TERMS & CONDITIONS

§ 1 Introduction

Welcome to HipSmile’s App/Website, which is the property of PlatusWeb, Prop. Said Zejjari, Fruttstrasse 5, 6005 Lucerne, Switzerland.

HipSmile’s (“HS”, the “app” or “we”) mission is to connect people and allow them to donate and receive goods and services in different categories such as health, education, material goods, volunteer work, or others.

§ 2 HipSmile CONCEPT

Users have the opportunity to give or receive goods or services. By using the chat function, the users can send a request to a donor.

HS is not a contractual partner; the platform only acts as an intermediary. We provide users with a platform on which they can donate or receive goods or services. HS bears no responsibility for the products or the agreement between the donor and the interested party.

§ 3 Rates

All offers on HipSmile are free of charge. 

§ 4 Registration

In order to use the services of HS, it is necessary to register. Registration is allowed for natural persons capable of acting, but also for legal entities.

By accepting these GTC, the user confirms that they meet the required age limit to use the services offered by HS.

The user confirms to provide only truthful and complete information to the App. Any changes are to be communicated immediately.

The user is obliged to keep the access data received during registration, in particular the password, secret and not to disclose or make it accessible to third parties. Only one registration is permitted per user. The user is liable for damages caused by disregard of these duties of care.

§ 5 Provisions

HS is not responsible for the manufacture, purchase, storage, fabrication, production, processing, labeling, packaging, pickup, or handling of the products. We are not responsible for ingredient labeling, allergen labeling, or handling of the Products. HS further assumes no responsibility for compliance with applicable laws, production, processing, labeling, pickup and handling of any goods or services, unless HS is explicitly identified on the platform as the manufacturer or provider of the product.

§ 6 Duties of the user

The user is responsible for all the content they post on the app. When using the platform and in all other actions and/or omissions related to the use of HS, the User is obliged to comply with the applicable laws, and under no circumstances to infringe any copyrights or intellectual property rights of third parties and to refrain from linking to third-party content. Furthermore, the user may not take any actions that are likely to damage the interests or reputation of the app. The user may not perform any harassing actions, such as sending chain emails or distributing offensive content.

The user commits to use all data received exclusively in connection with the use of the services at HS. The user is obliged to describe the goods or services offered or requested by him correctly, in detail and completely, filling in at least the mandatory fields specified on the platform. The goods or services offered by him as well as further information he posts on the platform must always be kept up-to-date and truthful.

§ 7 Handover of good or services

The interested party can pick up the goods from the donor. However, it is also permissible to agree on other arrangements. When and how the goods or services are to be handed over can be determined by the donor and agreed upon with the interested party.

§ 8 Reviews

Each user may rate other users via the platform. Truthful statements must be made in the evaluation. However, defamatory, unobjective, illegal or inappropriate comments are prohibited and can be deleted by HS at any time without stating reasons.

Any use contrary to the purpose of the rating system is prohibited. This includes, in particular, ratings by non-existent persons or ratings of one’s own person.

In particular (but not exclusively), ratings made by the user via the platform may not:

  • Promote violence or discrimination.
  • Violate intellectual property rights of another natural or legal person.
  • Violate any legal obligation to a third party (e.g., a duty of confidence)
  • Contain material that is defamatory, indecent, or objectionable.
  • Promote illegal activities or invade the privacy of any other person.
  • Create impressions that they originate from HS.
  • Have any application to impersonate another person or to misrepresent its affiliation with another person.

HS shall have the right to remove or modify any ratings posted, uploaded or submitted to the platform at any time if the rating violates one or more of the prohibitions set out above or is otherwise deemed to be abusive.

The reviews provided on the App are for informational purposes for users and do not constitute a HS recommendation. The ratings reflect the views of users or third parties who have connected via the app. Any information, tips or opinions provided by these individuals are solely attributable to them. HS assumes, to the fullest extent permitted by law, no responsibility or liability for any reviews, including, but not limited to, any errors, defamations, obscenities, omissions or fabrications that users may encounter in such reviews.

HS is entitled to save the ratings. 

Submitted ratings via the platform are not rewarded or linked to other benefits.

There may be a delay before the submitted rating is published.

§ 9 Liability limitation

HS shall not be liable for any damages arising out of or in connection with matters for which the user or third parties are responsible, or for interruption of the availability of the platform for which HS is not responsible, orders placed by users using fraudulently obtained data (e.g. identity theft, etc.), contents of websites to which the platform is linked, including the accuracy of the linked websites and data protection on such websites, and similar cases as listed under this paragraph, unless HS has negligently breached a related contractual obligation.

We shall not be liable for the failure or non-delivery of services if that is due to circumstances for which we are not responsible (without HS having at least negligently breached a contractual obligation in this respect). Such circumstances include, in particular, disruptions to HS’s operations as a result of changes in the law, official or regulatory measures, acts of war, terrorism, strikes, physical obstructions, lockdowns and natural disasters.

HS is not liable for damages caused by slight negligence. This limitation of liability does not apply to damages due to loss of life, physical integrity, health or to claims arising from HS’s primary obligations as well as to product liability claims.

HS is not considered as a contracting party between the users. All responsibility is declined for any claims arising therefrom. Should HS become involved in a legal dispute (including a pre-trial dispute) in connection with the App, the users involved therein shall be jointly and severally liable for the costs incurred by HS in this connection. Likewise, claims for damages for lost investments, for unrealized profit, for loss of data, for software recovery, for downtime or for other lost production or working time and for course losses are completely excluded; this applies to all claims of the user, regardless of the legal reason. HS assumes no responsibility for external or indirect defects and consequential damages (e.g., damages from operational failure, delay in information forwarding, due to viruses or system errors).

Reviews and maintenance by HS are accepted by the user. This may temporarily affect the availability of some or all products. Forwarding of third-party content and services may also cause temporary delays. HS endeavors to keep downtimes as short as possible in the interest of the user. Proportionate interruptions may occur. HS is not liable for system failures of network operators, service providers, etc.

§ 10 Intellectual property rights

If the following conditions are met, the user may not use the platform commercially and print and download content:

  • Unless otherwise indicated, the copyrights and other intellectual property rights on the platform and in the material published on it (including, but not limited to, photographs and graphic representations) are owned by HS or its licensors. These works are protected by copyright laws and treaties worldwide. All rights are reserved. For purposes of these Terms, any other use of excerpts from the platform not covered by this clause is prohibited.
  • The user may not use the platform improperly (including hacking or “scraping”).
  • The user shall ensure that HS’s copyright position as author of the material on the platform is always acknowledged and referred to.
  • The user may not modify the digital or printed copies of materials that they print in accordance with this clause. In addition, he may not use any images, photographs or other graphics, videos or audio sequences independently from any accompanying text.
  • The user is not allowed to use the materials on the platform or the platform itself for commercial purposes without obtaining appropriate permission from HS.

Except as provided in this clause, the platform may not be used without the prior written permission of HS. No part of the platform may be reproduced on any other platform, stored, or incorporated into any public or private electronic data retrieval system or service.

§ 11 Data protection

We are committed to ensuring the security of users’ personal data. In all data processing operations (e.g., collection, processing, and transmission), HS proceeds in compliance with the statutory provisions in accordance with the data protection provisions of the app. You can find detailed data protection provisions under Privacy Policy.

§ 12 Warranty

We guarantee to perform our agreed services in accordance with the quality standards of the industry. The app does not guarantee the accuracy and adequacy of the content published on the platform.

We do not warrant that the services will be accessible without interruption, that the desired connections can be established at any time, or that stored data will remain available under all circumstances. An interruption in the accessibility of the services for the user does not constitute a claim for damages.

The user has no right to customer support or upgrade activities by HS.

HS assumes no responsibility for the profitability of the licensed software and the business based on it. The software is not designed to generate profit in the short or long term. It is the responsibility of the user to control the individual agreements made with the software and to monitor their respective compatibility with his risk profile. The user uses the program at his own financial risk and responsibility.

If any defects are found in the licensed software, these must be reported to HS in writing or by e-mail within 3 days of downloading the software at the latest. We are not liable for defects that have occurred as a result of incorrect handling, or due to external influences (power failure, faulty hardware, etc.). In particular, we are not liable for any loss of data. It is the user’s risk to back up his data regularly and to perform regular back-ups.

§ 13 Modifications

These Terms and Conditions may be amended by HS at any time.

The new version will come into force 30 (thirty) days after it is posted on the website by us.

The version of the GTC in force at the time of the conclusion of the contract shall apply to the user. Unless the user has agreed to a newer version of the GTC.

§ 14 Priority

These GTC take precedence over all older regulations and contracts. Only provisions from individual contracts which still detail the terms of these GTC shall take precedence over these GTC.

§ 15 Salvatory clause

Should a provision or an appendix to this agreement be or become invalid, this shall not affect the validity of the remainder of the agreement. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps.

§ 16 Applicable Law / Jurisdiction

These GTC are subject to Swiss law. Unless mandatory statutory provisions to the contrary exist, the court at the registered office of HS shall have jurisdiction. HS is free to sue at the country of the defendant. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is expressly excluded.

§ 17 Terms and condition updates notification 

Should any upcoming changes in the terms and condition occurs, the update will be posted to our website.