General Terms and Conditions of Use
Scope of Application
Please read these terms and conditions carefully. They apply to the usage of any services provided by Tel.ch AG, the operator of the Tel.ch website. Using any of the services is permitted only if you agree to these terms and conditions.
If you do not agree to these terms and conditions, you may not use our services.
Services
On the website tel.ch (including certain referring URLs), Tel.ch AG offers online services for public use free of charge, these being a public, free, internet-accessible telephone and address directory with access and search functionalities.
We reserve the right to restrict access to some or all services and applications (e.g. by requiring registration), to make them subject to certain conditions and/or to charge fees for them. We also reserve the right, at any time and without announcing this beforehand, to change any or all services in content or form, to restrict them, or to cancel them.
Permitted Usage
The accessible personal data have been gathered for the purpose of being used in address, telephone, and similar directories. Should you use the data for any purpose other than an individual's personal use, then they are subject to applicable data protection laws, specifically the Federal Data Protection Act (FADP) and the ordinance related to this (OFADP). You are personally and solely responsible for adhering to the data protection regulations. This applies especially in the case of using the data for purposes other than those specified above.
Any inappropriate use, processing or misuse of the data is prohibited. In particular, the use of the directory in excerpts, in parts, or in full, for purposes of commercial address exploitation, usage of the directory as a tool or aid in the creation or extension of subscriber, phone, address, and similar directories, usage of the data for telephone directory assistance services, readout of the data by any procedures, and automated retrieval for these or any other commercial purpose, are not permitted.
Unlawful Use
As a user bound by these terms and conditions, you agree not to use these services in a way that is likely to cause damage to the services (e.g. by affecting, disturbing or overloading the services).
You also undertake to refrain from illegal or use or other abuse of the services or of information derived from them, and to refrain from violating the rights of third parties.
You take responsibility for, and are liable for, any damages incurred by us or third parties due to such violations of rights or of the law, including related legal expenses, while holding us free and harmless from any related claims by third parties.
Gathering of Anonymous Usage Data
As a user, you agree to the gathering and processing of anonymous data (data not pertaining to individuals) regarding the usage of our services (for instance the pages viewed, names of files accessed, volume of data transferred, the website you were referred from (referrer URL), web browser used, operating system information and other technical data, including time and duration of access) for, amongst other things, the purposes of improving the security of our systems and optimizing our systems, statistics and market research, and the improvement of the services.
Legal Protection of Intellectual Property
We advise that the content of the website (such as text, images, graphic designs, computer software, trademarks, business names, logos and URLs) is protected under copyright, trademark, and other intellectual property rights of Tel.ch AG or third parties, and that their usage therefore requires the permission of the respective holders of the rights. Trademarks or service marks used, such as tel , are specifically protected.
We permit the usage of such protected items only for the usage of our services in the manner specified by us. The permission for such use is non-exclusive and not transferable. We reserve the right to withdraw such permission at any time and without giving reasons. Any other use is reserved to the respective holders of the rights.
Suspension or Termination of Access to Services
In the case of a violation of these terms and conditions or the applicable data protection or privacy laws by users, we reserve the right to block access temporarily or permanently to some or all of our services for such users, their IP-addresses, phone numbers, or data.
Disclaimer
Even though we strive for up-to-date, complete and correct data and for reliability and permanent accessibility to our systems and for their protection from unauthorized access by third parties, errors and disturbances regrettably cannot be fully avoided. We request the users of our services to report such errors and disturbances to us without delay.
We may in no manner be held liable for any claim or warranty in respect of the services we offer free of charge. We specifically exclude liability with respect to the continued and faultless provision of functionality or services, for the continuation and accessibility of our services, for the availability and faultless and undisturbed functioning of our systems, for the correctness, completeness, up-to-dateness and usefulness of the data and directory entries respectively, for any access to, and manipulation of the services and data by third parties. We further refuse liability for damages to the user or third parties arising from the use of our services, or the non-availability thereof, or from the interference of third parties, e.g. through malicious software, third-party manipulations, and so forth.
The disclaimer does not apply to defects intentionally concealed, and the grossly negligent or intentional violation of duties we have entered into vis-à-vis the user, for instance in the case of agreements for payable services.
Tel.ch AG 02/2009