Version 1, 1.8.2016
These Terms and Conditions („T&Cs“) govern the rights and the obligations between Swiss Plastics Platform, a joint platform of Additively Ltd., Technoparkstrasse 1, 8005 Zurich, Switzerland and Messe Luzern AG, Horwerstrasse 87, 6005 Luzern, Switzerland (“Operators”) and the users as well as the registered members. These T&Cs are considered as read, understood and accepted, if a member is registered or if the Swiss Plastics Platform is otherwise used. If you do not agree to these T&Cs, please leave the Swiss Plastics Platform.
The Operators can change these T&Cs or its services at any time. Registered members will be informed about changed T&Cs or services via email and will be notified at their next visit of the Swiss Plastics Platform as a registered member. Registered members need to accept the changed T&Cs or services within 14 days after the first login after the changes occurred. Otherwise, they are not able to use the Swiss Plastics Platform as a registered member anymore.
1. Service of the Swiss Plastics Platform
1.1 . The Swiss Plastics Platform provides content and information around the topic of plastics and makes them accessible through several tools and functionalities.
1.2 . For registered members, there are further content, information, tools and functionality available.
1.3 . The content and information on the Swiss Plastics Platform are mainly not from the Operators, but from third parties.
2. Conditions and obligations of members
2.1 . Each member needs to be able to enter a binding legal contract.
2.2 . Each member is obliged to enter all information required for the registration truthfully, correctly and completely and to keep its membership profile up-to-date. When changes occur, the member is required to immediately update this information in its profile.
2.3 . Each member is responsible for the secrecy of its user name and password for the login on the Swiss Plastics Platform. Each member is responsible for all activities performed under its username, except if the Operators are responsible for the disclosure of passwords to third parties.
2.4 . Each member is oblidged to use the content, information, tools and functionalities only for the intended purposes. Forbidden is for instance the use of the content, information, tools and functionalities for the distribution of undesired advertising content (spam).
2.5 . Each member is obliged to only upload content and information on the Swiss Plastics Platform, which (i) do not violate any domestic or foreign legal regulations, (ii) for which the member has the required rights, (iii) which do not violate any protective or personal rights of third parties, (iv) which are not fraudulent or (v) are otherwise not appropriate. Each member is responsible for the contributed content and information. In case of violation of this provision, the responsible member needs to reimburse the Operators for all cost or damage (including legal fees), which incur as a result of the violation.
2.6 . Members grant the Operators a non-exclusive and unlimited usage right for all the content and information contributed to the Swiss Plastics Platform through the Operators and its affiliated companies.
3. Property rights
3.1 . The Swiss Plastics Platform and content published on it are worldwide protected through copyrights and other rights; they belong either to the Operators or third parties. The content can only be used for the purpose foreseen on the Swiss Plastics Platform. Other usage of the content is prohibited. Especially the duplication and/or publishing of the content is forbidden. Exceptions are only possible with a written permission of the Operators.
4. Limitation of liability
4.1 . The content and information on the Swiss Plastics Platform are mainly not provided by the Operators, but by third parties. The Operators does not review this content. Therefore, the Operators cannot guarantee for the validity, correctness, lawfulness, quality or suitability for certain purposes of the content and information on the Swiss Plastics Platform. The liability of the Operators for damage, futile expenses and missed earnings based on such content or the usage therefore is therefore excluded.
4.2 . However, the Operators are entitled, in case of indications of violations of domestic or foreign legal regulations or rights of third parties, of breaches of duties of members or quality shortcomings, but also at its own discretion without indication of reasons, to review and delete content and information, or to deny members the access to the Swiss Plastics Platform. The Operators will comply with the instructions of law enforcement bodies, courts and other institutions, which require, among other things, the disclosure of identity and whereabouts of persons, because legal regulations, third party rights or other obligations of these T&Cs have been violated.
4.3 . Even though Swiss Plastics Platform attempts to keep the website up and running 24 hours a day, the Operators are not liable for the temporary unavailability of the Swiss Plastics Platform, the failure of any of its functions, or the non-display of any content or information.
4.4 . Even though the access to the Website is SSL-encrypted to ensure the security of transmitted content, the Operators cannot guarantee the security of any data. Each transmission of data takes place at the members own risk.
4.5 . Any further liability is excluded to the extent allowed by law.
5. Further provisions
5.1 . These T&Cs together with the privacy govern the entire contractual relationship with the Operators in regards to the Swiss Plastics Platform.
5.2 . In case a provision or parts of a provision in these T&Cs are found to be invalid, this provision will be replaced through an economically equivalent condition, whereby all other provisions of this T&Cs stay fully valid.
5.3 . Messages from the Swiss Plastics Platform to its members are considered as delivered, if they are sent to the email address last indicated in the member profile.
6. Applicable law and juristiction
6.1 . These T&Cs are subject to Swiss substantive law, to the exclusion of private international law and the Vienna Sales Convention.
6.2 . Disputes arising in association with these T&Cs or the usage of the Swiss Plastics Platform shall be subject to the sole jurisdiction of the competent courts in 8005 Zurich, Switzerland