Status: Zurich, February 2024

I. GENERAL REGULATIONS

1. these General Terms and Conditions of Seniors Group GmbH, Neubadstrasse 122, 4054 Basel Switzerland (hereinafter "SENIORS GROUP"), regulate the rights and obligations of customers (hereinafter "CUSTOMERS") who have their data entered on the SENIORS GROUP platform and offer their services via the SENIORS GROUP Internet platform "www.seniorsatwork.ch" (including all subdomains).

On the other hand, these GTC govern the rights and obligations of the clients (hereinafter "CLIENT") of the internet platform "www.seniorsatwork.ch" (including all subdomains) of SENIORS GROUP who use the services of the CLIENTS.

2. a contract between the CUSTOMER/CLIENT and SENIORS GROUP is concluded by concluding the creation of a senior profile or the publication of an order for seniors on the internet platform "www.seniorsatwork.ch". The GTC are an integral part of all contracts between the CUSTOMER/CLIENT and SENIORS GROUP. Payments, remuneration, services and guarantees, insurance, etc. for the order are the responsibility of the parties. 

3 SENIORS GROUP reserves the right to amend these GTC at any time and without stating reasons. The amended terms and conditions will be sent to registered CUSTOMERS and CLIENTS by e-mail at least two weeks before they come into force. If a CUSTOMER or CLIENT does not object to the validity of the new GTC within two weeks of receipt of the e-mail, the amended GTC shall be deemed to have been accepted. SENIORS GROUP shall inform the CUSTOMERS and CLIENT of the significance of this two-week period separately in the e-mail containing the amended terms and conditions.

4. the CUSTOMER accepts these GTC when registering online by clicking on the checkbox ("opt-in function") with an X confirmation. The CLIENT accepts these terms and conditions by placing an order.

II. SERVICES PROVIDED BY SENIORS GROUP

5 SENIORS GROUP provides a platform in which CUSTOMERS can enter their name, age, profile picture, language, offer/services, etc. themselves via a personal account. The scope of the profile and the possible information depends on the respective account of the CUSTOMER. In addition to the basic settings, SENIORS GROUP can make further offers to the CUSTOMER (further memberships). With the help of the seniors@work Internet platform, CUSTOMERS have the opportunity to make their offer/service known to other Internet users and interested persons or organizations and to make contact with interested parties.

6. furthermore, CLIENTS have the option of placing targeted orders in order to search for contractors or CUSTOMERS.

7. a service contract between the CLIENT and the interested CLIENT is negotiated solely between these two parties and is only concluded between these two parties. SENIORS GROUP does not act as a recruitment agency, nor does SENIORS GROUP hire out its own personnel. 

8. the sorting of the entries in the directory is based either on the publication date, distance to the address entered by the Internet user or on a random pattern. SENIORS GROUP reserves the right to change these rules at any time.

9. the CUSTOMER and the CLIENT are responsible for keeping the access data to their account secret and not making it accessible to third parties. In the event of loss or disclosure of the access data to third parties, the CUSTOMER or CLIENT shall immediately inform SENIORS GROUP, which will block the access data and provide the CUSTOMER or CLIENT with new access data to their account.

10 SENIORS GROUP expressly reserves the right to change, supplement, delete or dissolve parts or the entire website without prior notice.

III. OBLIGATIONS OF THE CUSTOMER & CLIENT

11. the offer to create a profile on the platform is exclusively for customers who are at least 50 years old. The CUSTOMER must take this fact into account in a benevolent manner. He acknowledges and agrees that the Internet platform is financed by advertising revenue, among other things, and that advertising is published on the Internet platform for this purpose.

12 CUSTOMERS can choose between Basic and Premium memberships. With Premium, the CUSTOMER benefits from various advantages such as better placement in the search results. Memberships can be taken out for 6 or 12 months and are paid annually in advance. Memberships are NOT automatically renewed. A distinction is made between private (individual, family, student, etc.) and professional (association, startup, NGO, SME, company, etc.) CLIENTS. There are various monthly packages for CUSTOMERS with a term of 1 to 6 months. The respective costs are explicitly stated on the website. Free offers are also possible if specified.

13. the CUSTOMER and the CLIENT undertake not to make any unlawful or immoral entries on his account, on his behalf or in the context of messages via the contact form or to offer or seek unlawful or immoral services (e.g. no untruthful statements, no racist, discriminatory, pornographic, violence-glorifying or other content that violates mandatory law, no violation of the privacy of others, no incitement to unlawful acts, etc.). In addition, both the CUSTOMER and the CLIENT are solely responsible for the content of their profile, offer, order or communication, in particular with regard to the truthfulness of their information and with regard to company, trademark, competition and personal rights issues. SENIORS GROUP is not obliged to check the content of the entries.

14. profiles, offers, orders and messages that are incorrect or deceptive, run counter to public interests, serve an illegal purpose or, in the opinion of SENIORS GROUP, are immoral or defamatory and could hurt the feelings and well-being of other CUSTOMERS and CLIENTS, may be rejected, corrected or immediately removed from the Internet platform by SENIORS GROUP.

15. the CUSTOMER and the CLIENT are prohibited from offering or requesting goods of any kind on the platform, placing advertisements for third-party services or offers or placing direct or indirect links to such services or offers. Furthermore, it is not permitted to collect the data available on the internet platform and to use it for purposes that do not correspond to the purpose of the SENIORS GROUP internet platform or are contrary to the interests of SENIORS GROUP.

16. the CUSTOMER/CLIENT shall be responsible for ensuring that any (social) insurance contributions, taxes and duties incurred for its activities are correctly accounted for. Any accident and liability insurance relating to the activities/services of the CLIENT and CUSTOMER shall also be the responsibility of the CLIENT/CLIENT.

17. if the CUSTOMER or CLIENT violates his aforementioned obligations, SENIORS GROUP expressly reserves the right to deactivate the account immediately or to delete the order.

IV. LIABILITY OF SENIORS GROUP

18. to the extent permitted by law, any liability of SENIORS GROUP is excluded. In particular, SENIORS GROUP is not liable for the profiles, offers and orders made by CUSTOMERS and CLIENT as well as messages via the contact form. SENIORS GROUP is liable for incorrectly transmitted profiles, offers and orders as well as messages via the contact form only for the proven damage and only if the CUSTOMER or CLIENT proves that SENIORS GROUP caused the damage intentionally or through gross negligence. Furthermore, SENIORS GROUP assumes no liability for the services assumed and provided by CUSTOMERS.

19 Liability for lost turnover of the CUSTOMER and CLIENT, Internet errors, misuse by third parties and loss of data on the CUSTOMER's information system or directory is also excluded.

20 SENIORS GROUP is generally not liable for technical problems. In particular, SENIORS GROUP is not liable for the temporary unavailability of the website/internet platform, the failure of individual or all functions or for malfunctions.

V. TERMINATION OF THE CONTRACTUAL RELATIONSHIP

21 The contract between the CUSTOMER/CLIENT and SENIORS GROUP is concluded for a fixed term and does not require termination.

22. in the case of fee-based offers for the CUSTOMER/CLIENT, the offers are concluded for the minimum duration according to the described duration of the package (1, 3, 6, 12 or 24 months) and end without notice after this period has expired. SENIORS GROUP shall inform the CUSTOMER of the end of the contract before the end of the period and give him the opportunity to extend the membership.

23 The fee-based publication of an order ends at the end of the publication period for the corresponding order.

24 SENIORS GROUP may terminate the contractual relationship at any time and without notice for important reasons - in particular in the event of misuse of the platform or breaches of duty by the CUSTOMER/CLIENT.

25. if the CUSTOMER or CLIENT wishes to delete their account, an e-mail can be sent to [email protected] with the subject "Delete account". All account-specific data will then be deleted by SENIORS GROUP.

VI. DATA PROTECTION

26 All information and regulations regarding the use by SENIORS GROUP are based on the provisions of the Data protection guidelines from SENIORS GROUP.

VII. INTELLECTUAL PROPERTY

27. the copyright and all other rights to content, images, photos or other files on the website belong exclusively to SENIORS GROUP GmbH or the specifically named rights holders. The written consent of the copyright holders must be obtained in advance for the reproduction of any elements.

28. references and links to third party websites are outside our area of responsibility. Any responsibility for such websites is rejected. Access to and use of such websites is at the user's own risk. 

29 The CUSTOMER and the CLIENT undertake not to use any copyrights or other intellectual property of third parties in an unlawful manner on the SENIORS GROUP platform. The CUSTOMER and the CLIENT hereby confirm that they will indemnify SENIORS GROUP for any third-party claims that could arise from such unlawful use of third-party intellectual property on the platform.

VIII. FINAL PROVISIONS

(30) Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any loopholes in the provision.

31 All disputes arising in connection with the contractual relationship between SENIORS GROUP and a (current or former) CUSTOMER/CLIENT shall be governed exclusively by Swiss law. The place of performance and jurisdiction is the registered office of SENIORS GROUP, Basel, Switzerland.