General Terms and Conditions

Status: January 1, 2024

This text has been translated with the help of an AI and is only intended for better understanding. However, only the German version is legally binding.

amorloo is a portal for the publication of listings and other advertising (hereinafter the "Portal"). The operator of the platform in Switzerland is SWARETIQ GmbH and in the European Union SWARETIQ Deutschland GmbH (hereinafter the "Operator").

These General Terms and Conditions (GTC) govern the rights and obligations of both the Operator and the portal users (hereinafter uniformly referred to as the "Users"). Supplementary or additional terms and conditions and other legal documents may exist for individual or additional functions and services.

Information on data protection can be found in the privacy policy.

  1. Functions and services of amorloo.com
    1. On the one hand, the portal is aimed at users who wish to enter and publish advertisements and other advertising (hereinafter collectively referred to as the "advertisements") for services that they offer and provide independently of the portal (hereinafter referred to as the "services") (hereinafter collectively referred to as the "advertisers"). On the other hand, the Portal is aimed at users who visit the portal in order to retrieve listings for services and to contact advertisers (hereinafter uniformly referred to as the "visitors").
    2. The operator makes the portal available to users upon request. The operator may offer functions and services on the portal free of charge or for a fee. The current scope of functions and services as well as any fees and other costs are shown on the portal in the form of price lists and other information. The operator is entitled to adjust the functions and services offered as well as any fees and other costs at any time. The operator may enable users to purchase credits and otherwise have a credit balance at their disposal in order to pay for chargeable functions and services.
    3. The operator is entitled to send users messages by email, instant messaging, SMS and via other communication channels. Such messages may also contain advertising. Users can object to the receipt of messages containing advertising for the future ("opt-out") for each message received.
    4. Users, i.e. advertisers and visitors, communicate directly and on their own responsibility, in particular via published contact addresses. Users conclude any contracts in connection with services on their own responsibility. Any contracts between users and any pre-contractual exchanges shall be the sole responsibility of the users involved. The fulfillment of the contract is the sole responsibility of the users involved. Details, notifications and other content on the portal serve exclusively to inform the users concerned.
    5. The operator is neither a contracting party nor a representative of users in connection with services. The operator does not guarantee that users will fulfill any contractual or other legal obligations they may have towards each other. The execution and / or enforcement of contracts is the sole responsibility of the users involved.
    6. The operator is not obliged to monitor the behavior of users on the portal. In particular, the operator is not obliged to check advertisements and other content of users for their legality or other admissibility as a precautionary measure. The operator accepts no liability whatsoever for listings and other user content. In case of doubt, users are obliged to check listings and other content from other users themselves.
    7. The operator follows the Swiss Code of Conduct Hosting (CCH) for listings and other content that is reported as unlawful or otherwise not permitted. Reports or notices from affected persons to the Operator must in particular comply with the requirements of the CCH.
  2. Use of amorloo.com
    1. Use of the portal is restricted to natural and legal persons who have unlimited capacity to act. Natural persons using the portal must be of legal age, i.e. 18 years or older.
    2. The operator may stipulate mandatory registration as a user for the use of the portal or for the use of individual functions and services. The operator is entitled to refuse registration at any time - even retrospectively - and without giving reasons.
    3. Registration with false or fictitious information is prohibited. Only one registration is permitted for each person. The information provided by users must be complete and truthful at all times, even after registration. The operator is entitled - even retrospectively - to check information provided by users or have it checked by third parties and to request additional information from users.
    4. Users may only access the portal for their own use, including commercial use. Users undertake to use the portal - directly or indirectly - exclusively in accordance with the law in every respect.
    5. Registered users undertake to treat their access data to the portal confidentially and to use it exclusively for their own purposes. Users are not authorized to make their access to the portal directly or indirectly available to third parties for a fee or free of charge.
    6. The operator is entitled to deny users access to the portal at any time and without giving reasons. If access is denied due to a violation of these GTC, any fees and other costs shall remain owed and any fees and other costs already paid shall not be refunded.
    7. Users undertake to meet all obligations to the operator in full and on time at all times. In particular, users undertake to pay any fees and other costs on time. The Operator is entitled to make chargeable functions and services dependent on payments on account and advance payments. There is no entitlement to a refund of fees and other costs paid.
    8. Any fees and other costs are due immediately unless the operator grants a payment deadline. Users are automatically in default if payment is not made on time without a payment reminder. In the event of default, the Operator is entitled to charge default interest of 10.0 % per year and a fee of CHF 25.00 for each payment reminder. The operator is entitled to deny defaulting users access to the portal and to assign claims against users to third parties or to commission third parties with debt collection.
    9. Use of the portal may be temporarily, partially or completely unavailable, in particular for technical reasons. The operator accepts no liability for the availability of the portal.
  3. Listings and other content at amorloo.com
    1. By entering listings and other content, users declare their consent to publication on the portal and via any other communication or publication channels of the operator. Publication also includes contact addresses so that visitors can make contact. Users grant the operator a non-exclusive, transferable and sublicensable right to use the content entered, including content protected by trademark and copyright law, which is unlimited in terms of location and time.
    2. The operator may refuse to publish listings and other content at any time without giving reasons. The operator may enrich listings with metadata and is entitled to adapt listings at any time at its own discretion and without consultation, in particular to improve appearance, formatting or readability.
    3. The operator is not liable for listings that are not published or are published incorrectly. Advertisers are obliged to inform the operator of non-published or incorrectly published listings so that the operator can take appropriate measures.
    4. IAdvertisers undertake to ensure the topicality, quality, accuracy and completeness of listings. In particular, listings may only refer to services that are actually provided by advertisers. Advertisers bear sole responsibility for all content of listings. Advertisements that are no longer up to date must be deleted by advertisers without delay.
    5. Users undertake to only enter listings and other content that complies with the law. In particular, users undertake not to publish any content that is discriminatory, defamatory, racist, harmful, criminal, unfair or unsafe. Listings and other content that show or otherwise advertise genitals, depictions of violence or human excretions are prohibited. Listings and other content that show or otherwise advertise sexual acts with minors - including with apparent minors and with minors in virtual form - or animals, as well as unprotected sexual intercourse, are prohibited. In the case of content that is suspected of being criminal or otherwise unlawful, the operator is entitled at any time to file a criminal complaint against the users concerned or to press charges.
    6. Users further undertake not to enter any content that contains false, misleading or inadequate information or - both directly and indirectly - advertising for comparable operators such as the Operator and comparable portals such as the Portal. The collection of content in connection with job placement, money games, work from home, network marketing, personnel leasing, pyramid schemes, gift circles or job listings is prohibited. It is also prohibited to enter content that infringes intellectual property rights, personal rights or other third-party rights.
  4. Liability
    1. The operator is only liable for direct damages caused by its own gross negligence or willful misconduct. Any further liability of the operator for direct damages is expressly and fully excluded. Any liability of the operator for indirect damages and consequential damages, for claims of other users or any third parties as well as for loss of profit is expressly and fully excluded. Any liability for auxiliary persons is excluded.
    2. Users are expressly and fully liable to the operator and any third parties, regardless of fault, for all direct and indirect costs as well as for damages arising from violations of these GTC or in connection with the portal. In the event of fraud, attempted fraud and violations of these GTC in connection with credits and credit balances as well as with the payment of functions and services subject to a charge, the Operator is entitled to impose a contractual penalty of a lump sum of CHF/EUR 1,000.00 on the offending user.
    3. The indemnification also includes claims by other users or any third parties. The users concerned indemnify the operator against all claims by other users and any third parties and undertake to bear all costs - including legal fees and court costs - and damages incurred by the operator in this connection.
    4. Responsibility for own behavior. The operator's team clearly points out that every user acts in their own interest and on their own responsibility. The operator's website serves only to publish listings. The services offered there are beyond the responsibility of the operator. Therefore, every user should check whether a service is legal before using it. This applies both to the age of the person offering the service and to the person's right to offer such a service.
  5. Complaints procedure
    1. Complaints about the infringement of intellectual property rights. As described in section 3.1, users may not upload any content to the portal to which they do not own the rights. The Copyright Act (UrhG) serves to protect intellectual property. Among other things, this is intended to ensure that the injured party is adequately compensated in the event of copyright infringements. The operator refers to Section 19a UrhG, which regulates the distribution of content via the Internet. If users discover an infringement, they can report it immediately. There are two ways to do this:
      - Report a violation via the reporting function within the corresponding listing.
      - Direct contact with the operator's team by e-mail (complaint@amorloo.com)
      The author of the stolen content can assert various claims. Overall, they have the option of asserting a claim for injunctive relief, a claim for removal, a claim for damages and a claim for information from the person who has harmed them. It is important to note that only the injured party themselves can initiate such proceedings. Notification by third parties is not permitted here. The operator will immediately follow up on reports of such violations, investigate and resolve them within seven (7) working days.
    2. Complaints about illegal or unlawful content. As soon as a user discovers offensive or illegal content on the operator's website, this can be reported immediately. There are two ways to do this:
      - Reporting an infringement via the reporting function within the corresponding listing.
      - Direct contact with the operator's team by email (complaint@amorloo.com) The Operator will immediately investigate the report of such violations, check and resolve them within seven (7) working days.
    3. Objection to depicted content. If users find that they are depicted unlawfully in images or videos, they can raise an objection at any time so that the operator can check this content and look for a solution (e.g. removal of the content in question). There are also two ways to report such content:
      - Reporting an infringement via the reporting function within the corresponding advertisement.
      - Direct contact with the operator's team by email (complaint@amorloo.com) The operator will immediately follow up on the report of such violations, check and resolve them within seven (7) working days. Content will be stored for as long as necessary in accordance with the requirements of the GDPR and nDSG. In addition, only information on persons who are directly connected with the use of the operator is required. This includes, for example, address and possibly also account data required for the purchase of amorloo Coins.
    4. Report violations of GDPR and nDSG. If violations of European data protection law (GDPR, see https://gdpr-info.eu/) are detected, these can be reported immediately. The same applies to data protection law in Switzerland (nDSG, see https://dsg.ch/). If infringements are observed, the user has two options for reporting them:
      - Reporting a violation via the reporting function within the corresponding listing.
      - Direct contact with the operator's team by email (complaint@amorloo.com) The operator will immediately investigate the report of such violations, check and resolve them within seven (7) working days.
  6. Final clauses
    1. Automated access to the portal, for example using bots, scripts or similar means, is prohibited.
    2. The operator is entitled to discontinue portal operation at any time, permanently or temporarily, in whole or in part, without notice and without giving reasons. The operator is entitled to have individual or all rights and obligations arising from these GTC exercised by third parties or to transfer them to third parties.
    3. Should any provision of these GTC prove to be unenforceable, invalid or ineffective, this shall not affect the enforceability, validity and effectiveness of the remaining clauses. In this case, the parties undertake to replace the unenforceable, invalid or ineffective clause with an enforceable, valid or effective clause that comes closest to the original intention of the parties in terms of content and economic effect. This severability clause does not apply to users who are consumers.
    4. The operator is entitled to amend these GTC at any time and without giving reasons. Users will be informed of relevant changes to these GTC in an appropriate manner.
    5. These GTC are subject exclusively to Swiss law with the exclusive place of performance and jurisdiction at the registered office of the operator, provided that the users are not consumers. In particular, the court at the domicile or registered office of one of the two parties shall have jurisdiction for actions brought by consumers in the event of disputes arising from consumer contracts, and consumers may in particular invoke the law of their domicile.