GTCB

The GTCB shall be valid and binding for any and all legal relationships existing  between GLOBOGATE  Rating System AG (in the following shortly called “the provider”) as the instigator and supplier of the service on the one hand, and the expert(s) as the user(s) on the other. 
 
The provider reserves all rights to make changes and add amendments to the GTCB in a one-sided manner. Any possible changes will be indicated - and the expert notified accordingly - in writing either per e-mail or by refering to the system website clearly showing the relevant changes. If there is no protest or contradiction within 14 days, then the changes shall have full validity and become fully effective as soon as a time span of 14 days has passed. If the client renders a protest and contradicts the GTCB changes on time, they will then be in force after a period of 12 months has passed and the old contractual time span has expired.

The service offers a technical opportunity, to measure expert quality via client questioning, and it enables users, active in cross-border activities, to contact the experts in a purposeful and well-directed manner. The provider offers this opportunity with his service as well as delivery and provision of information concerning  client ratings. He is, however, at no time a partner in the contractual relationships between the advice-seeking person - or any other person, who got the experts reference from the advice-seeking person - and the expert.

Within the framework of the subsequent rules and regulations, the provider grants the expert the non-exclusive right to use the service.

The core and main purpose of the service is establishing and facilitating contacts and connections but it is in no way a service for legal consultation or advising. By using the service or by any notification of experts per e-mail, no mandate-relationship whatsoever between the expert and the provider is established.

The service as a whole as well as all contents of the website, the related software inclusive all documentation and data are protected by copyright. Any use which goes beyond the scope and the set of rules and conditions as stated in the GTCB can only be allowed after receiving the written permission of the provider as the legal owner and holder of all rights.

The provider shall be entitled to expand or reduce the scope of the service at any time.

There is no guarantee that the service is available at any time and without any interruptions. The provider, furthermore, retains and reserves all rights to carry out maintenance work which would consequently interrupt the proper function of the on-line information system temporarily.

The contractual relationship between the provider and the expert in this service will be established and concluded after the full acceptance of the GTCB in the personal account (profile) of the expert. Concluding the contract over the Internet will be fully accepted and recognised as legally binding by both contractual parties.

The contract shall come in force beginning with the first day of the calendar month following the acceptance in accordance with the above paragraph. The contract shall be valid for a period of 12 full calendar months and shall be extended automatically for another 12 months unless notice has been given in due course and on time.

The contractual relationship between the provider and the expert can be terminated in writing within a 2-months period before the expiration of the 12- months contract time. The electronic version of giving notice (e-mail) shall be honored as legally binding by both parties.

If and when the expert has given notice, all services already used will still have to be paid for.

When an expert infringes on - or breaks - any rule as set by the GTCB, or he/she is delaying payments for using the service, despite reminders by the provider, or contravenes the rules of conduct as stated in the home page, then the provider shall be entitled to terminate the contract right away, to block the access to the system and cancel all rights of the expert with regard to the use of the service. Any possible claims and the right of suing for damage shall by no means be affected by such an act of service termination.

Within the contractual time span agreed upon, the provider grants the expert - who is now integrated into the system - a non-exclusive user right for the service. With the termination of the contractual relationship this granted right of use ceases to exist as well.

Passing-on or giving away any login-data, codes, passwords, enquiries or any other information to any third party - who is not part of the same law office or does not work within the organisation of the expert - is not allowed, unless the provider has given his permission explicitly and in writing.

The expert is obliged to do anything in his power - within his sphere of influence, to adhere to the laws and rules of data protection and safety. He is not allowed to misuse any information accessed and obtained by him from the service, or use them for commercial purposes.

Likewise, the expert commits himself, not to violate the code of conduct as stated and outlined on the website. The provider shall have the right to change this code of conduct at any time in a one-sided manner. The expert will be notified about such possible changes at least 2 months before they come into effect, either by e-mail or over the website.

When using the service, the expert must abstain from spreading any contents violating any laws or rules of common decency. The expert, moreover, commits himself to compensate the provider in the case of violation of that kind. On the other hand, the provider as a disclaimer refuses any and all liability and responsibility for any kind of contents spread by another expert using the service.

By activating certain connections (links) on the website, the advice-seeking person or the expert will leave the website, naturally connecting themselves with other external websites. The provider is in no way responsible or liable for any contents to be found there, or for any products offered, services rendered or any other offers made.

The right to use the service provided involves certain costs. The range, scope and structure of the appropriate fees and its connected features can be found on the website.

The provider reserves all rights to make changes to the fee structure in a one-sided manner. The user / the accepted expert shall be notified by any such changes in due course, but at least 3 months before the contractual time span of 12 months has expired. Such notifications of changes will be send either per e-mail or be shown on the System website.

Any damage claims against the provider and any liability by him are definitive and strictly excluded, unless the damage has been caused with intent or by culpable negligence.

Liability is particularly exluded in one or all of the following cases:

• for all damages originating from a legal relationship which has been arranged and established with the help of the service;
• for all damages resulting from an interruption of the service by the website or the internet connections;
• in all cases of disfunctional running or operations of third-party systems or in data processing centres operated by third-party users to whom the system provides connecting links;
• for all loss of data, as well as lost, garbled or distorted information;
• for all damage caused by faulty software, hacker attacks or other problems caused by using the internet;
• for all opportunity profit losses (missed profit chances) and for asset losses and all subsequent damages occuring as a result of using the service, or through exclusion from using the service;
  
• for all and any damages resulting from the wrongful, misleading or not seriously meant enquiries and their corresponding answers or responses;
• for any damages suffered by the expert caused by misuse or loss of the login-data provided to him by the provider, or also caused by all kinds of changes of login-data, originating and done by the expert himself;
• for any kind of damage caused by wrongful, false or incomplete ratings

The provider is in no way responsible and liable for any possible damage caused and done by auxiliary staff.

The provider, furthermore, is not liable for - and cannot guarantee - that the enquiry calls of the advice-seeking persons are really serious, and that these persons submit ratings which are really correct and fair.

The provider observes all laws and legal rules, especially those related to data protection. All data and information resulting from the registration process or from the use of the service will strictly and exclusively be used and filed for the sole purpose of rendering the service functions, the fulfillment of the contract obligations and for bookkeeping, billing, invoices etc. Likewise, any use beyond such purposes are only possible after the expert gave his permission for using the data beyond the normal range of applications, or if the law permits it. For all guidlines of data protection please read the privacy policy.

The expert is fully aware of the fact that for certain functions of the service so-called “cookies” have to be inserted and set for technical reasons. The expert fully agrees to this neccessary insertion of cookies.

All legal and lawful relationships between the provider and the expert shall be subject to Swiss law. Place of juristiction is at the location and residence of the provider.

The parties agree that in the case of differences of opinion and before calling upon a court or judge, any possible effort shall be made to come to a peaceful and amicable conclusion and attempting an agreement. The counter party should always be given the opportunity to come forward with a written statement, clarifying its opinion.

Should there be a case when the rules of the GTCB are ineffective or incomplete, then this rule or regulation will automatically be replaced by a rule or legal regulation which comes as close as possible to the ineffective rule.

Should some single rules and regulations of the GTCB contradict laws or legal regulations then the remaining other GTCB regulations shall by no means be affected or invalid.