General Terms and Conditions (GTC)

Rüschlikon, 12 September 2021, v1.0
The gender form chosen in these General Terms and Conditions explicitly and always refers to all genders.

1. Scope and Conclusion of Contract
   These GTC apply to all services that SYMCO AG provides to users.
   By registering or by otherwise giving explicit consent and/or by using our web, iOS, Android applications or online services (collectively, the “KEEY Platform”), the customer agrees to the validity and applicability of these GTC and declares that they have read, understood and accepted them. In doing so, the customer consents to a legally binding contractual relationship between the customer and SYMCO AG being established on the basis of these GTC, the Terms of Use and any additional conditions (hereinafter also the “Membership Agreement”).
   Any legal conditions that the customer may additionally wish to apply are hereby rejected and shall not apply.
    

2. Users
   Users (also referred to as “customers” or “members”) are independent legal entities and natural persons aged at least 18 who use SYMCO AG’s KEEY Platform.
    

3. Services
   SYMCO AG’s primary service for users is to provide the KEEY Platform, on which members can publish, offer, search for and/or book various offers, services and amenities—for a self-selected circle of people—such as holiday apartments, movables, events, functions, trips, cleaning services, etc. (each an “Offer”). Offers are made, searched for and booked on the KEEY Platform in the form of a “listing”. The services and the conditions of use are further described in the Terms of Use.
   Where SYMCO AG makes third-party services available as part of its services (e.g., credit card providers), their availability and quality requirements are governed by the provisions applicable to those third-party services. We disclose the applicable provisions unless the customer enters directly into a contractual relationship with the third-party provider.
   SYMCO AG endeavours to make the KEEY Platform continuously available. However, it is not responsible for ensuring constant availability. Further details can be found in the Terms of Use.
    

4. Right of Use
   The right to use the KEEY Platform arises from the Membership Agreement and is governed by these GTC and the Terms of Use.
   The right of use is limited to the person registered and permits users to use the KEEY Platform as intended, on a non-exclusive, non-transferable and non-sublicensable basis. Any use beyond this is not permitted.
    

5. Intellectual Property Rights
   By registering on KEEY, the user acknowledges that the rights to the KEEY Platform are vested in SYMCO AG.
   Users are not permitted to copy, redistribute or otherwise make content of the KEEY Platform available, in whole or in part. Under no circumstances may non-public content of the KEEY Platform and its members be published outside the KEEY Platform or made accessible to third parties.
   Content, images, photos, files and works created by the site operator are protected by copyright and other intellectual property rights. Any reproduction, distribution or use requires the prior written consent of SYMCO AG.
    

6. Contributions and Fees
   Booking an Offer obliges the user to pay the contribution indicated by the provider/member, any selected (paid) options, as well as the base and service fees charged by SYMCO AG.
   There is no entitlement to refunds of amounts due or paid.
   SYMCO AG reserves the right to increase fees (base and service fees) at any time. Changes will be announced in due time via the KEEY Platform and/or by email. Further details on termination are governed by the Terms of Use.
    

7. Payment Terms
   Unless agreed otherwise in writing, invoices are payable in full within 14 days of the invoice date. After this period expires, the customer will be in default without further notice.
   Unless otherwise stated, prices quoted by SYMCO AG are always exclusive of any VAT and expenses.
    

8. No Set-Off
   Neither SYMCO AG nor the users/members are entitled to set off claims against the other party with payment obligations owed to the other party.
    

9. User Obligations and Warranties
   User rights and obligations are also further described in the Terms of Use.
   Users undertake to keep the personal information entered on the KEEY Platform up to date, accurate and complete. This includes, among other things, providing the full name, email address, mobile phone number and date of birth.
   The user undertakes to protect their access data to the KEEY Platform against unauthorised access in accordance with the state of the art and to notify SYMCO AG without delay if unauthorised use of their user account is suspected.
   The procurement, installation, maintenance and operation of any software and hardware within the users’ sphere of control are the sole responsibility of the users. SYMCO AG is in no way responsible or liable for the system user’s internet access, including—but not limited to—any issues related to connection speed, bandwidth or latency that affect the user’s access to or use of the KEEY Platform. Users shall promptly report technical disruptions and thus contribute to improving the KEEY Platform. The customer warrants to SYMCO AG that, in relation to other users, they will comply with and actively enforce the Terms of Use.
   Users bear sole responsibility for the offers, listings, data, goods, etc. that they provide.
   Users acknowledge and are aware that the transfer of goods (merchandise, software, technology) may be subject to applicable export and/or import control regulations. Obtaining all legally required export and/or import licences is the sole responsibility of the users and a prerequisite for using the KEEY Platform. Users are deemed to be the exporter and importer (as applicable) of their data, goods, software or technology and acknowledge that SYMCO AG is not involved in the export or import process.
   Users are likewise aware that they are solely responsible for complying with the (local) laws applicable to their offers/listings, in particular outside Switzerland, and may only use the KEEY Platform for their offers if they comply with the applicable laws.
    

10. Contract Formation, Term and Termination
    The contractual relationship begins upon conclusion of the Membership Agreement. Term, suspension, termination and other provisions are governed by the Terms of Use.
     

11. Data Protection
    For all information on the handling of data, please refer to our Privacy Policy.
     

12. Liability
    Irrespective of the legal basis (contractual, non-contractual, breach of warranty, etc.) and irrespective of the number and timing of damaging events, SYMCO AG is liable to users, members and service providers for direct and immediate damages that SYMCO AG has demonstrably, personally and culpably caused to the customer arising from or in connection with the Membership Agreement or any other written contract, up to a maximum aggregate amount of CHF 100,000.00 (one hundred thousand Swiss francs).
    SYMCO AG’s liability for any other or further damages—for indirect, special, incidental or consequential damages, lost profits, loss of use, unrealised savings, loss of earnings, business or production interruptions, data loss and reputational damage, regardless of the cause—is excluded. Liability for damaging conduct by vicarious agents, legal representatives, third-party service providers and/or users is likewise expressly excluded.
    SYMCO AG is liable without limitation on any legal ground in cases of intent or gross negligence, for negligent or intentional injury to life, body or health, or on the basis of mandatory liability such as under the Product Liability Act.
    Furthermore, warranty and liability are governed by the Terms of Use.
     

13. Force Majeure
    SYMCO AG is not liable to the customer if performance is temporarily interrupted, wholly or partially restricted, or impossible due to force majeure. Force majeure includes, in particular, natural events of extraordinary intensity (avalanches, floods, landslides, etc.), acts of war, civil unrest, unforeseeable official restrictions and pandemics.
    If SYMCO AG is unable to meet its contractual obligations, performance of the contract or the deadline for performance shall be postponed in line with the event that has occurred. SYMCO AG is not liable for any damages that users may incur due to the postponement of performance.
     

14. Amendments to the GTC
    SYMCO AG may unilaterally supplement and/or amend these GTC at any time in accordance with the following provisions:
    • Supplements and/or amendments will be notified to members fourteen (14) days before they take effect;
    • The supplements and/or amendments will be published on the KEEY Platform and appropriately marked;
    • Notification to members will be made by email and/or via the user account/profile.

Members who do not agree with the supplements and/or amendments may terminate the Membership Agreement in accordance with the provisions of the Terms of Use by deleting their user account. If the Membership Agreement has not been deleted at the time the supplemented or amended Terms of Use take effect, the members are deemed to have agreed to the amended Terms of Use.

1. Confidentiality
   If a user is subject to official, professional or banking secrecy, they expressly undertake to comply at all times with the resulting confidentiality requirements when using the KEEY Platform.

2. No Assignment
   Users/members may transfer the rights and obligations under this agreement to third parties only with prior written consent.

3. Governing Law and Jurisdiction
   These GTC, the Terms of Use and any additional conditions, as well as all contractual relationships under these GTC, are governed exclusively by substantive Swiss law, excluding conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. Mandatory consumer protection provisions in a member’s country of residence remain reserved.
   Unless mandatory consumer protection provisions provide otherwise, the exclusive place of jurisdiction for all disputes relating to these GTC shall be at the registered office of SYMCO AG, Switzerland. However, SYMCO AG is entitled in any case to bring an action before the court at the user’s domicile.