General terms and conditions

These General Terms and Conditions govern the relations between you as a user and all companies of the TX Group (in particular TX Group Ltd, Tamedia Basler Zeitung AG, Berner Oberland Medien AG BOM, Tamedia Espace Ltd, Tamedia Publikationen Deutschschweiz AG, Tamedia Publications romandes SA, Tamedia Verlag Finanz und Wirtschaft AG, Tamedia ZRZ AG; hereafter referred to jointly as «We») as provider of products and services made available by us, in particular with regard to our print and online services and mobile applications (hereafter referred to as «Products» and with regard to online services on websites and mobile applications also «digital services»).

By using our products, you accept these General Terms and Conditions as an integral part of any contractual relationship with us and agree to the following provisions and legal information in connection with our products and, in this context, any third-party services and products offered by us.

Please also read our privacy policy, which provides information on how we handle information that you provide us with about yourself. If you do not agree with the following conditions, please refrain from accessing our digital services.

1. Copyright and other intellectual property rights

Layout, trademark rights and logos as well as all contents (texts, tables, pictures, videos, graphics etc.), which are made available to you by us via our products, are our property or the property of our licensors. You are not permitted to use them without our express consent other than as expressly provided herein or as a function provided for in the products or to grant third parties rights to use them. Use includes, but is not limited to, modifying, offering, licensing, selling, distributing, publishing, reproducing, renting, leasing, sending, and making them perceptible, as well as producing, transmitting, and selling second-hand works.

The software programs used to operate our digital services are protected by copyright and you are not permitted to use them in violation of the following terms. In particular, you are prohibited from copying, reproducing, modifying or otherwise editing the software programs.

2. Use of products

All products are available for personal, non-commercial use only. You may view and display our digital services on a computer screen or mobile device, print (but not photocopy) individual pages on paper and store such individual pages electronically on your computer or mobile device for your personal, non-commercial use. Similarly, you may use our digital services exclusively on devices intended for this purpose for your personal, non-commercial use. In particular, any form of automated retrieval of products and their distribution in other systems is only permitted with our express consent, whereby we reserve the right to revoke such consent at any time.

Our digital services are generally available around the clock and are subject to ongoing changes and adjustments. We also reserve the right to restrict access temporarily or permanently for technical or other reasons.

3. Chargeable products and terms of payment

You may use products subject to a charge in accordance with the tariffs valid at the time of conclusion of the contract and to the extent provided for in each case. The relevant contract is concluded upon invoicing, confirmation of the (credit card) payment made or your first access to the chargeable products. All payments (including any applicable taxes, in particular VAT) must be made in advance and without deduction in Swiss francs or any other currency we may specify. Any fees for access to digital offers by means of your computer or one of your mobile devices shall be borne entirely by you.

Unless expressly stated otherwise, subscriptions to chargeable products can only be obtained without interruption. In the event that we discontinue your access to chargeable products, you will receive a pro-rata refund of any payments already made in advance for the remaining unused term of the contract, unless your access is discontinued due to a breach of the provisions of these General Terms and Conditions for which you are responsible.

If and to the extent that our digital services offer the possibility to purchase or obtain services or products of our partners or third parties and you wish to make use of this offer, any contract is concluded exclusively and directly with the relevant partners or third parties and not with us.

Without written notice of cancellation at least two weeks before the contract expires, the subscription is automatically extended for the same period. Trial subscriptions are an exception to this rule.

4. Registration as user and your duties of care

Certain areas of our digital services are only accessible to registered users. If you register as a user and enter your name and/or e-mail address, you are obliged to protect your access data (including password) from unauthorised access by third parties and to treat them confidentially. If your access data (password, user name, email address etc.) is lost, stolen or used in a manner not in accordance with the contract, you must notify us immediately upon becoming aware of this. By registering for paid products, you assure that your details are correct and complete and undertake to inform us immediately of any changes to your registered details. We reserve the right to monitor and store your activities on our digital services, including your access, for the purpose of checking compliance with these conditions.

Every registration and subscription is for your personal use only. You are not permitted to make your access data available to other persons or to share its use with other persons. The same applies to any transfer of your subscription. Unless otherwise expressly provided for in the scope of a chargeable product, any form of network or other multiple use of access data is not permitted. In the event of violations, we reserve the right to block your access at any time without any further obligations on our part and to delete your user account.

In the subscription account of our digital services, you can manage your registration and your subscribed products (subscription renewals, address changes, etc.)

5. Content created by you on our digital products

Our digital services may provide interactive functions (forums, blogs, etc.) that allow you to exchange information with us and other users about the products (texts, photos, etc.) and to make comments or other communications (hereafter «contributions»). Your contributions will not be (systematically) checked by us for their content. However, we expressly reserve the right, at our sole and free discretion, to delete, move or change contributions and to block your access to interactive functions.

You are responsible for the content of your contributions and are obliged to comply with the applicable rules for the use of the interactive functions. In particular, you must refrain from posting statements, links or other publications if these:

  • are obscene, racist, homophobic or sexist or contain any other form of hate speech;
  • violate the copyrights of third parties;
  • are defamatory, libellous, defamatory or otherwise unlawful or immoral and may give rise to legal proceedings or violate precautionary measures ordered by a court of law;
  • are insulting or contain threats or in any other form constitute a personal attack on our employees;
  • are not related to the products with which the interactive function in question is associated;
  • contain any form of advertising for services or goods (including spam);
  • contain recommendations to buy or boycott;
  • repeat any postings already made within the interactive features;
  • mislead as to the author, writer or sender of a communication or otherwise give the appearance of having any connection with any person, entity or company (including, without limitation, us and our employees) in a manner that is untrue or misleading;
  • contain software viruses or files, software or devices that may interfere with, disrupt or destroy the functionality of our digital services;
  • collect and store personal data; and/or
  • block or restrict the access of other users of our digital services.

You are obliged to indemnify us in full from all claims of third parties which are asserted against us on the basis of your contributions (including any legal costs and court costs) and bear the sole responsibility for any legal consequences of your contributions. Furthermore, we reserve all rights in case of misconduct.

By using an interactive function, you grant us the irrevocable, free of charge, non-exclusive right, unlimited in time and space, to store, reproduce, change, translate, make accessible, forward your contributions in whole or in part in any (also future) form, and to grant these rights to third parties.

Contributions of our users are not considered products, but exclusively as statements of our users. Any liability for contributions by our users through us is excluded. It is not possible for us to check all contributions for their legality and compatibility with these general terms and conditions. Should a contribution violate your rights, we ask you to inform us immediately via the contact form.

6. Data protection

The protection of your data is carried out strictly within the framework of and in compliance with the legal regulations on data protection applicable in Switzerland.

We use the data provided by you and the data collected by us in the context of our digital services in accordance with our privacy policy.

7. Liability

Even though we are committed to ensuring the high quality, accuracy and availability of our digital services, we cannot exclude the possibility of temporary restrictions and outages (business interruptions, troubleshooting, maintenance work, etc.). Your access and use of the products is at your own risk. Any warranty with regard to our products and other software provided by us is therefore expressly excluded.

Furthermore, our liability for services provided by third parties is excluded. This applies to links to third party content and offers, for whose legality, accuracy, completeness and availability we assume no responsibility or liability. We are also not liable for damages caused by computer viruses and other harmful computer programs such as malware or spyware.

Our liability (including for our affiliated companies, employees, representatives and vicarious agents) is in any case limited to intentional or grossly negligent breaches of contractual and non-contractual obligations for which we are responsible and which have been proven to us. To the extent permitted by law, our liability shall be limited in each case to the amount which we have invoiced you for the purchase of the corresponding chargeable products. Our liability for consequential damages and loss of profit is excluded.

8. Other provisions

Should we fail to assert our rights under these General Terms and Conditions, this shall not be deemed a waiver of our rights and claims in this respect. Should any provision of these General Terms and Conditions be declared invalid or unenforceable, this shall not prevent the validity of the remaining provisions. The invalid provision shall be replaced by a new provision which corresponds to the invalid provision in its economic and legal effect.

We reserve the right to change the provisions of these General Terms and Conditions at any time and at our own discretion. Such changes will be published by us immediately on our digital offers. It is incumbent upon you to regularly inform yourself about the currently applicable provisions of the General Terms and Conditions and the Privacy Policy.

9. Applicable law and place of jurisdiction

The present General Terms and Conditions and all actions associated with them are subject exclusively to Swiss substantive law, excluding the conflict of laws provisions of Switzerland and your place of residence.

Subject to any mandatory legal provisions to the contrary, the exclusive place of jurisdiction for all disputes arising in connection with these General Terms and Conditions and the Data Protection Directive is Zurich, Switzerland.

These General Terms and Conditions were last amended on 1 January 2020.

The original General Terms and Conditions GTC are in German. In the event of inconsistency or discrepancy between the German version and any other linguistic versions of these General Terms and Conditions, the German language version shall prevail.

Copyright © TX Group AG – all rights reserved. Any further processing, republication or permanent storage without our prior express permission is prohibited.