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Last changed on 21/06/20

General Terms and Conditions of CORK - Client

Preamble

Solutions for Success GmbH, eine Schweizer Gesellschaft mit beschränkter Haftung mit Sitz an der Bölstrasse 14, 8704 Herrliberg, CHE-109.755.57 (im Folgenden als Betreiber oder Wir bezeichnet) betreibt eine mobile Anwendung namens “Kork” (im Folgenden als Kork-App, Kork oder die Kork-Plattform bezeichnet), auf der Kunden (im Folgenden als Kunde(n) oder Sie bezeichnet) die Erledigung einer bestimmten Aufgabe (im Folgenden als Aufgabe(n) bezeichnet) anfordern und solche Aufgaben an unabhängige Auftragnehmer (im Folgenden als Auftragnehmer bezeichnet) vergeben können (beide Parteien zusammen im Folgenden als die Parteien bezeichnet), die als unabhängige Vertragspartner die Erfüllung von Aufgaben für Kunden übernehmen können.

The following provisions are the general terms and conditions (hereinafter referred to as the Conditions) that govern (i) your use of the Cork Platform and (ii) the conditions under which you can enter into contracts with contractors via the Cork Platform . By accepting these conditions, you conclude a binding contract with the operator (hereinafter also referred to as contract) and agree to be bound by this contract.

1. . Customer onboarding and use of the cork platform

1.1. The use of the cork platform by the customer requires a one-time registration. In this registration process, you will be asked to provide your contact and identification data as well as payment-related data, which will be checked. After your data has been approved, you will receive your own customer account and will be asked to enter a password to manage your customer account. You must provide all contact and identification information required by the operator, and your information must be correct and complete. You are also obliged to update your data as soon as it changes (e.g. new address or e-mail, etc.). If you do not notify us of such changes, you may not receive any notification from us and we will not be responsible for any damage and / or inconvenience caused. You must always treat your passwords confidentially and not pass them on to third parties. If unauthorized third parties gain access to your customer account and use it to your disadvantage, we are not liable for any damage and / or inconvenience caused.

1.2. Die Annahme der Bedingungen ist Teil des Registrierungsprozesses. Mit dem Abschluss der Registrierung und der Annahme der Bedingungen schließen Sie mit uns einen verbindlichen Vertrag über Ihre Nutzung der Kork-Plattform ab. Es kann auch erforderlich sein, dass Sie die Bedingungen akzeptieren müssen, wenn Sie eine oder mehrere Aufgaben bestellen, die von einem oder mehreren Auftragnehmern Ihrer Wahl ausgeführt werden sollen (siehe weiter unten “Bestellung von Aufgaben auf der Kork-Plattform”).

2. Order process tasks on the cork platform

2.1. The customer can enter the task requested in the cork app as precisely as possible in the available cork app forms and (i) an estimated time for the completion of the specific task and (ii) a maximum price that he is willing to pay, specify. The task is then published online on the cork platform and made visible to all contractors connected to the cork platform. The contractors can then accept the client's task by (i) sending a request to perform the task and giving the client the opportunity to view their profile and references, (ii) specifying an hourly rate at which they are willing to use the Perform task for the estimated time period on a time and material basis.

2.2. You should examine and decide which contractor to hire and confirm your decision in a timely manner as the contractors may withdraw their offers at any time or they may no longer be willing to fulfill their offers if you decide too late to hire them. As soon as you have accepted the offer of a specific contractor, the contractor will confirm its availability again (if it has not withdrawn) and you will then conclude a binding agreement with the contractor. All other contractors who have applied to perform your tasks will then be released from their obligations (explicit or implicit) to carry out the task for you. The agreed price owed to the contractor will then be debited from your credit card submitted in advance and held in an escrow account of the operator until the task has been completed. After confirmation of the service (see below), the agreed price will be transferred to the account of the contractor.

2.3. As soon as the contractor arrives at the location you want, he can start a timer function in the cork app (timer) and start carrying out his task. As soon as the task is completed, the contractor stops the timer, confirming to you and the operator of the cork platform that he has completed the task. The platform cork calculates the total price owed to the contractor and transfers the total price to the contractor's account. The operator charges a commission fee of 20 percent (%), which is deducted by the operator from the total price transferred to the contractor.

2.4. You acknowledge and agree that the price originally agreed with the contractor for performing the task is not always entirely accurate (e.g. because your estimated time was too short or the task you defined in advance proves to be more complex than expected). Therefore, deviations of twenty percent (20%) more or less between the originally agreed price and the final price invoiced are possible. So if the customer needs more or less time to get the job done, they can continue working with the timer or stop working earlier and charge twenty percent (20%) more or less than the originally agreed price. However, you are free to cancel / cancel an ordered task if you feel that it has not been carried out as requested or if you change your mind, provided that you then have to pay for all efforts effectively accrued by the contractor. If the contractor uses a timer, the contractor must stop the timer and only bill for the efforts actually incurred up to this point in time. You can also contact us directly to cancel / cancel your ordered task at +41 787 814 506.

3. Responsibilities of the operator

3.1. The operator acts as an intermediary between the client (s) and the contractor (s). It offers customers and contractors access to the cork platform and enables them to make direct agreements with one another on individually defined tasks. The operator is not a party to the contracts concluded between the customers and is not liable for the obligations arising from these contracts. The operator does not assume any representative functions for either party. Any declarations of intent with regard to the contracts concluded via the cork platform are provided exclusively by the customer (s) and / or the contractor (s) via the cork app in the available overlay fields.

3.2. The operator acts as an intermediary between the client (s) and the contractor (s). It offers customers and contractors access to the cork platform and enables them to make direct agreements with one another on individually defined tasks. The operator is not a party to the contracts concluded between the customers and is not liable for the obligations arising from these contracts. The operator does not assume any representative functions for either party. Any declarations of intent with regard to the contracts concluded via the cork platform are provided exclusively by the customer (s) and / or the contractor (s) via the cork app in the available overlay fields.

3.3. The customer (s) and the contractor (s) are solely responsible for the content uploaded to their profile and / or exchanged with other participants via the cork platform, as well as for the conclusion, validity and execution of all over the cork platform concluded contracts. The operator assumes no responsibility in this regard. In particular, the operator assumes no liability for the satisfactory fulfillment of the contracts concluded via the Kork platform. The operator has no control over the ability of contractors to perform their tasks to the satisfaction of the customer and is not obliged to check the capabilities of contractors in advance. The operator offers a voluntary rating system in which customers of the cork platform can publicly rate contractors (see later in section 7). These ratings are not an official confirmation of contractors by the operator, they merely reflect publicly exchanged opinions from customers. Any conclusions drawn from such reviews are at your own risk and we will not be liable if these reviews do not meet your individual requirements.

3.4. Sollten Sie Beschwerden über die Ausführung einer Aufgabe durch einen Auftragnehmer oder andere Bedenken bezüglich Ihrer Kundenerfahrung haben, kontaktieren Sie uns bitte über den “Kontakt”-Button im Kork App-Menü [Menü-Abschnitt] oder wenden Sie sich an contact@getkork.com. Der Operator wird Ihre Beschwerde prüfen und, soweit möglich, nach bestem Bemühen angemessene Unterstützung leisten.

3.5. Der Betreiber stellt die Kork-App nur “wie sie ist” zur Verfügung, d.h. ohne die Garantie der ständigen technischen Verfügbarkeit zu jeder Zeit. Sie sind sich bewusst, dass der Betrieb der Kork-App auch von Ihrem Internetanschluss und dem jeweiligen Angebot abhängt, das Sie bei Ihrem zuständigen Fernmeldedienstanbieter abonniert haben. Die Betreiberin haftet nicht für allfällige Mängel oder Verzögerungen, die durch Ihren Internetanschluss bzw. Ihr Abonnement verursacht werden, und bietet keine Telekommunikationsdienste an. Der Betreiber behält sich auch das Recht vor, den Betrieb der Plattform Kork während regelmäßiger Wartungsarbeiten, für die Implementierung neuer Funktionen oder aufgrund anderer technischer Anforderungen auszusetzen oder sogar den Betrieb der Plattform Kork vorübergehend einzustellen. Es steht dem Betreiber auch generell frei, technische Merkmale der Kork-App in Zukunft weiterzuentwickeln und anzupassen, ohne dass diese Bedingungen geändert werden müssen.

4.. Customer Obligations

4.1. When using the cork platform, the customer must comply with the following obligations:

a) The use of the cork platform is restricted to persons who can legally conclude and conclude contracts according to the applicable law. It is not intended for use by minors. You hereby confirm that you are of legal age and capable of acting.

b) The customer must maintain the confidentiality and security of his password for access to his customer account on the Kork platform and take suitable measures to protect it from being used by unauthorized third parties. The customer may not allow other natural or legal persons to commission the execution of tasks by contractors using the customer account.

c) The customer must refrain from uploading or sharing content via the cork platform that violates intellectual property rights or similar rights of third parties (e.g. data protection or personal rights) or could harm third parties in any way (e.g. offensive, pornographic or otherwise illegal Content included). The operator reserves the right, at the sole discretion of the operator, to remove offensive, uploaded content at any time and / or to temporarily block the display of this content, to suspend the customer's access to the cork platform and / or to terminate the contract with immediate effect .

d) The customer may only use the chat function provided on the cork platform and the contractor's contact details for the purpose of searching for and concluding contracts with the contractor and performing the task (s). Any other use of the chat function or the contact details received from the contractor (e.g. the transmission of advertising content to the contractor or general communication with the contractor without relevance to the execution of the tasks) is not permitted. The cork platform is not a mail server and does not claim to offer general communication services. Any chat or mail functions are only of a supportive nature.

e) The customer may not use the cork platform for purposes that are illegal or harmful to the operator or that could impair or damage the cork platform (or a network connected to it) that would otherwise allow someone else to use the cork platform Disrupt the party or otherwise reduce the integrity of the cork platform or one of its functions.

f) The customer may only employ contractors as independent contractors or representatives via the cork platform (ie within the meaning of Art. 363 or 394 ff. of the Swiss Code of Obligations or similar types of contracts (with the exception of employment contracts). The customer may be regulated Do not seek and / or conclude any employment contracts with contractors via the Kork platform. The customer shall indemnify the operator against all third-party claims (e.g. compensation, social security contributions or public fines, including reasonable legal fees) from third parties (be it private individuals, legal entities or public authorities ) are raised against the operator on the basis of an alleged employment relationship between the customer and other contractors, to compensate and hold harmless.

4.2. The customer indemnifies, defends and holds the operator (and his respective officers, directors, employees, directors, agents and representatives) harmless from all claims (damages and expenses including reasonable legal fees) made by contractors or other third parties due to a breach of obligations of the customer in accordance with these terms and conditions.

5.. Pricing and payment terms

5.1. The price agreed between you and the contractor will be debited in advance from your submitted credit card and kept in an escrow account until the task has been properly carried out and then forwarded to the account of the contractor. The operator charges a commission fee of 20 percent (%) of the final price agreed with the contractor (which is deducted from the final price forwarded to the contractor).

5.2 .. You acknowledge and agree that the price originally agreed with the contractor for completing the task may not always be completely correct (e.g. because your estimated time was too short or the task you defined in advance turned out to be more complex turns out to be expected). Therefore, deviations of twenty percent (20%) more or less between the originally agreed price and the final price invoiced are possible. So if the customer needs more or less time to get the job done, they can continue working with the timer or stop working earlier and charge twenty percent (20%) more or less than the originally agreed price. However, you are free to cancel / cancel an ordered task if you feel that it has not been carried out as you requested, or if you change your mind, provided that you then have to pay for all efforts effectively accrued by the contractor (The contractor must then stop the schedule and only invoice the efforts that have actually accrued up to this point in time).

5.3. The client must ensure that the credit card details provided are up to date and that sufficient funds are available to cover the requested task. Otherwise, a payment transaction through the cork platform will not be possible and you will not be able to receive the tasks performed by the contractor you have chosen.

5.4. The customer must ensure that the credit card details provided are up to date and have sufficient funds to cover the requested task. Otherwise, a payment transaction through the cork platform will not be possible and you will not be able to receive the tasks performed by the contractor you have chosen.

6. Reviews

6.1 The Cork Platform provides mechanisms that allow customers to evaluate the performance of the contractors they have selected. For example, after completing a task, the customer receives a request to rate the performance of the contractor on a scale from 0 to 5 stars, which is available in the cork app. The customer can do this voluntarily or choose not to rate a contractor. The customer agrees that the operator can collect the reviews provided by the customer in an anonymised and aggregated form and that the collected reviews can be published in an anonymised and aggregated form on the cork platform and in the profile of the respective contractor.

6.2. Should you decide to publish an express evaluation comment with the mention of your name (e.g. Peter Müller always cleaned my car as best as possible. I can definitely recommend him), then this will be published on the cork platform and in the profile of the respective contractor, naming your specific Name and user profile published. If you do not want this, we ask you not to publish any express review comments.

6.3. The client undertakes to evaluate the contractor objectively and truthfully. Unnecessary offensive and defamatory reviews are prohibited. The operator can, at his own discretion, delete / add unnecessary offensive or defamatory reviews at any time.

6.4. The ratings do not represent the official approval of contractors by the operator, they merely reflect publicly exchanged opinions from customers. All conclusions that are drawn from such reviews are made at your own risk and we are not liable if these reviews do not meet your individual customer requirements.

7. Intellectual Property

7.1. The operator is the owner of all intellectual property rights embodied in the cork platform or in connection with it, in particular in the technology itself (program code and associated know-how) and in the website (design, look and feel) Logos and / or trademarks and all similar rights associated with and owned by the cork platform. The operator retains all intellectual property rights embodied in the cork platform or relating to the cork platform, and nothing in this contract is to be understood as an assignment of rights to the customer. However, for the duration of this contract, the customer is granted a non-exclusive, royalty-free, non-sublicensable and non-transferable license to use these intellectual property rights to the extent necessary for using the cork app, in particular for uploading tasks to the cork platform and communication with other contractors.

7.2. The operator has no ownership rights to your submitted tasks or to the work results that arise when a contractor performs his task. However, you hereby grant the Operator a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (i) use intellectual property rights in your submitted assignments or messages, (ii) any or all of your submitted assignments in any media format and to promote, market and redistribute (and allow others acting on its behalf) through any media channels, (iii) take any other action necessary to operate and market the services of the Cork Platform, (iii) allow contractors to download, view, present, distribute, collect, and otherwise use the assignments you submitted and related materials, as well as personal and biographical materials from you available on your user profile. The company has the right to delete, edit, modify, reformat, extract or translate your submitted materials if this proves necessary for the operation of the cork platform.

7.3. You hereby represent and warrant that you (i) are the legal owner of all intellectual property rights submitted in or exchanged with your materials for other participants through the Cork Platform, or that you have received the necessary rights to submit such materials and and (ii) that no intellectual property rights in your materials infringe the intellectual property rights of any third party, and you indemnify the operator from all claims by third parties (i.e., injunctive relief, damages and costs, including reasonable attorney's fees) based on an alleged infringement of the intellectual property rights Third party property rights are based.

8. Disclaimer of Warranties

8.1 The operator hereby excludes any guarantee for the services provided by operating the platform cork, insofar as this is possible under applicable law. The services are provided “as is” and at the customer's own risk.

8.2. In particular, the operator excludes the following 

a) any guarantee that the cork platform (i) will meet the needs and requirements of the customer; (ii) is always technically available and safe, functions flawlessly, is free of viruses or other things that could have a harmful effect on the technology; or (iii) contains certain features or functionalities requested by the customer (the operator can change and optimize the technology on which the cork platform is based at any time without the customer's consent);

b) any guarantee that (i) the customer can enter into agreements with a contractor of his choice and (ii) the contractors perform their tasks satisfactorily or in accordance with industry standards or are adapted / suitable in any way to the needs of the customer (the operator is not a party to these agreements); and

c) any guarantee that the information, content and materials submitted by contractors on the cork platform are correct or truthful.

9. Limitation of Liability

9.1. The operator is only liable for damage that he himself caused through illegal intent or gross negligence. Liability for slight negligence - except for personal injury - is expressly excluded. As far as legally permissible, liability for auxiliary persons (e.g. employees or representatives) of the operator is excluded.

9.2. Under no circumstances is the operator liable for (i) consequential or indirect damage, lost profit, loss of goodwill or reputation, (ii) loss of data and / or (iii) for bugs, viruses, Trojan horses or the like (regardless of the source of the origin ) or (iv) for damage caused by content uploaded via the cork platform or exchanged between customers and contractors.

10. Data protection

10.1. . The operator adheres to all applicable data protection laws, in particular the Federal Data Protection Act (DSG) and / or other laws, if and to the extent that they are applicable.

10.2. Insbesondere wird der Betreiber alle erhaltenen personenbezogenen Daten in rechtmäßiger und verhältnismäßiger Weise erheben, speichern und verarbeiten und nicht an unbefugte Dritte weitergeben. Personenbezogene Daten werden unter den Mitarbeitern des Betreibers nur “nach Bedarf” weitergegeben, und die Mitarbeiter des Betreibers sind durch Vertraulichkeitsverpflichtungen zur vertraulichen Behandlung der Daten verpflichtet. Der Betreiber verfügt über angemessene technische und organisatorische Maßnahmen, um personenbezogene Daten vor unbefugtem Zugriff zu schützen. Alle persönlichen Daten bleiben auf Servern in der Schweiz gespeichert. Der Betreiber kann Ihre persönlichen Daten an dritte Datenverarbeiter (die in unserem Namen handeln) weitergeben, vorausgesetzt, dass der Betreiber formalisierte Datenverarbeitungsverträge in Übereinstimmung mit den gesetzlichen Bestimmungen abschließt. Sollte der Betreiber gezwungen sein, Ihre Daten ins Ausland zu übermitteln, sind Sie sich bewusst, dass Ihre persönlichen Daten in anderen Ländern möglicherweise nicht gleichwertig geschützt sind wie in der Schweiz. In solchen Fällen werden wir in Übereinstimmung mit den gesetzlichen Bestimmungen Datenübermittlungsverträge abschliessen, um sicherzustellen, dass die Empfänger im Ausland die gleichen Standards einhalten wie in der Schweiz.

10.3.Further details about the treatment of your personal data collected via the Kork platform can be found in our privacy policy at [DIRECT LINK].

11. Termination and Termination

11.1. The agreement is concluded for an indefinite period.

11.2. Either party may terminate the Agreement at any time in writing (ie, by mail or registered mail) with thirty (30) days' notice.

11.3. The termination of the agreement does not release the customer from the payment of outstanding amounts (to the contractor and / or the operator) or from tasks agreed in advance with the contractors that are still open when the agreement is terminated. 

11.4. The operator reserves the right to terminate the agreement with immediate effect at its own discretion due to misconduct on the part of the customer, as provided for in these terms and conditions.

12. Changes

The operator can change the conditions from time to time. The currently valid version of the conditions is accessible under MENU> Security. The operator will notify such changes in advance by e-mail to the registered e-mail address of the customer. The lack of answers and / or the continued use of the cork platform by the customer is deemed to be the customer's consent to the changed conditions.

13. Applicable law and place of jurisdiction

13.1. This contract and its conditions are subject to the substantive law of Switzerland in all respects, regardless of any conflict-of-law rules, and will be interpreted and interpreted in accordance with it. The application of the Vienna Sales Convention is excluded.

13.2. All disputes arising out of or in connection with this agreement are subject to the exclusive jurisdiction of the courts of the city of Zurich, Switzerland.

14. Miscellaneous

14.1. No partnership: The parties are independent contractors. Consequently, under no circumstances should the provisions of this Agreement be construed as creating an association or partnership between the parties. Neither party may bind the other in any way or for the benefit of anybody except in accordance with this Agreement.

14.2. No assignment: The rights and obligations under this Agreement may not be assigned, transferred or licensed to a third party without the prior written consent of the other contracting party, and this consent may not be unreasonably withheld or delayed.

14.3. Entire agreement: This contract represents the entire agreement between the customer and the operator regarding the use of the cork platform and replaces all previous agreements, whether written or oral, that relate to the subject matter of the contract.

14.4. No waiver: Failure by either party to enforce any provision of this Agreement or any rights in relation to it shall in no way constitute a waiver of such provision or right and shall in no way affect the validity of this Agreement. Any waiver of any breach of this Agreement by either party shall not be construed as a waiver of earlier, simultaneous or subsequent breach thereof, and no waiver will be effective unless it is made in writing.

14.5. Notices: The customer agrees that the operator may from time to time send e-mails relating to the cork platform, unless otherwise provided in this agreement. The operator sends all communications related to the agreement to the email address provided in the customer's profile, unless otherwise provided in this agreement. The customer can send notifications to the operator via the cork platform and / or the following email address to the operator: contact@getkork.com

14.6. Severability clause: The invalidity of individual parts of the agreement does not affect the validity of the agreement as a whole. The customer and the operator agree that if any provision or part of a provision of the agreement is deemed invalid, ineffective or otherwise unenforceable under any circumstances, the agreement as a whole and the invalid or ineffective provision or part of a provision shall remain in effect is replaced by a provision that the customer and the operator would have agreed in good faith if they had been aware of the invalidity.

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