General Terms and Conditions


Definitions

GTC General Terms and Conditions

Operator  gern gscheh AG

User Visitors, Project Manager Supporters together, visitors of not registered users of the platform gern-gscheh.ch

Project Call for donations published on the platform for the implementation of a non-commercial activity.

Project manager Legal or natural person who is responsible for the publication and realization of projects on the platform.

Supporter Legal or natural person who is registered on the platform and supports projects through donations.

Seat  Corresponds to the seat of the operator. The seat is located at Obermatt 1 in 5105 Auenstein

Donation Financial support provided by means of a gift or support provided free of charge in the form of voluntary work ("time gift"), transport of

Material ("transport gift"), or payment in kind ("material gift")

Appeal for donations A request for assistance through transfer of assets and/or work performance addressed to an unspecified number of natural and legal persons.

Scope of Application

The operator makes the platform available to you via his website in accordance with these terms and conditions. By registering and/or using the platform via the website gern-gscheh.ch (hereinafter referred to as platform), you expressly agree to be bound by the GTC of the operator and the platform. A use is deemed to exist if the website http://www.gern-gscheh.ch is accessed in an internet browser or if a company account has been paid. The GTCs govern all relations between you and the operator conclusively. 
The operator reserves the right to change these GTC at any time. If the Operator makes changes, the revised Terms of Use will be published on this website and will indicate the date of the last change. Users will be notified of the changes to the Terms of Use at least seven days before they come into effect. By continuing to use the platform after the entry into force of the new GTC, the User declares his or her express acceptance of the new GTC. To the extent permitted by law, the German version of these GTC is binding. To the extent permitted by law, translations are intended solely to make them easier for users to understand. 
If you do not wish to accept the Terms of Use, you can stop using the platform at any time by deleting your data and your profile. 


Purpose

This platform enables private persons (natural persons), associations, cooperatives, aid organisations, foundations and other legal entities to place their own projects and a related campaign on the platform. The campaign serves to raise donations from an unspecified number of legal and natural persons. Furthermore, the platform enables supporters to support projects of third parties (natural and legal persons) by means of donations.
The services offered constitute a platform. The operator is neither financial institution, financial intermediary nor broker. The operator is not involved in the projects of the users. The operator is not a charity organisation. The projects are the sole responsibility of the project managers.

Object of Performance

The operator enables all natural persons and visitors to use the platform free of charge. The operator offers corporate accounts and marketing services for legal entities. We operate compliance, remove negative entries and fallible users as soon as we receive corresponding information. Our payment provider offers tools to detect fraud and money laundering. We cooperate with law enforcement agencies. Beyond that the operator does not commit to any further services.
The operator also offers paid promotion services via the platform. Paid promotion services are only provided for legal entities and are described in detail in the section "Corporate accounts and promotions".
There are no fees for the creation and publication of projects. For money transfers for projects, a fee of 5.8% is charged for our payment partner and for the operator's compliance efforts.
All information and content provided by the operator via the platform is for information purposes only. The operator does not make any recommendations to support projects on the platform. No projects, organisations or users are supported or endorsed by the operator. The operator does not assume any obligations in connection with projects and does not guarantee their realization or their authenticity. Projects are published on the platform independently by project managers without any background check regarding users, project managers, the feasibility of the project, the legality of a project etc. The operator is not obliged to check the purpose of the support money given by the user. The operator gives no guarantee for the correctness, completeness, topicality or reliability of information about projects and project managers. None of the provided content is to be understood as financial, legal, fiscal or professional advice. Before you make any decisions regarding projects, charities, donations, donors or any information or content related to the platform, you should seek the advice of your financial, legal or tax advisor or, where appropriate, another advisor who is competent in the relevant field. Access to any content and information provided through the Platform is at your own risk.
The operator has no control over the behaviour or information provided by a project manager, charity or other user. The operator hereby excludes any liability in this connection to the greatest extent possible under applicable law. In particular, the Operator's liability is limited to direct damage caused by the Operator intentionally or through gross negligence. Liability of the operator for indirect damages, consequential damages, such as lost profits or claims of third parties against the operator, is excluded, as far as legally permissible. The operator assumes no responsibility or liability for the topicality, correctness, completeness or quality of the information provided, nor for any misuse of information. The operator is neither liable for the correctness and completeness of the information provided by users and supporters nor for the correctness and completeness of the documents uploaded on the platform.  Likewise, the operator assumes no liability for the legally valid conclusion and fulfilment of contracts between users as agreed.
The operator expressly rejects any liability and responsibility for the result or success of a project. As donors, the users bear the final decision on the usefulness and appropriateness of a contribution to a project or charity organisation.
All donations are at your own risk. If you make a donation through the platform, it is your responsibility to understand how your donation will be used. The operator is not responsible for offers, promises, rewards that are made or offered by users. The operator cannot verify the information provided by project managers, nor does the operator assure or guarantee that the donations will be used in accordance with the purpose stated by the project manager or user or in compliance with applicable laws. Any liability in connection with the use of the donations by users or project managers is excluded to the extent permitted by law. However, the operator takes possible fraudulent activities and the misuse of donations very seriously, notwithstanding the above-mentioned points. When reports are received, the reported users and their activities are checked. The operator asks users to report project managers if there is reason to believe that donations are not being collected or used for the stated purpose.

Obligations of the Users

By registering on the platform, Users warrant that they are 18 years of age or older and are capable of acting. If a User is a legal entity, it warrants that it is capable of taking legal action and is registered or constituted in accordance with the applicable legal provisions of the state in which it was founded.
The User warrants that all data provided by him on the Platform is true and complete. The User is obliged to notify the Operator immediately of any changes to his user data. If the User is a registered project manager and/or supporter, notification must be made by adjusting the profile details.
The user assumes full responsibility for his use of the platform. The user guarantees to publish only true and not misleading information, texts etc. on his profile, within the platform and when using the community functions. Special attention must be paid to the fact that personal wishes and projects must be clearly declared and clearly distinguishable from charitable projects.
The user undertakes to indemnify the operator from all claims, in particular claims for damages, lawsuits, damages, losses or other claims, which are caused by the user due to negligent or intentional behaviour. The indemnification also includes all costs incurred by the operator for lawyers, legal proceedings, etc.
The User is obliged to treat e-mails and other messages from Users, supporters or the Operator confidentially and to make them accessible to third parties only with the express prior consent of the sender. This applies in particular to names, telephone numbers, address data, e-mail addresses and URLs.

Furthermore, the user guarantees that the data/content (in particular photos and articles) provided and published by him within the platform


- do not infringe the rights of third parties;
- do not violate the law;
- do not cause damage to persons or property (e.g. by virus attacks, uploading codes, chain letters, spam etc.) or annoy persons in any other way;
- not to collect any content or information from users by means of automated mechanisms (such as bots, robots, spiders, scrapers, etc.) or to access accessibility.guide in any other way than via their own profile;
- not violate the privacy of third parties and the general personal rights;
- not contain pornographic, obscene, otherwise immoral and offensive content.


Users are requested to report offensive content, negative texts, false user data. Only logged in users can report projects for identification reasons.
In case of fraud or suspicion of money laundering, the operator asks users to report the offences to their local authorities and to report the report to the operator. The platform will only provide authorities with data for criminal investigation. 
In the event of a reported criminal prosecution on our platform, the reported user and his projects will automatically be suspended or blocked until the proceedings are discontinued or an acquittal is pronounced. The user himself is obliged to report the acquittal or the termination of the proceedings to the platform so that the project or the user can be reactivated.

Obligations of Project Managers

Project managers have to fulfil all the obligations of the users. In addition, the following regulations apply;
When a user opens a project, he or she automatically becomes the project manager of the project.
The project manager assures the operator that he/she is of full age and capable of acting. If the user is a legal entity (e.g. association/organisation), the registered user who enters the project on the platform acts as the user's "project manager". The user or representative of users is to be identified with an official identity card which is deposited on the platform. The representative must confirm that he is authorized by the legal entity to open and implement the project. The operator is entitled but not obliged to check the correctness of the information provided and to request further information.
The project manager must create an account with the operator's payment provider. The payment provider ensures that the payments of the supporters can be made to the project manager's bank account.

Restriction of Use

There is no legal claim to use the platform. The operator can delete projects at any time without giving reasons. If false information is given, the operator reserves the right to take legal action and to exclude the user from the platform.
The operator is entitled at his own discretion and without prior notice to define, limit or expand the data volume and/or other specifications available to the user with regard to the type and scope of the service. 
The operator has the right to delete the data and published contents posted by the user at any time. Furthermore, the Operator is entitled to reject, edit or delete data concerning the Operator, the platform, its offer, Internet presence and/or Internet offering, which has been uploaded by the User to the platform and which is visible to other Users.
Among other things, the Operator is entitled to block all or certain of the User's data without prior notice or warning and to remove it partially or completely without stating reasons or not to save the data provided by the User for uploading. Such actions are carried out by the operator in particular under the following conditions:


a) The assumption exists that the User violates these General Terms and Conditions.
b) It is assumed that User's actions violate applicable law.


Upon request of the User, the User will usually be informed about the Operator's motives for blocking or deleting the data.
The operator is entitled to transfer data/content of the user to the authority upon request of authorities, especially law enforcement agencies, even without a court order. 
The user has no right to access the platform or to use its functions. Furthermore, the operator is entitled to delete the user's profile and his access authorization to the platform at any time and without notice.
The actions of the Operator mentioned in the section Restriction of Use do not justify any claims, in particular claims for damages, of the User.


Registration / Opening a profile
To use the platform, it is absolutely necessary to open a legally valid profile by entering all mandatory fields. Mandatory fields are:
Not public:
- First name
- Last name
- E-mail address
- Password
- Date of birth
- Residence / Seat

Public:
- Freely selectable unique username
- Age group (automatic)
- Gender
- Place of residence within 15 km


When registering or creating a profile, you warrant and undertake that 
all information provided in connection with a project is accurate and complete
all information provided to you in connection with a project is neither used for nor likely to mislead reasonable users;
all donations made to your project will be used exclusively for the stated purpose described in the announcements you create and/or in further publications;

You will comply with all relevant and applicable accounting obligations, including, but not limited to, complying with laws and regulations regarding tax accounting, political contributions and the disclosure of assets for your project.
If you share personal data of third parties, in particular their names, e-mail addresses and telephone numbers etc., for any purpose with the operator, to the extent required by applicable law, you are entitled to provide such personal data to the operator and authorize the operator to use such data for the purposes for which it was provided to the operator.
You authorize the Operator with your registration and the Operator reserves the right to provide donors and beneficiaries of your projects or law enforcement agencies with information about your project, or to assist in an investigation in this regard.

Corporate Accounts and Promotions

Corporate accounts can only be opened by legal entities (stock corporations, limited liability companies, associations, foundations, cooperatives, etc.).
A corporate account serves either to finance projects or to support third party projects. If third party projects are supported, the corporate account shows the intention of a legal entity to share its success and to do good. The good deeds are spread through the platform by means of promotions.
If a project is opened or donated to a project via a company account, the owner of the company account can create an advertising presence through targeted promotion on social media.
A corporate account contains a certain number of promotions. The number of annual promotions can be selected when opening the corporate account. Additional promotions can be booked if required. A promotion is advertising in the media. The operator publishes advertisements in selected media to support projects, naming the platform. These publications name the legal entity as responsible. The promotion is also marked with the logo of the legal entity. The operator assumes no responsibility for the project.
The promotions are automated and are configured by the project manager himself according to his needs. All released media and texts in a project as well as own non-commercial contents can be published. The target groups of the promotion can be optimized.
The texts and media for the promotions are created by laymen. Typos, wobbly videos or bad image quality are an integral part of our offer and do not constitute a defect.
The usage rights for a company account are acquired for a period of 12 months. The right of use will be automatically extended for another 12 months at the end of the contract period without cancellation. With the renewal the new fee is due. If you upgrade to an account with a larger scope of services, the outstanding promotions will be transferred to the higher account class. In the event of termination, the account expires at the end of the contract period. No refunds will be given for unused promotions or due to a cancellation. The same applies if the account is deleted by the operator for compliance reasons or in case of a compliance termination by the operator.
The operator has no influence on the effectiveness of a promotion. He does not assume any obligations in connection with the publication of promotions. 
If a promotion was not successfully activated for technical reasons, this must be entered on the platform and the operator must be informed. The promotion will be credited to the number of promotions of the project manager.
Users and supporters are solely responsible for the content of the promotion and the information provided. Users and supporters assure that the information provided is true.

Opening a Corporate Account

In addition to the data mentioned in the section "Registration / Opening a profile", additional data is collected when opening a company account. The representative of a legal entity opening a company account assures the Operator that he is of full age and capable of acting. The representative acts on behalf and in the name of the legal entity as a registered user. Users or representatives of users are requested by the operator to identify themselves accordingly. The User or representative of Users has to identify himself with an official ID card and a commercial register extract, which is deposited on the platform. If the legal entity is not registered in the commercial register, e.g. a general partnership, the representative of the company must prove his power of representation by means of a certified power of attorney. The operator is entitled, but not obliged, to verify the accuracy of the information provided and to request further information. 
The required documents must be submitted when opening the account and providing the user data. The verification may take a few days. During this time the scope of use of a company account may be limited.
The representative of the legal entity selects the desired offer for opening a company account. The contract becomes legally valid upon receipt of payment and the term of 12 months starts. The invoice/receipt can be downloaded as PDF from our platform.


Start Projects

Projects for which financial support, support in the form of material donations or time donations are sought are entered on the platform by the users (project managers) themselves. The mandatory fields are mandatory for the publication of the project on the platform.
Our platform is open to everything and we will not censor project ideas. Only illegal and immoral projects are excluded. In the category personal wishes and fun all wishes without social sense can be registered as a project. The operator believes that our supporters should decide for themselves which project receives support and which does not. 
When categorizing projects, it is important that the correct category is chosen. A donation to a social project, which is described as such in the project description, may under no circumstances be used for personal purposes. Incorrect categorization, statements and descriptions are fraud and can lead to criminal charges and exclusion from the platform. It is forbidden to distribute material or information that is defamatory, offensive or otherwise illegal or immoral. This includes in particular pornographic, racist or similar content.
The project manager is solely and unrestrictedly responsible for the content of a project, the rights of use of the image and video material used and the project implementation. The project manager assures that the information provided is true.
It is the responsibility of the project manager to determine whether and which taxes apply to the donations collected by supporting the projects. It is the sole responsibility of the project manager or user to determine, collect, report or pay the correct tax to the tax authorities.


Support Projects

Users can search, discover and support projects on the platform. Donations must be made in compliance with the applicable money laundering regulations. Supporters decide exclusively on their own responsibility whether or not to support a project. The operator does not make any recommendations to support projects on the platform. In particular, the placement of a project on the platform, its publication in the media does not constitute a recommendation or advice by the operator. The support of a project is legally regarded as a donation. Reclaims from supporters are to be made directly to the project managers and are only permissible in the case of criminal offences. 
The platform is not involved in possible disputes between project managers and users. Only the project manager and users are involved in the settlement of disputes. 
Fraudulent projects or failing project managers should be reported via the platform. These will then be suspended until they have been checked by the operator. In case of fraud or suspicion of money laundering, the operator requests users to report the offences to their local authorities. The platform will only provide authorities with data for criminal investigation.


Finish Projects

A project is considered completed when the recipient reports it as 100% completed. If the specified goal is not achieved or is exceeded, the intended purpose can be adjusted. It is the duty of the project manager to indicate the changed purpose in the project. The supporters have no influence on the intended purpose.
A 100% completed project is a success story.
The project manager has to issue a donation receipt or an invoice on request of a supporter.

Processing of Monetary Donations

In order to raise money for a project, the legal regulations for the prevention of fraud and money laundering must be observed. 
The project leader must open an account with our payment provider so that the payments of the supporters can be made to the project leader's bank account. The verification of the project manager's identity by our payment provider is therefore mandatory. All financial transactions are checked by our financial service provider using state-of-the-art algorithms.
If the project manager cancels a project, he is obliged to return the payments received to the donors with our payment provider within 30 days. The returned amount is to be understood minus the transaction expenses, the expenses are charged to the donor.

Processing of Credit Card Payments

For the collection of a credit card data the supporter is redirected to the page of the payment service provider Stripe. There the credit card data is stored. A storage on gern-gscheh.ch does not occur. The general terms and conditions of Stripe are fully valid when using it.
If the supporter of the project chooses the payment method credit card, the amount will be charged to the supporter's credit card at maturity and transferred to a collection account of the operator. 
The operator has no obligations or responsibilities. 
Handling of transport and material donations
The project manager is responsible for the coordination of voluntary work in the case of time donations and the delivery of material donations.
The project manager contacts the supporters who have agreed to donate time or materials personally to coordinate the work assignments and the delivery of material donations according to the contact details provided.
The users and project managers are themselves responsible for compliance with all legal regulations. This includes, but is not limited to, all aspects of employment law, social security law, other insurance law and liability law in connection with transport and material donations.
The operator assumes no responsibility for transport and material donations. In particular, the platform does not serve the purpose of job placement.

Handling of Transport and Material Donations

By accepting these terms and conditions during registration, users agree to the above modalities, especially the exchange of account and address data disclosed to the operator.
Login with Facebook (Facebook Connect)
The Platform offers the User the opportunity to authenticate himself/herself on the Platform with his/her Facebook profile details of his/her user account with Facebook ("Facebook Connect"), which eliminates the need for additional registration.
If the user decides to register with his or her Facebook account, Facebook is given access to certain information about his or her personal data via this interface and the option to store this data. This includes in particular his encrypted e-mail address and other information about his registration on the platform. Conversely, the Platform gains access to the user's email address, name, profile picture and possibly to otherwise publicly accessible profile data of the user on Facebook. If the user does not agree to this exchange of data, he should not use Facebook Connect. The user can still log in directly via the platform with his or her e-mail address as usual.

Intellectual Property Rights

By uploading and publishing photos, videos, texts, data or other content to which the user holds the intellectual property rights, the user expressly grants the operator a free, non-exclusive, transferable, sublicensable, worldwide license to use this intellectual property. The license to the intellectual property of the User continues to exist even after the deletion of the profile and ends only when the User is requested to delete the published contents. In this case, the content will be deleted within 90 days.
The license grants the operator in particular the right to reproduce, distribute, modify, publish and make publicly available the data/content including photos in unchanged or modified form, in whole or in part, as often as desired for all purposes of exploitation including transfer to other forms of work, regardless of the media, procedures and/or technologies used for this purpose, to the extent that this is necessary for the use of the respective data/content.
If the user wishes the deletion of the photos, videos, texts, data or other contents to which he has intellectual property rights, he must inform the other users with whom he has shared the contents himself. If a user does not comply with the request for deletion, the authorized user shall inform the operator of this fact with the exact specification of the content (including publication date) and the refusing user. The Operator will examine the User's request and delete the affected content, provided that the User's intellectual property has been proven.
The Operator endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all its own publications, to use graphics, sound documents, video sequences and texts created by the Operator itself or to use licence-free graphics, sound documents, video sequences and texts. If, despite thorough examination, an infringement of third party copyright or other industrial property rights by the operator should occur, we request that the portal operator be informed of the problematic facts before taking the step of a warning with costs. In the event of an infringement, this will be removed immediately by the operator, regardless of whether the infringement of intellectual property was committed by the operator itself or by the user.
Graphics, sound documents, video sequences and texts created or activated by the users of the platform are not checked by the operator for possible infringements of third-party copyright or other industrial property rights. If any infringements of third-party copyright or other industrial property rights are discovered, we request that the portal operator be informed of the problematic facts before taking the step of issuing a warning with costs. In the event of an infringement, this will be removed immediately by the operator, regardless of whether the infringement of intellectual property was committed by the operator itself or by the user.
All rights to the content on the Operator's platform, in particular to texts, images, graphics, sounds, animations and videos as well as to trademarks, logos or business designations are reserved by the Operator. The User expressly undertakes not to reproduce, distribute, modify or make available to third parties the contents on the platform.
The copyright for objects published by the user and created by himself remains solely with the user. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications by third parties is not permitted without the author's agreement.

Security

When logging in, the user chooses a password. The user is obliged to keep his password secret, not to allow any other person to access his account or to carry out any other actions that could endanger the security of his account.
The Operator undertakes not to disclose the password to third parties and not to ask the User for the password at any time.
The User undertakes not to transfer his account on the Platform to third parties without the prior written consent of the Operator.

Disclaimer

The liability of the operator is limited to damages caused by gross negligence and intent, which occur to the user due to the actions of the operator. The liability of the operator for compensation for indirect, consequential or incidental damages as well as lost profits, loss of earnings, unrealized savings, etc. - regardless of the legal basis - is expressly excluded. Any liability of the Operator due to the occurrence of damage based on slight or medium negligence of the Operator is excluded regardless of the legal grounds.
The User's claims for damages are limited to the amount of the insurance sum of the Operator's property liability insurance for each case of damage or, if the amount is lower, to the actual damage incurred.
Any liability for damages caused by the support of projects is excluded. In this respect, reference is made to the liability exclusion clauses and risk information under the section on the subject of performance.
The operator cannot technically determine with certainty for all users whether a user registered on the platform is actually the person the user claims to be. The operator therefore does not guarantee the actual person of users. Every user has to convince himself of the identity of another user. The Operator is not liable for any damages incurred by the User due to the actions or published content and/or data of another user.
The Operator is not obliged to check, especially with regard to legal admissibility and correctness of content, topicality and completeness of the data and published content posted by the individual Users. The operator assumes no liability for illegal, untrue, misleading and/or deceptive content that is published on the platform or shared by users. Such content and data will be deleted after the operator has been notified by the affected user.
In the case of direct or indirect references to external websites (hyperlinks) which lie outside the operator's area of responsibility, the operator accepts no liability whatsoever. The user expressly declares that external websites are accessed via hyperlinks at his own risk.
The operator does not check the references via hyperlink to third-party websites and assumes no liability for any illegal content of these websites. The liability of the operator is excluded. Should hyperlinks refer to illegal or offensive content, the user is expressly obliged to report this to the operator after discovery, whereupon the hyperlink will be removed from the platform as soon as possible by the operator after checking the content of the third-party website. The operator hereby expressly dissociates itself from all contents of all linked/connected pages, as these contents were created by third parties without the influence of the operator. This declaration applies to all links and references set within the platform as well as to user entries. 
It is impossible for the operator to protect the platform completely from illegal access. However, the Operator shall endeavour to prevent illegal access to the Platform. In the event of unlawful access being discovered, the User undertakes to notify the Operator without delay. The liability of the operator for unlawful access by third parties is excluded.
The user is obliged to indemnify the operator from all claims, especially claims for damages, other users or third parties against accessibility.guide, which are caused by the user due to negligent or intentional conduct, to hold harmless. The indemnification also includes all costs incurred by accessibility.guide for lawyers, court proceedings, etc. 

Contract Duration/Termination

This contract of use is concluded for an indefinite period of time and can be terminated by the user and operator (via a deletion function within the platform profile) at any time without notice.
Different provisions apply for company accounts. Reference is made to the section Corporate Accounts and Promotions.
The operator reserves the right to change parts or all of the services on the platform at any time or to temporarily or permanently discontinue the publication of projects on the platform at any time. The platform can be restricted or closed at any time and without giving reasons. A User's access to the Platform may be restricted, blocked or terminated by the Operator at any time without prior notice (without entitlement to a reason). Projects that are still ongoing at this time will be terminated at this time. The supporters and users have no claim to a continuation of the project or to compensation for any damage that may arise from it. The operator may assign his rights and obligations in connection with the operation of the platform to third parties at any time.

Final Provisions

Should individual provisions of these General Terms and Conditions be or become void, invalid, illegal or ineffective, the effectiveness of the remaining provisions shall not be affected. In place of the void, invalid, illegal or ineffective provision, the statutory provision shall apply.
By using the platform, the User expressly declares that Swiss law, excluding private international law, the UN Convention on Contracts for the International Sale of Goods (CISG) and other international agreements, shall apply to all legal disputes arising from the use of the platform.
The exclusive place of jurisdiction for legal disputes arising from the conclusion, existence or effect of the Terms of Use or arising from the use of the platform is the registered office of the Operator.