§ 1. Scope of application of these
General Terms and Conditions ("T&C")
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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"!
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§ 2. Service description
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"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.
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§ 3. List of questions
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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.
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§ 4. Obligation to
register
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In order to use the services, you agree to:
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a)
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Give truthful, exact, current and complete details about your
person ('registration data' in the following) according to the
registration form and
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b)
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Update this registration data when required so that it remains
truthful, exact, current and complete.
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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.
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§ 5. Data protection
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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.
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§ 6. Account, password and
security
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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.
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§ 7. Allocating use to third
parties
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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:
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a)
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The online behaviour of this user,
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b)
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Regulating access and use of the services by the user and
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c)
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The consequences of any misuse.
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§ 8. Responsibilities and obligations
of the members
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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:
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a)
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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;
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b)
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Cause damage to minors in any way;
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c)
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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;
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d)
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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;
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e)
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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);
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f)
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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;
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g)
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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;
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h)
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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;
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i)
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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;
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j)
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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;
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k)
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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;
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l)
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Bother, threaten, defame, distress or embarrass anyone, no
natural or legal person or personal entity, or cause discomfort in
any way;
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m)
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Collect or save personal data about other users.
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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:
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a)
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Fulfil legal regulations or to respond to an official order,
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b)
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Enforce the present T&C,
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c)
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react to a notification of an infringement by third parties
or
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d)
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Preserve the rights or the personal safety of "eL-Driver", its
users or the public.
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We point out that technical processing and transmission of the
services, including the contents entered by you, may make it
necessary to:
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a)
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Carry out transmissions via different networks and/or
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b)
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Make changes in order to comply with technical requirements of
related networks or other technical facilities.
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§ 9. Rights to published
contents
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a)
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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.
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b)
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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.
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c)
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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.
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d)
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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.
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§ 10. Indemnification
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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.
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§ 11. No commercial use of the
services
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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".
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§ 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
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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.
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§ 14. Changes to the
services
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"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.
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§ 15. Termination
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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.
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§ 16. Business with third
parties/advertising
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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.
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§ 17. Links
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"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.
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§ 18. Property rights of
«eL-Driver»
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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.
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§ 19. Caveat emptor
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a)
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You use the services at your own risk. The services are offered
in the set-up approved by "eL-Driver" and subject to
availability.
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b)
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«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.
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c)
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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.
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d)
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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.
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§ 20. Liability limitation
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"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.
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§ 21. Employees
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The preceding limitations of guarantee and liability also apply
to employees and representatives of "eL-Driver".
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§ 22. Mandatory exclusion
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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.
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§ 23. Contests and
competitions
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By taking part in contests or competitions with "eL-Driver", you
expressly accept the following partial conditions:
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a)
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There will be no correspondence about contests and
competitions.
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b)
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Legal proceedings are barred. |
c)
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If you give false details during your registration with
"eL-Driver", you waive your right to prizes.
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d)
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Prizes cannot be obtained in cash.
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e)
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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.
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f)
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You expressly acknowledge the right of the sponsors to restrict
the validity of the prizes (e.g. only one prize per person
etc).
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§ 24. Notifications
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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.
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§ 25. Trademarks
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"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".
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§ 26. Copyrights
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"eL-Driver" respects the intellectual property of third parties
and asks the user to do the same.
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§ 27. Changes to these
T&C
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"eL-Driver" reserves the right to change or add to these T&C
in future.
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§ 28. General Conditions
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a)
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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.
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b)
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Please note that additional conditions may apply
when you use connected services, contents or software from third
parties. |
§ 29. Applicable law and
jurisdiction
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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.
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§ 30. Breaching these
T&C
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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. |