2. The Platform
The Gowago Platform is a digital car e-commerce platform allowing anyone to get for a monthly price any of the cars displayed on the Platform, for the displayed price, and to choose amongst several services we offer in connection with this process (such as our “trade-in” service). In addition, Users can subscribe to our “All-in-one services”, which combine insurance, taxes, servicing, tyres, and an extended warranty for car leasing.
3. Terms of Access
Any access to, and use of, the Platform, the Services, or any content available on the Platform (the Content), are subject to acceptance of these ToU. Anyone who accesses and/or uses the Platform, the Services and/or the Content (a User or you) acknowledges having read, understood and agreed to these ToU.
3.2. Legal entities
Any use of the Platform on behalf of a legal entity is deemed acceptance of these ToU also for this legal entity. By using the Platform or by creating an Account (art. 3.5 ToU) on behalf of a legal entity, you confirm that you are duly authorized to do so and have the capacity to bind this legal entity. In this case, these ToU apply to you and your organization (both referred to as “you” in this document)
3.3. Personal prerequisites
The Platform and the Services may only be used by persons who are at least 18 years or of legal age and whose official residence is in Switzerland.
You are responsible for procuring at your expenses the equipment and software (computer, software, telecommunication means, etc.) required to access the Platform, and for the payment of any costs incurred through their use.
Certain features of the Platform may only be available to users having created a personal account (the Account) and being logged-in to their Account. Accounts may only be created by or on behalf of one single person (either an individual or an entity) and shall be used only by or on behalf of that person. You are not authorized to create multiple Accounts, or to share, sell or buy an Account.
4. Users’ General Duties and Responsibilities
4.1. Compliance and Restrictions
You must at all times comply with these ToU and all laws and regulations applicable to your use of the Platform and Services. Subject to mandatory law to the contrary, you are not allowed to:
- use and/or access the Platform and Services for purposes other than those provided for in these ToU;
- copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Platform, the Services and/or the Content;
- access or attempt to access the source code of the Platform, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform or its infrastructure;
- introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information
- access or use the Platform for the purpose of building a competitive product or service or copying its features or user interface;
- gather the email addresses or other Content available on the Platform for purposes of spamming or for any non-personal or commercial purposes; and
- allow third parties to use all or part of the Platform, Services or Content to which access is restricted.
You warrant that all information you provide in the registration process or otherwise is true, accurate, and not misleading. You must keep such information up to date at any time.
If you have an Account or have received credentials to perform certain actions on the Platform (such as filling out a lease application), you are responsible for the quality and confidentiality of your credentials and for the use that is made of using such credentials, including any third party's use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access of your Account or unauthorized use of your credentials, or any other breach of security.
Without limiting the rights otherwise provided under these ToU, in the event of non-compliance with these ToU, we reserve the right to refuse you access to the Platform, suppress your Account (if you have one), or refuse to provide the Services.
5. Vehicles Presentation and Prices
5.1. Images and Descriptions
We describe on the Platform the vehicles as precisely as possible. However, the images displayed on the Platform are indicative only and have no binding contractual effect. Vehicles imagery may differ from the final prices and vehicle model.
We will in general state when vehicles and equipment are not available. However, their availability is not guaranteed and requests are placed subject to availability.
Although we always try to ensure that the list of equipment for the vehicles displayed on the Platform is correct, errors may occur from time to time. The correct and final list of equipment will be made available to you prior to signing the final lease or other contracts (the Contracts). You must review this list carefully and only sign the Contracts if you agree with it. You have the possibility to cancel your application prior to signing the Contracts if you are not satisfied by the final list of Equipment. You have no further claim in this context and may not cancel a Contract already entered into.
Unless otherwise stated, the prices displayed on the Platform are in Swiss francs (CHF), including VAT. Most of the time, the prices indicated on the Platform will be correct and final. However, we may have to adapt the prices in certain circumstances. This may be the case if the information we received from you was incomplete and inaccurate, if you changed your parameters, in case of changes by our partners between the moment you submit your initial request and the finalization of your application, or in case of technical errors. We therefore reserve the right to modify the prices and other financial terms during the leasing application process. The actual prices applicable to your lease will be those indicated on your Contracts. You have the possibility to cancel your application prior to signing the Contracts if you are not satisfied with the updated price.
5.5. Promotional codes
We may from time to time offer to certain Users promotional codes. Promotional codes have a limited period of validity and can not be used in combination with other promotional codes or any other discount granted.
5.6. Additional costs
Prices displayed on the Platform are in general inclusive of all costs. However, they do not include the fees for the car delivery services, which you may optionally require. The fees applicable to such services, if relevant to your order, will be indicated in your Contracts.
6. Lease Application and Request for Additional Services
6.1. IMPORTANT INFORMATION – OVER-INDEBTEDNESS
THE GRANTING OF CREDIT IS PROHIBITED IF IT LEADS TO OVER-INDEBTEDNESS OF THE CONSUMER (Art. 3 of the Unfair Competition Act). You should not request a leasing or loan if your financial situation does not allow it. A prerequisite for the granting of credit is in any case a successful creditworthiness check which will be carried out by us and our partners.
6.2. IMPORTANT INFORMATION – ORDER PROCESS
After having selected a vehicle and leasing conditions, you can start a lease application and request additional Services on the Platform.
By clicking on the “Start My Application”, you acknowledge and agree that you initiate a contractual process with the view of entering into a lease agreement and that we and our partners will need to take precontractual steps at your request in order to process your request, as described in these ToU and on the Platform. This includes in particular conducting credit checks with the helps of our partners to verify your eligibility for a loan (see section 6.3) and the sharing of information with Migros Bank (see Section 6.5).
The lease conditions selected at the beginning of your application process (type of vehicle, lease duration, mileage, etc.) will continue to apply, unless a modification in made in accordance with these ToU.
As part of your application process, you must fill in the information and upload the documents which will be requested on the Platform. You have the possibility to save your information at each step of the process to reuse it at a later moment if you must temporarily suspend it. We will also save your information when you complete all fields of a step and move to the next one. If you leave the Platform in the middle of a step, the information of this one will not be saved. In any event, we will delete uncomplete requests after a period of time, in accordance with our privacy notice. If we have your contact details, we will inform you in advance to allow you to complete your application.
6.4. Verification and Credit Checks
In order to verify your eligibility for a lease or similar services, we will need to review the information you have provided and conduct credit checks. To this end, we will process your information and share it with our partners as specified in our privacy notice and below in section 6.5.
6.5. Lease with Migros Bank
Within the framework of the lease financing, GOWAGO partnered with Migros Bank AG (Migros Bank) as its exclusive cooperation partner. Accordingly, if you request a lease financing on the Platform, Migros Bank will be your contractual partner for the lease Contract (and not GOWAGO). This necessitates an exchange of information between Migros Bank and GOWAGO, as well as well as other third parties for the purpose of processing the lease financing (including the application process and the contract management). You acknowledge that GOWAGO may store customer data using the cloud infrastructure of a service provider headquartered in the USA (see sections 6 and 7 of our privacy notice) and use digital solutions provided by third parties, which may be headquartered outside of Switzerland, for the purpose of signing documents (including those that may contain bank customer data). In addition, you acknowledge that Migros Bank cooperates with external partners for the purpose of carrying out the creditworthiness checks required for the lease financing and for the purpose of enabling video identification and electronic signing of bank documents. Accordingly, by starting an application process for a lease financing on the Platform, you:
- confirm that (i) the information you have provided is complete and true, (ii) you are in good health, fit for work, currently employed and not under notice of termination of employment; and (iii) you have read and understood the information on data protection provided by Migros Bank AG (available at https://www.migrosbank.ch/grundlagen ), as well as our own privacy notice. If you provide as part of the leasing applications information about third parties, you are responsible for ensuring that the concerned individuals have given their consent;
- consent that, for the purpose of processing the lease financing, information may be transmitted to your email address in unencrypted form, whereby third parties could infer a banking relationship;
- release Migros Bank completely from the bank secrecy towards GOWAGO (or, to the extent necessary for the present purposes, vis-à-vis any other third parties involved in the context of the lease financing (including the contract initiation phase)) and agree to the mutual exchange of information between Migros Bank and GOWAGO (or any other third parties involved in the process) that is necessary for the processing of the lease Contract and other (verification) actions associated with the lease financing; and
- authorize Migros Bank to obtain from or provide to public offices, the Central Office for Credit Information (ZEK), the Consumer Credit Information Center (IKO) and other third parties (e.g. credit information service providers such as CRIF AG) all information required for the verification of the leasing application and for the processing of the leasing Contract. Once information is transmitted, Migros Bank no longer has any control over it and it may no longer be protected by bank secrecy. To this extent, you release Migros Bank from the obligation of secrecy and bank customer confidentiality and consent to the transfer of your information to the aforementioned partners for this purpose.
- In order to enable qualified electronic signature of the leasing Contract documents and to perform the customer video identification required for this purpose, Migros Bank works with Intrum, IDnow and QuoVadis, which process part of the personal data transmitted in this context, as well as the sound and image recordings made in a subsequent step of this process, from abroad (EU, Bermuda, USA), where such data is no longer protected by Swiss bank secrecy. In this context, you release Migros Bank from bank secrecy and consent to the transfer of your data to the aforementioned partners for this purpose.
This section 6.5 only applies to lease financing. If you opt for a car abonnement (subscription), GOWAGO will be your contractual partner for the abo Contract and this section 6.5 will not apply. As already stated in section 6.1 above, the granting of credit is prohibited if it leads to over-indebtedness (Art. 3 UCA).
6.6. Additional Services
We offer various additional Services which you may optionally request, such as our “trade-in” Service (purchase of your car) and our “All-in-One”. The Services are provided by us, but we may use in this context external partners acting as our sub-contractors.
6.7. Execution of Contracts
To the extent your request is accepted, you will receive an email with a link to access and sign online the relevant Contracts (such as our lease or abo Contracts, as well as additional Contracts depending on the Services you requested). You should carefully review the Contracts prior to signing them.
Once your Contracts are executed, they will govern the contractual relationship regarding their subject matter, to the exclusion of these ToU or any other information that was shared with you prior to them (such as information on the website).
6.8. Order Confirmation or Rejection
Once the Contracts have been validly executed by all parties, and any required prepayment has been made, we will send you a written confirmation thereof. The Contracts will only be deemed validly executed once this confirmation is sent by us. If for any reason prior to that we must reject or cancel your request, we may do so without liability to you, in which case you will be notified by email and will no longer be bound by your order.
Unless other specified in the Contracts, you must picked up your vehicle at the partner location designated in your Contract. We may offer for a fee a delivery services, in which case the vehicle will be delivered to the address you designated. Delivery dates are provided for indicative purposes only. We reserve the right to contact you for further information regarding your delivery.
6.10. Inspection and Acceptance
You are required to inspect the vehicle with all due care immediately upon pick up and to object to any defects affecting them.
7. Data protection
8. Support, Maintenance, and Availability
If you encounter any problem regarding the Platform, you may submit a request to our support team by email at email@example.com and we will revert as soon as possible.
8.2. Maintenance and Availability
We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Platform, the Services and the Content. Although we will use reasonable endeavors to maintain their availability, we do not guarantee it.
9. Intellectual property
9.1. Title to IP
We and our licensors own the copyright and all intellectual property rights in and to the Platform, the Services and the Content.
Subject to your compliance with these ToU and any additional applicable terms referred to on the Platform, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Platform and the Content for your own personal use, strictly for the purpose of using the Platform and the Services in accordance with these ToU. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Platform or the Services on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights to the Platform, the Content and the Services not expressly granted herein.
9.3. Third-Party Content
The Platform and Services may contain Content and/or software components developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Platform.
If you think that the Platform, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at firstname.lastname@example.org and we will investigate your request.
The Platform, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Platform, Services or Content. In Particular, we make no warranty, express or implied, commitment or representation that (i) the Platform will meet your needs, (ii) the operation of the Platform will be uninterrupted, secure or error-free, (iii) the information and Content available on the Platform will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Platform will be accurate or reliable or (v) we will ensure continued compatibility of the Platform with any third-party products, even if they were compatible at any given moment. You access and use the Platform and the Services at your sole risk.
Any document or Content downloaded or obtained through the use of the Platform is at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.
10.3. Third-party content
The Platform may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Website, you accept these risks. We decline all responsibility in this respect.
You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Platform or the Services, (ii) the unauthorised access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Platform, (iv) the Content available on the Platform, as well as all linked websites and all documents disseminated on the Platform, (v) any other cause relating to the Platform.
11.2. Limitation of liability
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service , insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service.
You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys' fees, resulting from your breach of these ToU, whether or not you are at fault, in particular if you use the Platform in breach of these ToU.
13. Amendment and suspension
13.1. In General
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Platform, any Content or any Service, with or without notice, without incurring any liability.
If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Platform, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability.
14.1. Severability clause
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.
14.3. Force Majeure
We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
14.4. No waiver
Any delay or failure by GOWAGO to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.
15. Applicable law, jurisdiction and venue
15.1. Applicable law
These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
The competent courts at the registered office of GOWAGO have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
For any questions regarding the Platform or the ToU, you may contact us at by email email@example.com and we will respond as soon as possible.
You may also call customer services from Monday to Friday from 9am to 6pm Swiss time, at +41 44 461 13 44. Our customer service is available in English, French and German.
17. Translations Amendments
The original language of these ToU is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via e-mail, or via the Platform, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Platform subsequent to this notification shall constitute acceptance of the ToU, as amended.