Terms of Service for Users
The following constitute the Terms of Service for the Experify Platform applicable to its users.
Use of the Experify Service
1.1 The Experify Service provided by Experify AG (hereafter “Experify”) displays Social Reviews and provides a platform for potential customers (hereafter “USERS”) of a brand to connect with existing customers of that brand (known as “LOCALS”). USERS thus have the opportunity to get feedback from real owners and experience the respective product. Registration for the Experify Service does not include a guarantee that a USER will be matched with a specific LOCAL or will be able to experience the requested product.
1.2 Experify´s services are described in more detail on the Experify website. This information is an integral part of these terms and conditions, alongside all further documents mentioned hereafter.
Registration
2.1 USERS and LOCALS must register before using the services of Experify in full. Registration is regulated on the Experify website, which is an integral part of these terms and conditions, alongside the Data Protection Declaration and any community guidelines.
2.2 Registration is only permitted for natural and legal persons capable of acting. The registration of a legal person may only be carried out by a person authorized to represent, who must be named.
2.3 When registering, only individual persons may be specified as the owner of the user account (i.e. no married couples or families).
2.4 The USER/LOCAL assures that all data provided during registration are true and complete. He may not use pseudonyms or artist names.
2.5 When registering, the USER/LOCAL chooses a password. He is obliged to keep his password secret, to adequately protect the devices he uses, with which he accesses the Experify platform, from being spied on by malware and to report any suspicions of the password to Experify immediately.
2.6 If the USER’s/LOCAL’s access data is misused by third parties, the user is liable as for his own actions. All emails or other messages coming from his email address or account are considered his own.
Liability of USERS
3.1 USERS are solely responsible for all of their actions related to the Experify Service. When using Experify as well as for all other actions or omissions related to the Service, the user is obliged to
to comply with the applicable laws;
to comply with the terms of the contractual relationship between Experify and the USER;
to comply with community guidelines;
to respect the rights of third parties and in particular not to violate any copyrights or other intellectual property rights of third parties;
not to take any action that could affect the interests of Experify or damage its reputation;
refrain from any harassing acts;
3.2 USERS shall be liable to the LOCAL for all caused damage (including loss, destruction, and confiscation) which occurs during their interaction due to the Experify Service, particularly while meeting to experience the product, and that are not subject to reasonable wear and tear of general usage.
3.3 USERS accept personal responsibility for the proper and safe use of the product.
3.4 USERS confirm to have insurance to cover any damages inflicted onto third parties and their belongings (Personal Liability Insurance).
3.5 USERS absolve Experify AG, the participating brand and LOCALS of all liability from all claims arising from the violation of laws, regulations or other provisions in connection with the use of the service. The same applies to third party claims due to accidents.
3.6 In the event of any damage during the product experience, or the occurrence of an accident in which the product provided to the USER by a LOCAL is involved, the USER undertakes to inform the LOCAL as well as Experify AG immediately — if possible directly from the site of the accident. The obligation to immediately inform the LOCAL and Experify also applies in the event of theft, other destruction (e.g. seizure) or technical or other defects.
Role and Liability of LOCALS
4.1 LOCALS agree to share their public profile on the Experify Service and to be contacted by USERS. Such contact and the following correspondence is facilitated through the Experify Service.
4.2 LOCALS are solely responsible for all of their actions related to the Experify Service. When using Experify as well as for all other actions or omissions related to the Service, the LOCAL is obliged
to comply with the applicable laws;
to comply with the terms of the contractual relationship between Experify and the LOCAL;
to comply with community guidelines;
to respect the rights of third parties and in particular not to violate any copyrights or other intellectual property rights of third parties;
not to take any action that could affect the interests of Experify or damage its reputation;
to refrain from any harassing acts;
4.3 LOCALS decide individually whether they want to allow a USER to actually meet and experience the product. There is no obligation to provide such a product experience.
4.4 LOCALS receive Brand points for each product experience they provide. Accumulated brand points are displayed in their Experify profile. The points can be used to redeem rewards from their product brand. The brands are responsible and liable for providing the brand rewards. Experify takes no liability for the availability and delivery of the respective reward.
4.5 LOCALS absolve Experify AG, the participating brand and USERS of all liability from all claims arising from the violation of laws, regulations or other provisions in connection with the use of the service. The same applies to third party claims due to accidents.
Role and Liability of Experify AG
5.1 The decision as to whether a product experience will be permitted rests solely with the LOCAL. Experify does not accept any liability for the actions and content of USERS and LOCALS with regards to the Experify Service.
5.2 Any liability on the part of Experify for breach of its contractual obligations shall be limited to intent and gross negligence. If Experify is liable for damage caused by slight negligence due to statutory provisions, Experify is liable only to a limited extent: Liability exists only in the event of a breach of material contractual obligations. Experify is not liable for any agreements made between the LOCAL and USER.
5.3 Insofar as the liability of Experify is excluded or limited, this shall also apply to the personal liability of the legal representatives, vicarious agents and employees of Experify.
Data Usage and Privacy Policy
6.1 Experify is fully compliant to the applicable data protection regulations.
6.2 USERS hereby agree that Experify AG may store their personal data submitted during the registration process for the purpose of providing the Experify Service.
6.3.1 LOCALS hereby agree that Experify AG may store their submitted personal data and product data solely for the purpose of providing and coordinating the Experify Service.
6.3.2 USERS and LOCALS hereby agree that a limited part of the provided personal data (first name, the general vicinity of home address, profile picture) and provided product data will be shared publicly for providing the Experience Service.
6.3.3 USERS and LOCALS are aware that this consent may be revoked at any time by sending an email to info@experify.io
6.3.4 Further details on the privacy policy can be found in the data privacy agreement.
6.4 Zurich is the place of jurisdiction for any disputes in connection with the use of the Experify Service.
Miscellaneous
Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
