1.3 Links to third party platforms. The Services may contain links to third party platforms maintained by other content providers. GOWAGO AG hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third party platforms.
1.4 Amendments. The ToU may be amended from time to time and such amendments shall be notified to visitors on the Website. By continued access or use of the Services after any amendment of the ToU, Users (see definition under Section 2.2) agree to be bound by any such amendment.
2.1 Account. Certain Services and sections of it require the registration of an account (the Account) and to sign-in before they can be used. By registering an Account or using the Services through any other means, Users warrant that they are of legal age and have unrestricted legal capacity in their country of domicile or residence.
2.2 By registering an Account, you become a registered user as Seller or Customer (together the Users). The Seller is generally a car seller or leasing provider who offers and commercializes cars online and/or at a dealership or any other point of sale directly to the Customer through and/or on the Services. The Customer is a potential or actual end customer who wishes to acquire and purchase, or acquires and purchases, cars (online) directly from Seller through and/or on the Services.
2.3 Accuracy. Users warrant that all information provided to GOWAGO AG in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
2.4 Confidentiality. Users agree to keep their login and password confidential. Users acknowledge that Users are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Users authorized such use or not. Users shall be fully liable for any losses and/or damages that may result from any such use. Users agree to immediately notify GOWAGO AG of any unauthorized access or use of their Account or any other breach of security.
2.5 Cancellation of Account. GOWAGO AG reserves the right to temporarily or permanently cancel an Account at any time without notice and without any compensation, for any reason whatsoever, without incurring any liability.
3. User Content
3.1 User Content. Sellers are granted without limitation the possibility to post on, transmit through, or link from the Services text, files, images, photos, videos, or other materials (the User Content). Notably without limitation, a Seller can describe to Customers the car offered as leasing / sale opportunity with specific User Content.
3.3 Responsibility. Sellers understand and agree that all User Content posted on, transmitted through, or linked from the Services, are the sole responsibility of the Seller from whom such User Content originates. GOWAGO AG has no liability related to the User Content, whether arising under intellectual property, unfair competition and price indication laws, libel, privacy, obscenity, or otherwise.
3.4 Restrictions. Sellers represent and warrant that their User Content: (i) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about themselves or any information about any other individual or company; (vi) shall not be inadequate or inadequate language; and (vii) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.5 No obligations. GOWAGO AG reserves the right (but not the obligation) to take any action with respect to the User Content, if GOWAGO AG believes that it may create liability for GOWAGO AG or may cause GOWAGO AG to lose the services of GOWAGO AG’s Internet service providers or other suppliers and/or providers.
3.6 No warranties. GOWAGO AG cannot, nor does GOWAGO AG undertake any obligation to, control the User Content. By its very nature, the information in the User Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. GOWAGO AG does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does GOWAGO AG undertake to verify, update or correct such information. GOWAGO AG also does not make any representation or warranty, express or implied, regarding any User Content. GOWAGO AG reserves the right to adjust, refuse or remove any User Content at GOWAGO AG’s sole discretion, in particular to comply with any applicable law.
4. Use of the Services and license
4.1 License. Subject to the Users’ compliance with the ToU, GOWAGO AG grants Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services for, notably without limitation, (i) allowing Customers to search and get an overview of (estimated) car leasing / sale offers and GOWAGO AG All-in-one full service leasing product on the market; (ii) allowing Customers to send out a request for personalised assistance for a car leasing application and GOWAGO AG All-in-one full service leasing product; (iii) enabling Sellers and GOWAGO AG to provide car leasing / sale and GOWAGO AG All-in-one full service leasing product included offers; and (iv) enabling Sellers and GOWAGO AG to lease cars and the GOWAGO AG All-in-one full service leasing product online directly to Customers.
4.2 Restrictions. To the extent permitted by applicable law, Users are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the Platform; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the Platform, to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the content of the Platform. Without prejudice to the ToU, GOWAGO AG and/or its licensors reserve all rights on the Services not expressly granted herein.
Restrictions Dealership and other stakeholder. The lead recipient (dealership, bank or any other partner working with the GOWAGO AG service for commercial use) will not:
(i) use any email address it receives for automated marketing purposes without consent of the Customer; (ii) store the Customer data in databases which are accessible by third parties; (iii) sell the Customer data internally or to third parties; (iv) share the Customer data internally to departments that are irrelevant to the lead; (v) be libelous or maliciously false; (vi) be deceptive, offensive, harassing, inappropriate, obscene, indecent, violent, racist or bigoted; (vii) infringe any rights of another person, including any intellectual property right, right of confidence or privacy, or any rights under data protection legislation; (viii) be untrue, false, inaccurate or misleading.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. You should therefore exercise some degree of caution when reading user content on any website. By using the website you accept that you use the website at your own risk.
4.3 No obligations. GOWAGO AG shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. GOWAGO AG reserves its right to edit, review or modify the content of the Services without prior notice at any time notably without limitation for purposes of compliance with the ToU or any applicable law. GOWAGO AG reserves its right to investigate on any infringement or behavior affecting the Services. GOWAGO AG reserves its right to cooperate with competent authorities in case of violation of any applicable law.
4.4 Representations and warranties of Users. Users represent and warrant (i) not to infringe, or cause a third party to infringe, any applicable law or regulation; (iii) not to use their Account and the Services for any unlawful purpose; (iv) not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (v) not to include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (vi) that their use of the Services shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. Intellectual property
5.1 Ownership of GOWAGO AG. Without prejudice to Section 6.1, GOWAGO AG and its licensors own the copyright and all intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties.
5.2 Ownership of Users. Without prejudice to Section 3.2, Users or their licensors retain ownership of all rights, title and interest in and to their User Content.
5.3 Infringement. If Users think that the Services or the provision of any content of the Services infringe any copyright or other intellectual property right, Users may at all times contact GOWAGO AG at firstname.lastname@example.org and ask GOWAGO AG to remove such content from the Services.
6. Privacy and data protection
7. Suspension and termination of use
7.1 Suspension and termination. Users agree that GOWAGO AG may, at GOWAGO AG’s sole discretion, suspend or terminate their Account, and/or their access and/or use to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these ToU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, their right to access and/or use the Services will immediately cease, and subject to applicable law, GOWAGO AG reserves the right to remove or delete any information and/or content, in particular the User Content, including any Account or login information.
8. No warranties and liability
8.1 No warranties. Users agree that their access and use of the Services shall be at their sole risk and liability. Users acknowledge that the content of the Services is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, GOWAGO AG disclaims all warranties, express or implied, in connection with the Services and their access and use thereof.
8.2 No further representations and warranties. Furthermore, GOWAGO AG makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, notably User Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
8.3 No liability. To the extent permitted by applicable law, GOWAGO AG waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably User Content, provided on or otherwise in connection with the Services.
8.4 Parties to the transaction. The parties to a leasing / sale including the GOWAGO AG All-in-one full service leasing product transaction are a Seller, GOWAGO AG and a Customer. Each Customer shall exercise his/her rights directly against the Seller and / or GOWAGO AG. In case of problems or dispute concerning a leasing / sale and / or GOWAGO AG All-in-one full service leasing product transaction, each Customer can contact GOWAGO AG at email@example.com and GOWAGO AG will develop its best efforts to assist the concerned Seller and Customer or between GOWAGO AG and the Customer to solve their problem or dispute between them.
9.1 Indemnification. Users shall defend, hold harmless from and indemnify GOWAGO AG for any claim, demand, suit, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by GOWAGO AG from another User of the Services or a third party arising out of the Users’ access and use of the Services and/or any infringement of the ToU.
10.1 Miscellaneous. 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.
11.1 Contact. If Users have any questions regarding the Services, or the ToU please contact GOWAGO AG at firstname.lastname@example.org.
12. Governing law and jurisdiction
12.1 Governing Law. These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
12.2 Jurisdiction. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the courts of Zürich, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.