued existence of the contract between the customer and the provider.
5. The customer agrees to truthfully provide the personal data required upon registration. The customer agrees to notify the provider of any changes to the personal data.
6. Unless otherwise agreed, the contractual relationship may be terminated by the customer in writing on a monthly basis with effect from the end of the month. Notices of termination by the Customer must be sent by e-mail to info@quap.ch.

§ 3 Subject matter of the contract

1. The provider shall provide its customers with the software for online appointment booking and customer management for use via the internet and shall provide other related services if required (e.g. setting up the profile for the customer).
2. For the contractual period, the customer shall receive the non-exclusive, non-sublicensable and non-transferable right to access the software by means of a browser and an Internet connection and to use it for its own business purposes exclusively in the exercise of its commercial or freelance activities.
3. The customer shall set up his profile (individual settings, input/import of data, implementation of plug-ins) him/herself and shall be responsible for the same. This also applies if the provider supports the customer in setting up the profile. For a fee, the provider can take over the setup.

§ 4 Prices, invoicing & delay of payment

1. The prices of the provider are in Swiss francs, excluding value added tax and other charges. The stated user fee may be adjusted by the provider in the event of price changes. Other services shall be offered at a fixed price or on a per-hour basis.
2. The provider shall invoice the fees to the customer unless otherwise agreed. Invoicing shall take place by sending an invoice as a PDF to the registered e-mail address. Should the customer wish to receive the invoice physically by mail, he must expressly notify the provider of this. The costs for sending the invoice by mail shall be covered by the customer.
3. If the customer is in delay of payment, the provider may temporarily block access to the provided services in whole or in part until payment has been made, following a corresponding warning and the fruitless expiration of a reasonable additional period of time. During the blocking, the customer has no access to the data stored by the provider.

§ 5 Guarantee

1. The provider guarantees that the licensed software essentially complies with the product specification, is functional and can be used accordingly. The provider shall only undertake any modifications or improvements to the software on the basis of a special agreement. The customer shall not be entitled to any customer support or upgrade activities by the provider.
2. The provider assumes no responsibility for the profitability of the licensed software and the business based on it. There is no guarantee whatsoever that profit can be made with 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 the respective compatibility with its risk profile. The customer uses the software at his own financial risk and responsibility.
3. Prior to the conclusion of the contract, the customer has verified that the specification of the software corresponds to his/her wishes and needs. He/she is aware of the essential functional features and conditions of the software.
4. The customer shall report any defects in the services to the provider without delay and explain the detailed circumstances of their occurrence. The provider shall remedy the defect within a reasonable period of time. In the event of defects in the software, the provider shall be entitled to show the customer temporary ways of avoiding the defect and to eliminate the defect later by adapting the software, provided that this is reasonable for the customer.
5. The provider shall not be liable for defects that have arisen as a result of incorrect handling, normal usage or third-party influence (power failure, faulty hardware, etc.).

§ 6 Limitation of liability

1. The provider shall only be liable for damage as a result of gross errors in the software if the customer can prove gross negligence and intent. All claims for damages and further claims shall be limited in value to the license fee paid. Any liability beyond this (except in the case of personal injury) is excluded.
2. Likewise, claims for damages for loss of the investments made, for loss of profit, for loss of data, for restoration of the software, for downtime or for other lost production or working time and for exchange rate losses are completely excluded; this applies to all claims of the customer, regardless of the legal grounds. The provider assumes no responsibility for external or indirect defects and consequential damages (e.g. damages from operational failure, delay of information forwarding, due to viruses or from line or system errors). Insofar as the contractual liability of the provider is excluded or limited, this shall also apply to the personal liability of employees, representatives and fulfillment agents of the provider.
3. The customer accepts checks and maintenance work by the provider that may temporarily affect the availability of some or all products. When third-party content and services are forwarded, temporary transmission delays may also occur. The provider shall aim to keep downtimes as short as possible in the interest of the customer. The customer accepts reasonable impairments. The provider shall not be liable for system failures of network operators, service providers, etc.
4. The provider offers no guarantee that the services will be accessible without interruption, that the desired connections can be established at all times, or that stored data will remain available under all circumstances. An interruption in the accessibility of the services for the customer shall not give rise to claims for damages.

§ 7 Data privacy

1. All information and data may be stored and retained by the provider for subsequent proof of performance and conclusion of the contract. Information and data shall not be transferred to third parties, except if third parties act as subcontractors of the provider in the performance of the contract.
2. The provider shall not be liable for data security during the transmission of the software via the internet (e.g. due to technical errors of the provider) or for possible illegal access of third parties to files of its Internet presence. Access data for the customer login, which are transmitted to the customer at the customer's request, are to be treated as strictly confidential by the customer.
3. By using a service offered by the provider, the customer revocably accepts to be sent advertising by e-mail, SMS and/or MMS, as well as to be sent advertising, offers and information of any kind by mail, e-mail and any other means.
4. The unlimited and unrestricted sending of e-mail, SMS and MMS as well as the unlimited and unrestricted sending of advertising, offers, and information of any kind are expressly approved by the customer. The customer may terminate the corresponding sending at any time by e-mail or by calling the provider (opting out).

§ 8 Applicable law

1. The GTC and the legal relationship between the provider and customers are subject to Swiss law.
2. The place of jurisdiction for all disputes arising from or in connection with a concluded contract or a specific legal relationship shall be at the domicile of the company.
3. The contract remains binding in its remaining parts even if individual points are legally invalid.

Zurich, 15 December 2014