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General Terms and Conditions

General Terms and Conditions of Alpha Sales GmbH
Product of Alpha Sales GmbH, Rotkreuz.
(Dated: July 2010) General Terms and Conditions (T&C)


§ 1. Scope of application of these General Terms and Conditions ("T&C")

Alpha Sales GmbH, Rotkreuz ("eL-Driver") provides you with the services offered by "eL-Driver" based on the following General Terms and Conditions ('T&C').

Additionally, certain conditions which apply to a relevant service may become applicable when using particular services. This will be pointed out to you where required before you use the relevant service.

When you use services by "eL-Driver", you accept the T&C. If you do not wish to be bound by these T&C, you must not use the services offered by "eL-Driver"!


§ 2. Service description

"eL-Driver" grants its users access to a number of online resources including numerous means of communication, online forums, shopping services, comparison service, personalised contents and products offered together with other partners (collectively called 'Services' in the following). If not explicitly stated otherwise, all new offers which expand or improve the current services - including offers for new services - are liable to the conditions of these T&C. The services are offered in the set-up approved by "eL-Driver" and subject to availability.


Using the comparison service: When the comparison service is used, the offer is without obligation and free of charge for the interested party. Registering, however, does not mean that the interested party is automatically signed up for the course. Signing up takes place at the driving school and has nothing to do with "eL-Driver". The process consists of three steps. After carrying out these steps, the user receives a confirmation. Driving schools and parties interested in an offer are responsible themselves for the legality of an agreement and processing of the order.


The portal operator is exempt from any responsibility and guarantee for unlawful behaviour as well as for inadequate or lack of execution of the contract. "eL-Driver" does not accept responsibility for possible delay, deletion, faulty transmission or memory failure during communication between users. In order to use the services, you have to ensure access to the world wide web and all technical equipment required for this such as a computer and a modem or other technical devices, and bear the fees arising in connection with this.


As "eL-Driver" is mainly financed by advertising, you give your express permission to receive emails with adverts from "eL-Driver". Additionally, when using "eL-Driver", you are obliged not to use ad blockers and other programmes for this purpose. Using these programs may lead to "eL-Driver" not working properly.


§ 3. List of questions

Alpha Sales GmbH, Rotkreuz owns the copyright of the list of questions.
You are not permitted to download the pictures, graphics or question texts and/or to save them to a data carrier or in any other electronic way. Furthermore, you are not allowed to add a link from an external site to the questions in the list.


§ 4. Obligation to register

In order to use the services, you agree to:



Give truthful, exact, current and complete details about your person ('registration data' in the following) according to the registration form and


Update this registration data when required so that it remains truthful, exact, current and complete.

If one of the details given by you is not true, imprecise, not up-to-date or incomplete, or if "eL-Driver" is given any reason to assume that such information is not true, imprecise, not up-to-date or incomplete, "eL-Driver" has the right to delete your user account ('Account') temporarily or permanently and to exclude you from the use of individual or all services at the time, or in the future.

If you give false information, you are not eligible to take part in the competition and you forfeit the right to win prizes.


§ 5. Data protection

Your registration data as well as certain other data about your person are subject to our data protection framework. "eL-Driver" reserves the right to pass on data to designated contractual partners for advertising reasons.


§ 6. Account, password and security

After registering, you will receive a password for your account.
You must ensure that your password and account are not accessible to any third party and you are fully responsible for all actions which are carried out with the use of your password or account.

You are obliged to inform "eL-Driver" immediately of any misuse of your password or account as well as of all other breaches of security specifications.

"eL-Driver" is exempt from any loss or damage resulting from non-fulfilment of the obligation in this Section 6.


§ 7. Allocating use to third parties

You recognise that the owner of an account is fully responsible for all actions which are carried out via his/her account.
If you grant use of your account to another person, you recognise that you are responsible for:



The online behaviour of this user,


Regulating access and use of the services by the user and


The consequences of any misuse.

§ 8. Responsibilities and obligations of the members

The responsibility for all information, data, texts, news or other material ('Contents') which are published generally or transmitted privately, lies exclusively with the person from whom such contents originates. That means that you, and not "eL-Driver", have full responsibility for all contents which you enter, publish, send by email or forward in any other way within the scope of the services.

As a basic principle, "eL-Driver" does not check contents that you pass on via the services and therefore does not accept any guarantee for the correctness, appropriateness and quality of such contents. You are aware that, by using the service, you might be confronted by contents that are insulting, offensive or objectionable in any way.

Under no circumstances is "eL-Driver" liable for contents, in particular not for mistakes, incorrectness or incompleteness in connection with contents and not for loss or damage either which result from the use of a content which has been published, sent by email or transmitted in any other way within the scope of the services.

Within the scope of using the services, you must not:



Publish data, texts, links, software or other contents which, according to "eL-Driver", are unlawful, damaging, threatening, abusive, pestering, defamatory, vulgar, obscene, hate generating, racist or in any other way objectionable;


Cause damage to minors in any way;


Impersonate someone else in the services, e.g. a representative of "eL-Driver" or anyone else responsible in any way for the service, or purport a non-existing connection to such persons;


Falsify headers or manipulate distinctive marks in any way in order to conceal the origin of contents which have been transmitted within the scope of the services;


Input and publish contents, transmit them by email or any other way when you are not authorised to do so (e.g. due to non-disclosure obligations or similar);


Input and publish contents, transmit them by email or any other way if they breach the rights of third parties in particular patents, brands, copyright, trade secrets or other titles;


Input, publish, transmit by email or any other way advertising, promotional material, junk email, mass email ('Spam'), chain letters, snow ball systems or other advertising;


Input, publish, transmit by email or any other way material that contains software viruses or other information, files or programs which are designed or dedicated to interrupt, destroy or limit the function of computer software or hardware or of telecommunication facilities;


Disturb the technical process of the services or interrupt the usual course of a communication, such as scroll the screen faster than other users of the service can input contents or compromise in any way the possibility of other users of communicating in real-time;


Interfere with the services or the servers or networks connected with the services or interrupt them or not comply with regulations, processes or other rules of networks connected with the services;


Breach national or international legal regulations or stock market rules (e.g. of the New York Stock Exchange, American Stock Exchange, NASDAQ or Börse Frankfurt) in connection with a service;


Bother, threaten, defame, distress or embarrass anyone, no natural or legal person or personal entity, or cause discomfort in any way;


Collect or save personal data about other users.


As a basic principle, "eL-Driver" does not check contents but reserves the right to reject contents which are accessible via the services or to publish them in another location within the services. There is no legal obligation for this. This applies particularly to contents which breach the T&C or are objectionable for any other reasons.

You have to assess and bear the risks yourself which are connected to the use of contents, including risks which result from your relying on the correctness, completeness or useability of the contents for your purposes.

Therefore you recognise that you must not rely on contents which have been created by "eL-Driver" or have been provided to "eL-Driver" by third parties in particular contents in chats, guest books or other areas of the services.

"eL-Driver" has the right to save contents and pass them on to third parties if this is a legal stipulation or necessary and legally allowed according to best judgement in order to:



Fulfil legal regulations or to respond to an official order,


Enforce the present T&C,


react to a notification of an infringement by third parties or


Preserve the rights or the personal safety of "eL-Driver", its users or the public.


We point out that technical processing and transmission of the services, including the contents entered by you, may make it necessary to:



Carry out transmissions via different networks and/or


Make changes in order to comply with technical requirements of related networks or other technical facilities.

§ 9. Rights to published contents


In terms of these T&C, 'publicly accessible areas' are services accessible to the public. Publicly accessible areas are for example chat, guestbook and forums.


If you input contents to be published in a publicly accessible area of "eL-Driver" or if you input contents to be published in another publicly accessible area of the services, you grant to "eL-Driver" the free, non-exclusive right to use these contents (completely or partially), to multiply, change, adjust and to publish them, insofar as this happens solely for the purpose of presenting, distributing and promoting the relevant service for which the contents are intended or respectively, in the case of pictures or graphics, insofar as this happens solely for the purpose for which such pictures or graphics were handed over.


With regard to all other contents which you hand over for publication in a publicly accessible area of the service, you grant "eL-Driver" the free, unlimited, irrevocable and non-exclusive right, including the right to grant sub-licenses, to use these contents (completely or partially), to multiply, change, adjust, to publish, to translate, to process, to distribute, to list, to present and/or to adopt them in any form.


If you are not the owner of the rights to the contents entered by you, you warrant that the owner of the contents agreed to transfer the rights according to the regulations above.

§ 10. Indemnification

You herewith declare that you shall exempt and indemnify «eL-Driver» and the managers, general agents, co-owners of brands or other business partners and employees with reference to all claims or demands which are made by third parties due to or in connection with contents which you have input, published or transmitted within the scope of the services or due to your use of the services, your connection with the services or due to the breach of these T&C or third parties' rights by you. This also applies to reasonable legal fees.


§ 11. No commercial use of the services

You must not copy, multiply, imitate, sell, sell on the services or parts thereof, their use or access to the services or use them for commercial purposes of any kind without express permission from "eL-Driver".


§ 12. "Under 18"

Registration at a driving school via "eL-Driver" is permitted only to 18-year-old users. Those below 18 have to register with the supervision of the parents. Parents or guardians are therefore responsible for the protection of privacy of their children.


§ 13. General rules for use and storage

You recognise that "eL-Driver" has the right to establish general rules and limitations regarding the use of the services, in particular concerning the maximum number of days for publication or how long other contents which have been entered may remain in the services and the maximum number of your visits to the services within a specific timeframe (and the maximum visiting duration).

You agree that "eL-Driver" is not responsible or liable for the deletion of data and for not storing it in terms of news, any communication or other contents that are input or transmitted within the scope of the service. You accept that "eL-Driver" reserves the right to delete accounts which have not been used for a longer period. You also agree that "eL-Driver" reserves the right to change such general rules and limitations at any time in its sole discretion with or without notifying the user.


§ 14. Changes to the services

"eL-Driver" reserves the right to change, suspend or cease all or individual services with or without notification of the user temporarily or permanently. You agree that "eL-Driver" is not liable to you or third parties regarding changes, interruptions or cessation of all or individual services.


§ 15. Termination

You agree that "eL-Driver", in its sole discretion, can discontinue your user password, your account (or parts of it) or any other use of the service by you and delete any contents for whichever reason. This applies especially if you have not used the services for a longer period or if "eL-Driver" can assume that you have breached these T&C or not complied with essential basics of the T&C.

You agree that any suspension of your access to the services can be carried out without previous notice according to the stipulations of this agreement and that "eL-Driver" can directly suspend or delete your account and all information and files in connection with it and/or prohibit all future access to such files or the services.

Furthermore, you agree that "eL-Driver" is not liable to you or third parties for the termination of access to the services. In case your account is deleted, you can be granted access to the services again only after previous written consent by "eL-Driver". You must not help a user whose account has been deleted gain access to the services via your account or with the help of your account.


§ 16. Business with third parties/advertising

Your communication or business relationship with commercial providers or other third parties that you get to know within the scope of the services or are communicated to you via the services, in particular payment and delivery of goods or services as well as all contractual stipulations, warranties and confirmations in connection with such business, take place exclusively between you and such a third party. "eL-Driver" is not responsible and liable for loss or damage from such business or due to the presence of such providers in the services.


§ 17. Links

"eL-Driver" can establish links to other websites ('Sites') or sources. As «eL-Driver» has no way of checking such sites and sources, "eL-Driver" is not responsible or liable for the availability of such external sites or sources, it does not adopt contents available on such sites or sources as its own and excludes all liability or warranty with regard to them.

"eL-Driver" therefore cannot be made responsible, neither directly nor indirectly, for damage or loss which occurs or occurred from or in connection with the use of contents or by trusting in such contents or due to goods or services which have been acquired via such external sites or sources.


§ 18. Property rights of «eL-Driver»

You acknowledge that the services as well as all required software which is used in connection with the services ('Software') are the object of property rights and contain confidential information which is protected by legal stipulations in particular those for the protection of intellectual property. Furthermore, you acknowledge that contents in advertising by sponsors and information which you receive through the services or advertisers are protected by copyrights, trademarks, patents or other proprietary rights and laws.

Unless "eL-Driver" or the relevant advertisers have agreed in writing, you must not change wholly or partially, rent out, lease, lend, sell, distribute or modify work based on the services or software.
"eL-Driver" grants you a personal, non-transferrable and non-exclusive right to use the object code of the

"eL-Driver" software on a single computer as long as you do not copy, change and decompose software and create derivative work from it and procure yourself access to the services other than via the interface that "eL-Driver" has provided to you.


§ 19. Caveat emptor


You use the services at your own risk. The services are offered in the set-up approved by "eL-Driver" and subject to availability.


«eL-Driver» does not guarantee that the services meet your requirements and that they are available at all times without interruptions, up-to-date, secure and flawless. "eL-Driver" does not accept any guarantee regarding the results which can be achieved by using the services, regarding the correctness and reliability of the information received within the scope of the services or for the quality of goods, services or information you receive in connection with the services meeting your expectations. "eL-Driver" does not guarantee either that the hardware and software used for the services works flawlessly at all times or that possible faults in the hardware or software are corrected.


You download or receive contents in connection with the services at your own risk and you are solely responsible for damage to your computer system or other technical equipment used, for the loss of data or other damage resulting from downloading contents or other transactions in connection with the services.


Advice or information which you receive within the scope of the services, whether in writing or orally, do not constitute a guarantee by "eL-Driver" if this has not been expressly agreed.

§ 20. Liability limitation

"eL-Driver" is not liable for the behaviour of users or other third parties or for contents or explanations which are passed on by users or other third parties within the scope of the services. "eL-Driver" is not liable for damage resulting from the use of or not being able to use the services.

In particular, "eL-Driver" is not liable for costs of procuring a replacement or for costs arising in connection with acquired goods or services, messages received or other transactions or from prohibited access to the services or a change to your details or data or in any other way in connection with the services.

"eL-Driver" is neither liable to you nor to other persons for damage resulting from an interruption, temporary suspension or termination of the services. We expressly advise you that the services may contain contents which are harmful to minors or objectionable in any way. «eL-Driver» is not liable for damage resulting from access to such or other contents (comp. Section 6 above).

In every case, "eL-Driver"'s liability, in the event that such a case, despite the above conditions, arises from any legal basis, is limited to damages caused by deliberate or grossly negligent behaviour or are based on breaching one of the main obligations essential to the contractual relationship. For damages which are based on a negligent breach of non-essential contractual obligations or obligations within the scope of contract negotiations, the liability for indirect and atypical consequential damages is excluded and limited to average damages typical to the contract.


§ 21. Employees

The preceding limitations of guarantee and liability also apply to employees and representatives of "eL-Driver".


§ 22. Mandatory exclusion

Notwithstanding any shorter periods prescribed by law, any claims from or in connection with the use of the services or these conditions of use must be enforced by court within one (1) year of their occurrence or they are excluded in perpetuity.


§ 23. Contests and competitions

By taking part in contests or competitions with "eL-Driver", you expressly accept the following partial conditions:



There will be no correspondence about contests and competitions.


Legal proceedings are barred.


If you give false details during your registration with "eL-Driver", you waive your right to prizes.


Prizes cannot be obtained in cash.


You expressly agree that your address can be handed to the sponsors of the prizes in the event of a competition success for the purpose of the prize being handed over.


You expressly acknowledge the right of the sponsors to restrict the validity of the prizes (e.g. only one prize per person etc).

§ 24. Notifications

Notifications to you can either be via email or by mail. You can be notified of changes to these T&C or other business through publication of references or links in the relevant services.


§ 25. Trademarks

"eL-Driver" logos and descriptions of goods and service are registered trademarks of Alpha Sales GmbH. You must not publish or use in any way the "eL-Driver" trademarks without previous consent from "eL-Driver".


§ 26. Copyrights

"eL-Driver" respects the intellectual property of third parties and asks the user to do the same.


§ 27. Changes to these T&C

"eL-Driver" reserves the right to change or add to these T&C in future.


§ 28. General Conditions


If "eL-Driver" elects not to exercise or enforce a right or a condition of these T&C, this does not constitute waiving that right or the relevant condition.


Please note that additional conditions may apply when you use connected services, contents or software from third parties.

§ 29. Applicable law and jurisdiction

These T&C as well as the use of the services are governed by the laws of Switzerland.
If any points of these T&C should be invalid, then this does not affect the other points. The laws of Switzerland substitute the invalid points.

Jurisdiction for disagreements from or in connection with the use of the services and/or these T&C is Rotkreuz.


§ 30. Breaching these T&C

Please report all breaches of these T&C to the webmaster. If you notice that contents of the services breach these T&C, please send us via email the identification details of the person not complying with the rules along with the relevant contents which we would like you to copy and add to Customer Services.

However, "eL-Driver" does not guarantee that any measures will be taken based on your notification.



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