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General Terms and Conditions (AGB)

    I. GENERAL REGULATIONS

  1. These General Terms and Conditions of Rent a Rentner AG, Bertastrasse 1, 8003 Zurich, Switzerland (hereinafter referred to as 'RENTARENTNER'), regulate the rights and obligations of customers (hereinafter referred to as 'CUSTOMERS') who register their data in the directory of RENTARENTNER and offer their services via the online platform 'www.rentarentner.ch' (including all subdomains) of RENTARENTNER, as well as the integrated messaging system. On the other hand, these GTC regulate the rights and obligations of other users (hereinafter referred to as 'USERS') of the online platform 'www.rentarentner.ch' (including all subdomains) of RENTARENTNER, in particular those using the 'Marketplace' feature.
  2. A contract between the CUSTOMER/USER and RENTARENTNER is concluded by completing the account registration on the online platform 'www.rentarentner.ch' or by placing an advertisement in the 'Marketplace' section. To register an account – as a CUSTOMER (Retiree) – only individuals who have reached the legal retirement age or are at least 58 years old and have retired from the labor market due to age are eligible. The GTC are an integral part of all contracts between the CUSTOMER/USER and RENTARENTNER.
  3. RENTARENTNER reserves the right to change these GTC at any time without giving any reason. The revised terms will be sent to registered CUSTOMERS by email at least two weeks before they come into effect. If a CUSTOMER does not object to the new GTC within two weeks after receiving the email, the revised GTC will be deemed accepted. RENTARENTNER will specifically point out the significance of this two-week period in the email containing the revised terms.
  4. The CUSTOMER accepts these GTC during online registration by clicking the checkbox ('Opt-In') with an 'X' confirmation, and during any written registration by signing. The USER accepts these terms when posting an advertisement.
  5. II. SERVICES OF RENTARENTNER

  6. RENTARENTNER provides a directory where CUSTOMERS can enter their name, age, profile picture, language, services offered, etc., through a personal account. The scope of the directory and the possible information depends on the respective CUSTOMER's account. RENTARENTNER may offer additional services to the CUSTOMER, such as premium or ambassador memberships. Using the RENTARENTNER platform and the integrated messaging system, CUSTOMERS can make their offers/services known to other internet users and interested individuals or businesses and engage with potential clients.
  7. Additionally, USERS have the option to post targeted ads under the 'Marketplace' section to find service providers or CUSTOMERS.
  8. In addition to the platform, RENTARENTNER offers an app (RentnerFinder®), allowing USERS to find registered CUSTOMERS based on their location and contact them. The CUSTOMER can decide in their personal profile whether they want to be found by the app by disabling the respective function. The app displays the following CUSTOMER data: first name, initial letter of the last name, availability, mobility, last online, membership, and other details from the rentarentner.ch portal such as activities, about me, profession, performed jobs, and the CUSTOMER's reviews. RENTARENTNER also promotes individual CUSTOMERS by highlighting them in the app.
  9. A service contract between the CUSTOMER and the interested individual/business or USER is negotiated and concluded solely between these two parties. RENTARENTNER does not act as a recruitment agency and does not lend its own staff.
  10. The sorting of entries in the directory follows the rules applied by RENTARENTNER, which are not disclosed to the CUSTOMER. RENTARENTNER reserves the right to change these rules at any time.
  11. The CUSTOMER is responsible for keeping their account login details confidential and not making them accessible to third parties. In case of loss or disclosure of login details to third parties, the CUSTOMER must immediately inform RENTARENTNER, which will block the login details and provide the CUSTOMER with new access credentials.
  12. RENTARENTNER expressly reserves the right to modify, supplement, delete, or discontinue parts or the entire website without prior notice.
  13. III. CUSTOMER OBLIGATIONS

  14. The basic offering of the platform is exclusively free of charge for CUSTOMERS who are retirees (or early retirees from at least 58 years of age). The CUSTOMER must take this into consideration in a positive manner. They acknowledge that the platform is partly financed through advertising revenue, and that advertisements are published on the platform.
  15. Additional services for CUSTOMERS, such as premium or ambassador memberships, are chargeable and must be paid annually in advance. Similarly, ads in the 'Marketplace' section are chargeable for USERS. The respective costs are explicitly stated on the website.
  16. The CUSTOMER and the USER agree not to make illegal or immoral entries on their account, in their ad, or in messages via the messaging system, or to offer or seek illegal or immoral services. Furthermore, the CUSTOMER and the USER are solely responsible for the content of their entries, offers, ads, or messages, especially regarding the truthfulness of their statements and in relation to company, trademark, competition, and personal rights issues. RENTARENTNER is not obligated to verify the content of the entries.
  17. Entries, offers, ads, and messages that are incorrect or deceptive, against public interests, serve an illegal purpose, or are deemed immoral or offensive by RENTARENTNER, and which may harm the feelings and well-being of other CUSTOMERS and USERS, may be rejected, corrected, or immediately removed from the platform by RENTARENTNER.
  18. CUSTOMERS and USERS are prohibited from offering or inquiring about any goods, placing advertisements for third-party services or offers, or placing direct or indirect links to such services or offers. It is also prohibited to collect the available data on the platform and use it for purposes that are not in line with the intended purpose of the RENTARENTNER platform or against the interests of RENTARENTNER.
  19. The CUSTOMER/USER is responsible for ensuring that any social security contributions, taxes, and fees related to their activities are properly accounted for. Any accident or liability insurance related to the activities/services of the CUSTOMER/USER is also the responsibility of the CUSTOMER/USER.
  20. The CUSTOMER is responsible for keeping their account login details confidential and not making them accessible to third parties. In case of loss or disclosure of login details to third parties, the CUSTOMER must immediately inform RENTARENTNER, which will block the login details and provide the CUSTOMER with new access credentials.
  21. If the CUSTOMER or USER violates any of the aforementioned obligations, RENTARENTNER expressly reserves the right to deactivate the account immediately or delete the advertisement.
  22. IV. LIABILITY OF RENTARENTNER

  23. To the extent permitted by law, RENTARENTNER disclaims all liability. In particular, RENTARENTNER is not liable for entries, offers, and ads made by CUSTOMERS and USERS, or messages sent via the messaging system. RENTARENTNER is only liable for damage caused by incorrect transmission of entries, offers, and ads, or messages if the CUSTOMER or USER proves that RENTARENTNER caused the damage intentionally or through gross negligence. RENTARENTNER also assumes no liability for services performed by CUSTOMERS.
  24. Liability for lost revenue, internet failures, misuse by third parties, or loss of data in the information system or the CUSTOMER's directory is excluded.
  25. RENTARENTNER is generally not liable for technical issues. In particular, RENTARENTNER is not liable for temporary unavailability of the website/platform, failure of individual or all functions, or malfunctions.
  26. V. TERMINATION OF THE CONTRACTUAL RELATIONSHIP

  27. The contract between the CUSTOMER and RENTARENTNER is concluded for an indefinite period.
  28. The free basic offering can be terminated at any time without giving any reason.
  29. The paid premium and ambassador memberships are limited to a minimum period of one year and end without cancellation after this period. RENTARENTNER will inform the CUSTOMER before the end of the period and offer them the option to extend the membership for at least another year. If not extended, the membership will automatically revert to the free basic offering and can continue to operate.
  30. The paid use of the 'Marketplace' section ends with the expiration of the publication period for the respective advertisement.
  31. For important reasons – in particular, misuse of the platform or breaches of duty by the CUSTOMER – RENTARENTNER may terminate the contractual relationship at any time without notice.
  32. VI. DATA PROTECTION

  33. The data provided by CUSTOMERS and USERS will be stored, processed, and published on the website in accordance with RENTARENTNER's service obligations. When installing the app (RentnerFinder®), the USER is asked whether a) the app may access their location and b) if they want to receive push notifications. These settings can be adjusted later in the smartphone settings. Disabling location services, however, limits the app's functionality.
  34. RENTARENTNER collects and processes the data in accordance with the applicable data protection law. Data is processed exclusively to the extent required for the operation of the service and is not passed on to third parties without prior consent.
  35. Further details can be found in the privacy policy of RENTARENTNER.
  36. By accepting the terms and conditions, the CUSTOMER grants consent for their services to be rated on the platform until written revocation. Furthermore, the CUSTOMER agrees to receive newsletters from RENTARENTNER until written revocation.
  37. VII. FINAL PROVISIONS

  38. If individual provisions of these terms and conditions are wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come closest to the legal and economic intent of the invalid and/or ineffective provisions. The same applies in the event of any gaps in the regulation.
  39. All disputes arising from or in connection with the contractual relationship between RENTARENTNER and any (current or former) CUSTOMER/USER are exclusively governed by Swiss law. The place of performance and jurisdiction is the location of RENTARENTNER, Zurich, Switzerland.

Zurich, April 2018

Rent a Rentner AG | Bertastrasse 1 | 8003 Zurich