Conditions d'utilisation

These General Terms and Conditions (GTC) govern the relationship between Bring! Labs AG (Räffelstrasse 26, 8045 Zurich, Switzerland) and the users in connection with the use of the "Profital" platform (hereinafter: Profital), available as a mobile app and webplatform with blog (hereinafter together: Services). The offer is only available to users residing in Switzerland.

These GTC apply to all visits to and use of the Services, as well as to the content, information, recommendations, products and services made available to the User on or via Profital. These GTC apply to all current and future services provided by Bring! Labs AG via Profital until they are amended or supplemented. By downloading the app or using the Services for the first time, the user agrees to these GTC. The use of the Services is only permitted within the framework of these GTC. References to persons apply equally to women and men as well as to more than one person.

Profital is a Switzerland-wide app and web platform with blog, which is available to stationary retailers, local service providers and manufacturers (hereinafter: providers) for the digital and local marketing of businesses and offers. Users can access valid advertising brochures, offers, opening hours and contact details of stationary retailers, local service providers and manufacturers in the area. The offer, sale and processing to users is carried out exclusively by the provider.

When you use our services, the data that is sent by your browser during the usage process and that is required to use our services is automatically recorded. This data includes in particular the URL, the browser type, the browser version, the requesting provider, the IP address and the date and time of use of our services. We store this data anonymously and use it for statistical evaluations for the purpose of operating, security and optimization of our services.

The use of Profital is free of charge. Paid offers are expressly marked as such.

The offers published on Profit are non-binding and do not provide any contract offers from Bring! Labs AG or the provider, but is simply information to support purchasing from the corresponding providers and is to be understood as invitations to buy from the respective provider. If the user buys a good or service from a provider, a contract is concluded exclusively between the user and the respective provider. The providers' offers are based on their individual delivery terms and conditions. We reserve the right to make subsequent changes to the offers and correct any errors.

The user can add one or more providers to their favorite stores and receive notifications about new offers from sellers. The app also offers the option of creating a shopping list/watchlist and forwarding offers, e.g. by e-mail.

Bring! Labs AG endeavours to ensure the highest possible and uninterrupted availability of Profital and its functions. However, it does not guarantee uninterrupted service, service at a specific time or the completeness, authenticity and integrity of the data stored or transmitted via its system or the Internet. The user has no right to the provision of certain services.

Interruptions for troubleshooting, maintenance windows, implementation of new technologies, etc. are kept to a minimum by Bring! Labs AG and, whenever possible, scheduled during off-peak hours. 

Bring! Labs AG reserves the right to discontinue the operation of its Services at any time and to change or expand the nature and scope of the Services provided. Furthermore, Bring! Labs AG may also charge a fee for its Services at any time.

All content made available or displayed on Profital, including but not limited to logos, symbols, trademarks, text, graphics, photographs, images, illustrations, sound, video and audio material, designs and software are protected by intellectual property rights (copyrights, trademark rights, etc.) and may only be used to the extent specified herein. This Content is the exclusive property of Bring! Labs AG or the relevant rights holders. Unless expressly agreed otherwise, Profital, its content and all related rights shall remain the exclusive property of Bring! Labs AG or its licensors. All such rights are reserved.

Accordingly, any unauthorised use of Profital or its content may constitute a violation of copyright, trademark, trade secret, privacy or publicity laws.

The Content is intended solely for the personal information of the user and for private use only in accordance with these GTC. Bring! Labs AG does not transfer to the user any interest in the Services of Bring! Labs AG, including the available information, data and content of Profital or any other property of Bring! Labs AG.

The use of information and the use of Profital is at the sole and exclusive risk of the user. Profital and its content is provided without warranty of any kind. Bring! Labs AG expressly excludes - as far as legally permissible - any liability, in particular the guarantee for the marketability and suitability for a specific purpose as well as for the completeness, correctness and up-to-dateness of the information published on Profital.

Any liability of Bring! Labs AG for damages caused by slight or medium negligence is excluded to the extent permitted by law.Bring! Labs AG shall not be liable - to the extent permitted by law - in particular for indirect or consequential loss or damage, such as loss of profit, loss of data or damage resulting from downloads. Insofar as the liability of Bring! Labs AG is excluded or limited, this also applies to the personal liability of employees, representatives and agents (e.g. subcontractors, suppliers, etc.).

Bring! Labs AG shall not be held liable - to the extent permitted by law - for damages resulting from illegal or non-contractual use of its Services.

Product liability and personal injury claims are reserved.

Bring! Labs AG shall not be held liable - to the extent permitted by law - for damages caused by force majeure or disruptions, in particular due to lack of internet connection, unlawful interference with telecommunications equipment and networks, network overload, intentional blocking of electronic access by third parties or interruptions.

Bring! Labs AG and the Providers operate their respective websites independently. Bring! Labs AG is therefore not liable for the content or technical design of the Providers' websites or for the content provided there. The same applies to websites of Providers or third parties to which links are provided or which are integrated into the Services in any other way.

If Bring! Labs AG collects or processes personal data in the absence of user registration, it shall do so in accordance with the provisions of Swiss data protection law. Bring! Labs AG will take appropriate measures to protect personal data and treat it confidentially.

For details on data processing by Bring! Labs AG, please refer to the Privacy Policy.

The user agrees that Bring! Labs AG may involve third parties in the provision of the Services and that personal data may be passed on to the extent necessary for such cooperation. Bring! Labs AG is obliged to carefully select, instruct and monitor the third party service providers. The user acknowledges that these third parties may process personal data abroad.

When first using Profital, a licence agreement is concluded. The contract is indefinite.

In the event of repeated breach of contractual obligations by the user despite a reminder from Bring! Labs AG, the contractual relationship may be terminated at any time with immediate effect.

The user may terminate these GTC at any time without notice by deleting the mobile app or by sending an e-mail to Bring! Labs AG

Bring! Labs AG reserves the right to amend the GTC at any time and to change or discontinue the Services. The changes will be announced in an appropriate manner, except in cases of urgency. If no written objection is received within one month of notification, the changes to the GTC and the service offer shall be deemed to have been approved. In the event of an objection, the user is free to terminate the business relationship with immediate effect.

Should any provision of these GTC be invalid, incomplete or unlawful, or should performance become impossible, the validity of the remaining parts of the contract shall not be affected. In this case, the parties undertake to replace the provision in question without delay by a valid provision which comes as close as possible to the original intention in terms of content, provided that this does not conflict with consumer protection regulations.

These GTC shall be governed by Swiss law. To the extent permitted by law, the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG, SR 0.221.211.1) and the conflict of laws provisions of the Swiss Federal Law on International Private Law (IPRG, SR 291) are excluded.

The place of jurisdiction shall be Zurich. (Partially) mandatory jurisdictions remain reserved (in particular Art. 32 and 35 CPC for consumers).

The legally binding GTC, which form an integral part of the contract, are published electronically and can be viewed at www.profital.ch/en/terms-of-use.

In individual cases, Bring! Labs AG may provide a printed version of the GTC upon request. The user acknowledges that a printed version of the GTC is only a representation of the legally binding electronic version of the GTC in force at the time and only provides legally valid information as long as it corresponds to the electronic version.