General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions ("Agreement") constitute a legally binding agreement between the subscriber of the services ("User" or "You") and Red & Red AG ("Operator"). By registering for the services, accessing the services, or using the website, you, as the User, acknowledge that you have read and agree to the terms of these GTC. If you enter into this agreement on behalf of a company or another legal entity, you declare that you are authorized to bind this entity to this agreement. In this case, the terms "User" or "You" refer to this entity. If you do not have such authorization or do not agree with the terms of this agreement, we ask you not to accept this agreement and not to use the services. You acknowledge that this agreement is a legally binding contract between you and the Operator, even if it is electronic and not signed by you, and that it governs your use of the services.

2. Services of Local Auction

Local Auction offers a subscription service that provides its users with an overview of real estate and land foreclosure auctions in Switzerland. The Operator provides information on completed and upcoming foreclosure auctions.

3. Registration and User Account

1. You can visit the Local Auction website as a visitor, but using certain features and services of Local Auction requires registration or a paid subscription.
2. The User is required to (i) provide truthful and complete information during registration and when purchasing a subscription, (ii) ensure the accuracy and currency of account information, including a valid email address and billing information, at all times, and (iii) keep all passwords for their user accounts secure.
3. The Operator reserves the right to suspend or delete user accounts if violations of these GTC or legal regulations occur.

4. Use of the Platform

1. Users may only use the platform for its intended purposes. Misuse, particularly bypassing technical security measures or automated data extraction, is prohibited.
2. Specifically, Users are not permitted, either directly or indirectly, to (i) sublicense, resell, rent, lease, transfer, assign, temporarily provide, or otherwise commercially exploit or make the services or parts thereof available to third parties; (ii) use the services for any purpose or in any manner that is illegal (including, but not limited to, violations of data, privacy, anti-corruption, or export control laws) or prohibited by this agreement; (iii) read or attempt to read or derive the source code of the services or the underlying software (unless legally permitted); (iv) circumvent technical restrictions of the services; (v) interfere with or attempt to disrupt the integrity, security, functionality, or performance of the services or their components; (vi) use the services in a way that damages or impairs the website or disrupts the use of the services by other parties; (vii) create modifications, translations, adaptations, or derivatives of the services or attempt to create derivative works thereof; (viii) access the services if you are a competitor or use the services to create a similar or competing product; (ix) hack the services or otherwise attempt to gain unauthorized access to the services or related systems or networks; or (x) use or launch an automated system, including 'robots,' 'spiders,' or 'offline readers,' that sends more request messages to our servers within a certain period than a human could reasonably generate using a conventional browser in the same period.
3. The provided information is for informational purposes only. The Operator assumes no liability for the accuracy, completeness, or timeliness of the content.

5. Use of the Chatbot

6. Subscription Start and Payment

1. The completion of a subscription is tied to an immediate payment of the subscription fee.
2. The operator reserves the right to restrict or revoke subscriptions if the user misuses the platform (see section 4.1).
3. Unless the user cancels their paid subscription 24 hours before the expiration, the operator will automatically charge the selected payment method with the subscription fee for the next billing period.

7. Right of Withdrawal and Early Expiry

1. Consumers generally have a 14-day right of withdrawal.
2. However, this right of withdrawal expires early if Local Auction begins to fulfill the contract before the end of the withdrawal period with the consumer’s express consent and after the consumer has confirmed awareness of the loss of the right of withdrawal.
3. The consumer therefore agrees that access to the platform will be activated immediately after the conclusion of the contract and expressly confirms that they lose their right of withdrawal by giving this consent. Without this consent, the contract cannot be technically concluded.

8. Fees and Payment Terms

1. The basic version of Local Auction is free of charge. Additional services or premium offers may incur fees, which will be transparently communicated before use.
2. To use our additional services, Users must purchase a subscription and provide a current, valid, and accepted payment method.
3. Subscription payments are due in advance on a monthly or yearly basis, according to the chosen subscription plan. Unless the User cancels their current subscription at least 24 hours before the billing date, the User agrees that the subscription fee for the following billing period will be charged to the stored payment method.
4. In the event of payment default, the Operator will restrict access to paid services until a valid payment method can be successfully charged.
5. The Operator is not responsible for currency exchange when processing payments. For certain payment methods, the issuer of the payment method may charge additional fees, such as foreign transaction fees or other processing fees. You are solely responsible for any such fees.

9. Contract Duration and Termination

1. The contract between the Operator and the User is concluded for an indefinite period. The User may cancel their subscription at any time before the last day of their current subscription period. Subscriptions remain valid until canceled by the User and automatically renew unless canceled at least 24 hours before the end of the current subscription period.
2. The cancellation must be made independently by the customer through their account on the website.
3. The Operator may terminate the contractual relationship with 14 days' notice or immediately suspend access in the case of serious violations of the GTC.
4. The termination of a paid service takes effect at the end of your prepaid subscription period. Upon termination, you are not entitled to a refund of prepaid or unused fees, and you agree to promptly pay all outstanding fees due until the end of the relevant subscription period.

10. Disclaimer of Liability

1. The Operator strives to provide accurate and complete information on the Local Auction platform but assumes no warranty for the timeliness, accuracy, or completeness of the provided information. The Operator reserves the right to change or update content at any time without prior notice.
2. The Local Auction platform contains links to external third-party websites over which the Operator has no influence. The Operator does not regularly review linked pages unless there are specific indications of legal violations. If any legal violations become known, the Operator will remove such links. The responsibility for the content of linked pages always lies with the respective provider or operator of the linked website.
3. All content on the Local Auction platform is for informational purposes only and does not constitute guarantees or warranties regarding their accuracy or completeness. Property descriptions, documents, and images may be inaccurate. The User acts at their own discretion and should seek independent professional advice if necessary.
4. The platform may be temporarily unavailable, for example, due to maintenance work. The Operator is not liable for any resulting damages or lost business.
5. Any liability of the Operator for direct or indirect damages resulting from the use or unavailability of the platform is excluded.

11. Privacy Policy

The processing of personal data is carried out in accordance with Local Auction's Privacy Policy. Users agree to the storage and processing of their data within the framework of legal regulations.

12. Changes to the GTC

1. The Operator reserves the right to change these GTC at any time.
2. Continued use of the platform after the amended GTC take effect constitutes acceptance of the new terms.

13. Final Provisions

1. If any provision of these GTC is invalid or becomes invalid, the validity of the remaining provisions remains unaffected.
2. Swiss law applies. The exclusive place of jurisdiction is Zug, Switzerland.