General Terms and Conditions

App SenioAssist: General Terms and Conditions

Effective as of 1 June 2021

Introduction

The General Terms and Conditions govern the relationship between the Users of the App SenioAssist and Assistenz im Alltag AG, the owner and administrator of the App SenioAssist.

Assistenz im Alltag AG is a company established under Swiss law. The company’s registered office is: Im Güggelchrüz 2, 4104 Oberwil, Switzerland.

A User or Users means a natural or legal person of legal age who uses the App SenioAssist themselves or as a representative. Users and their representatives are jointly and severally liable.

Assistenz im Alltag AG reserves the right to change the General Terms and Conditions of the App from time to time, in whole or in part, to adapt them to changes in the services, technical development, the advancement of the law or case law or upon the introduction of new services. The applicable Terms and Conditions are those in effect when the User connects to and uses the App.

Purpose of the App SenioAssist

The App SenioAssist is available to Users as a technical solution in the form of an app for ordering the services between the Users and paying for the services requested (in-app purchases).

By ordering the service in the App SenioAssist, a contract is concluded between the Users. Assistenz im Alltag AG does not act on behalf of the Users and is therefore not involved in the services marketed via the App SenioAssist either as a contracting party or as a representative or vicarious agent or in any other way. Fulfilment of the contract is the exclusive responsibility of the Users. Should legal disputes arise from these contractual relationships, Assistenz im Alltag AG cannot be sued. There is no right to mediation or arbitration of disputes between the Users.

Availability of the App

The App is accessible 24/7, except in case of force majeure or the occurrence of an event beyond the control and subject to any outages and maintenance necessary for the smooth operation of the App.

The software version of the App can be updated from time to time to add new features and services.

Maintenance work and updates can be performed without prior notice to Users.

The use of the App SenioAssist is limited to the country where the User was registered. If the User wishes to provide or offer services in another country, they must re-register.

Customer Service

Assistenz im Alltag AG provides Customer Service, which has an advisory function and is helpful in case of technical problems.

The Customer Service checks on a random basis whether the services have been performed satisfactorily and have the right to record User reviews. Users are given the right to publish an opinion for evaluation.

Links, web addresses, and advertising

The content published on the App SenioAssist (including images) must not contain any URL links or web addresses, or advertising.

Registering the user account; required data

If the User does not have an account, they must first create one to use the App SenioAssist.

The User guarantees that the information provided during registration is complete, correct and up-to-date. In the event of changes, users are obliged to update the data in the App SenioAssist immediately.

Users expressly agree to the activation and storage of the location. When consenting to use the GPS location feature of the mobile phone and App, Users can be linked regionally. The User may deactivate the location feature at any time, which significantly limits the functions of the App SenioAssist.

Users will be informed that the App uses tracers or cookies designed for the App SenioAssist.

Payment processing and data protection

The data necessary for payment processing are collected, managed, and stored exclusively by the payment processing provider or a competent bank. See the relevant general terms and conditions. The liability of Assistenz im Alltag AG is excluded.

Financial conditions

The App SenioAssist is software that can be downloaded and installed for free. Full use and in-app purchases are subject to a fee.

Transfer of rights and obligations to third parties

Assistenz im Alltag AG reserves the right to assign individual or all rights and obligations under these General Terms and Conditions to third parties or to have them exercised by third parties.

Beginning and end of the usage

The usage begins with the complete registration of the Users.

The termination of the User relationship is possible at any time by deleting the account via the App SenioAssist if there are no outstanding invoices from Assistenz im Alltag AG or other users payable by the User(s).

The Assistenz im Alltag AG is entitled to exclude Users at any time without giving reasons, i.e. to terminate the User relationship without notice, devoid of rise to any claims against Assistenz im Alltag AG. This applies to violations of these General Terms and Conditions and their components or contracts with other Users. The Assistenz im Alltag AG can also temporarily block User accounts without giving notice of termination.

Excluded or blocked Users have no right to re-register without the express prior consent of Assistenz im Alltag AG, whether under their name or another name. In the event of a violation of this arrangement, a lump sum of CHF 300 will be charged, and claims for damages remain reserved.

Confidentiality obligation

Users must always keep the password for the App SenioAssist secret and never disclose it to third parties.

Liability

Assistenz im Alltag AG will make every effort to ensure the proper functioning of the App and undertakes to protect the access, use and application of the App and the website. The retention of the customers’ payment data is entrusted exclusively to the renowned banks and payment processors; Assistenz im Alltag AG does not store any bank and account information of the customers and is accordingly not liable for this data.

Assistenz im Alltag AG assumes no guarantee that the Users fulfil their mutual contractual obligations. The company is not obliged to check the legality or admissibility of the offers, texts and illustrations published on the App SenioAssist. In addition, Assistenz im Alltag AG does not guarantee in any way the number of sales generated via the App SenioAssist.

Assistenz im Alltag AG is not liable in particular:

  • in the event of a malfunction, loss, delay, or error in the transmission of data;
  • for technical problems due to which contracts or communication via the App SenioAssist are not accepted or processed, or are accepted or processed incorrectly or in delay;
  • for the temporary unavailability of the App SenioAssist;
  • for direct or indirect damages of any kind resulting from the use of the App or inability to use the App by the Users;
  • for damages of any kind arising from the misuse of the connection data;
  • for any damage to Users, their devices, their computer and telephone equipment and the data stored therein, or for possible effects on their personal, professional, or commercial activities;
  • for sending messages and data to a wrong, incorrect, or incomplete address;
  • if data does not reach the App SenioAssist for any reason or if the data received by the App SenioAssist is illegible or cannot be processed.

Assistenz im Alltag AG is only liable for damages caused by their intentional or grossly negligent actions. Liability of Assistenz im Alltag AG for damages caused by minor negligence is excluded.

Applicable law and jurisdiction

All disputes arising in connection with these General Terms and Conditions between Assistenz im Alltag AG on the one hand and Users, on the other hand, are subject to Swiss law. Jurisdiction is Oberwil BL, Switzerland.