1. Scope and construct of the Terms of use
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE! BY EDITING
YOUR PROFILE WITH LEADING EXPERTS®, INITIATE RATINGS OR HAND IN
RECOMMENDATIONS YOU ACCEPT THE FOLLOWING TERMS OF USE.
The provider reserves all rights to make changes and add amendments to
the Terms of use in a one-sided manner. Any possible changes will be
indicated on the system website.
2. Scope and delivery of service
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 and the expert.
The core and main purpose of the service is the establishing and
facilitating of contacts and connections but 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 rating of the service is not intended to be the only possibility to use in
choosing a cross border-expert. It is a snapshot evaluation of the
experts-background and thus an indication of the experts competences but
it does not capture his actual counseling achievements.
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 Terms of Use 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.
3. Rights and obligations of the expert
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 over the website about such possible changes
at least 2 months before they come into effect.
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.
4. Fees and costs
The right to use the general service is free of charge. The definition
of the free of charge general service results in using the website.
5. Liability
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 rating of 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 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.
For the rating and its included Le-rating the service conducted
researches to the best knowledge and belief. In the same way the service
evaluated all the data. However the service issues no guarantee for the
correctness, exactness and completeness. The provider is in no way
responsible and liable for any possible damage. The service is no
individual counseling and it can not replace it.
6. Data protection
The provider observes all laws and legal rules, especially those related
to data protection. For all guidelines 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.
7. Further stipulations and clauses
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 Terms of Use 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 Terms of Use contradict
laws or legal regulations then the remaining other Terms of Use
regulations shall by no means be affected or invalid.
