1. Scope
These terms of use for the Sales Portal (Sales Portal ToU) apply to the GOWAGO Sales Portal accessible without limitation at sales.gowago.ch (the Platform), and its functionalities, which are provided by GOWAGO AG, Josefstrasse 216, 8005, Zürich, Switzerland (we, our or GOWAGO). These Sales Portal ToU apply instead of the terms of use for our platform.
2. Terms of Access
2.1. Acceptance
Anyone who accesses and/or uses the Sales Portal, the Services and/or the Content (a User or you) acknowledges having read, understood and agreed to these Sales Portal ToU.
2.2. Personal prerequisites
To use the Sales Portal or the Services, you must (i) be and remain an employee, agent or representative of an organization which is a partner of Gowago in connection with the Sales Portal (the Organization), (ii) be and remain authorized by your Organization to access and use the Sales Portal; and (iii) have received from your Organization or us initial credentials for the registration of your account.
3. Users’ General Duties and Responsibilities
You must at all times comply with these Sales Portal ToU and all laws and regulations applicable to your use of the Sales Portal and Services. Subject to mandatory law to the contrary, you are not allowed to:
− copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Sales Portal or its content;
− attempt to copy, modify, create derivative works from, republish, transmit, distribute, or otherwise make available or disclose to any third party (other than your Organization) all or any portion of the Sales Portal or its content;
− access the source code of the Sales Portal , attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Sales Portal or its infrastructure;
− make any alteration to the Sales Portal , or insert any malicious software into the Solutions or its infrastructure;
− access or use any part of the Sales Portal 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 Sales Portal for purposes of spamming or for any non-personal or commercial purposes; and
− allow third parties (other than your Organization) to use all or part of the the Sales Portal , its content or functionalities.
Furthermore, you must comply with any additional restrictions set forth by your Organization. Without limiting the rights otherwise provided under these Sales Portal ToU, in the event of non-compliance with these Sales Portal ToU, we reserve the right to refuse you access to the Sales Portal and/or suppress your account (if you have one).
4. Support, Maintenance, and Availability
If you encounter any problem regarding the Sales Portal , you may submit a request to our support team by email at partner.support@gowago.ch and we will revert as soon as possible.
We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Sales Portal . Although we will use reasonable endeavors to maintain their availability, we do not guarantee it.
5. Amendment and suspension
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Sales Portal, with or without notice, without incurring any liability.
6. Data protection
We have issued a privacy policy, which describes how personal data is collected through our services and for what purposes. Our privacy policy also applies to the Sales Portal , subject to the following clarifications:
− References to the "Platform" in the privacy policy must be understood as to include the Sales Portal , and reference to the "ToU" as a reference to th e Sales Portal ToU.
− Our privacy policy does not address how your Organization collects and uses your personal data. Please refer to your Organization’s privacy policy for information about its processing activities.
− Some information about you may be provided to us directly by your Organization. If this is the case, it is your Organization which is responsible for ensuring that your personal data is collected and transferred to us in accordance with all privacy and data protection laws of all relevant jurisdictions, based on an appropriate legal ground.
− We may share certain data, such as logs, interaction data and diagnostic data to enable your Organization to manage the Services.
− If you would like to make any requests or queries regarding our processing of your personal data on behalf of your Organization, please contact your Organization directly. For example, if you wish to request access , correct, amend, or delete inaccurate personal data that was originally transmitted by your Organization, please direct your query to your Organization. If we are requested by your Organization to remove your personal data, we will respond to such request in a timely manner upon verification and in accordance with applicable law (for example, 30 days under Swiss law). Please note that some information about you may have to be retained for the duration of our contractual relationship with your Organization, even if your account is terminated.
7. Intellectual property
We and our licensors own the copyright and all intellectual property rights in and to the Sales Portal , its content and any services provided through it.
Subject to your compliance with these Sales Portal ToU and any additional applicable terms referred to on the Sales Portal , we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Sales Portal and its content, strictly for the purpose of using the Sales Portal in accordance with these Sales Portal ToU on behalf of your Organization. We and/or our licensors reserve all rights to the Sales Portal , the Content and the Services not expressly granted herein.
8. Warranty
The Sales Portal is 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 Sales Portal , Services or Content.
9. Liability
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). 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), insofar as such exclusion is permitted under applicable law.
10. Miscellaneous
If any provision of these Sales Portal 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.
These Sales Portal 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 Sales Portal ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these Sales Portal 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.
11. Contact
For any questions regarding the Sales Portal or the Sales Portal ToU, you may contact us at by email partner.support@gowago.ch 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.
12. Translations Amendments
The original language of these Sales Portal 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 Sales Portal 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 Sales Portal , e.g. through banners, pop-ups or other notification mechanisms). Any use of the Sales Portal subsequent to this notification shall constitute acceptance of the Sales Portal ToU, as amended.
Last updated: 03.05.2022