Terms & Conditions

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Introduction

These general terms and conditions of use (hereinafter "Terms of Use") apply to any use of the NAVEST GmbH and Trustify websites (hereinafter "Website"), including but not limited to trustify.ch, app.trustify.ch, in.trustify.ch, navest.ch, navest.cloud and similar websites.

The Website and Services are provided by NAVEST GmbH, Wierystrasse 70, 3902 Brig-Glis, Switzerland. In these Terms of Use, the words "we", "us" and "our" refer to Trustify respectively to NAVEST GmbH.

We may change this Terms of Use, including our Privacy Policy under privacy policy, at any time without prior notice. The current version published on our website applies.

Registration

For unrestricted access to use the Website and our Services, you must register as a user (hereinafter "Registered User" and "Customer").

Non-registered users, such as those who leave reviews, are hereinafter also referred to as "Visitor". If they are not explicitly mentioned and it is obvious or in the sense of Trustify that they are included in a regulation, then they are automatically included.

  • By registering, a contract on the use of the service is concluded between the customer and Trustify. The registration and the creation of a user account (hereinafter "Profile" and "Account") is free of charge for the customer.
  • Generating and trading with manipulated reviews and ratings contradicts the values of Trustify. Therefore, companies that generate or trade with reviews and reatings are excluded from use.
  • Minors and persons under guardianship are not allowed to register.
  • The customer is obliged to provide the data collected during registration truthfully and completely. The use of pseudonyms or stage names is not permitted. In case of a change of the collected data after registration, the customer has to update the information in his profile immediately.
  • By submitting the registration form, the customer agrees to these Terms of Use and affirms that he/she has provided truthful personal information and is not excluded from using the service.
  • Multiple registrations and the creation of multiple accounts are prohibited. Except with the written consent of Trustify.
  • There is no right for registration. Trustify reserves the right to refuse the registration of the customer without giving reasons.

We may at any time, without prior notice, delete, suspend or modify your profile in the event of a violation or suspected violation of these Terms of Use or applicable law. This applies in particular:

  • If false information was provided during registration.
  • If the customer was not allowed for registration.
  • In case of loss or suspected misuse of the access data by a third party.
  • If the customer has violated the Terms of Use or law.
  • As well as other reasons such as suspected manipulation of the system, multiple registrations, fraud, payment reclaim, manipulation of ratings, content that contradicts the values of Trustify and other, important reasons.

In case of deletion of your profile, we reserve the right to delete content created by you on the Website and user-generated content.

In addition, we reserve the right to delete your profile and user-generated content at any time, without prior notice or explanation.

User generated content

To the fullest extent permitted by law, Trustify is granted a non-exclusive license (including all intellectual property rights) to any materials, information, messages, reviews, articles or other communications (hereinafter referred to as "User-Generated Content" or "UGC") created by Registered Users and Visitors on the site. Registered User shall not be entitled to any royalty payments or other compensation or fees in connection with this UGC. We may freely use and transfer this UGC. Our non-exclusive right to freely use the UGC is irrevocable and not limited in time or space.

Registered users and Visitors are liable for the UGC they post on the website.

Registered Users and Visitors warrant that any UGC posted on the site is accurate and true (in the case of fact) or sincere (in the case of opinion).

Registered users and Visitors may not post any UGC on the site that is is promotional in nature or purpose, unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, abusive, defamatory, tortious, obscene, pornographic, profane, sexist, political, racist, infringing of another's rights (including any intellectual property rights), objectionable, or in any other way violates any applicable local, national or international law or regulation, violates these Terms of Use serves an unfaithful or unlawful purpose and/or contains such content (or promotes unlawful purposes), is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupt data or other malicious software, harmful data or harmful conduct).

UGC creators warrant that the UGC is lawful in all respects and complies with the Terms of Use. If we are notified or otherwise become aware that the UGC violates applicable law and/or the Terms of Use, we may delete the UGC without notice as well as, depending on the nature of the violation, notify the violating party and/or the authorities. Our right to delete is not dependent on any justification, although we will endeavor to inform the registered user about the deletion and its reasons.

The Registered User or Visitor will indemnify us in respect of any claim brought against us as a result of any breach by the Registered User or Visitor of the Terms of Use or applicable law. The Registered User or Visitor shall indemnify us with respect to any claim or loss arising from any third party claim against us based on the Registered User's and Visitor's UGC.

We may at any time require the registered user or visitor to provide information about the UGC, including documentation supporting the content of the UGC. For example, the registered user and visitor must demonstrate that the UGC is based on an actual purchase or service experience in a genuine customer relationship with the company, person or business to which the UGC relates.

Duties and regulations

In general, the registered user and visitor is prohibited from using this website and services of Trustify in any way that is not in accordance with the purpose and intent of Trustify.

  • The registered user assures that the customers contacted by him in the context of a customer survey via the service have previously consented to the sending of the relevant e-mail. The registered user is responsible for obtaining such consent.
  • Trustify awards and Widgets may not be modified in any way and, if the function exists, must be linked to the associated profile. In addition, it is not permitted to make content available for retrieval on the websites in which one of the Trustify components above is integrated that is illegal or immoral, discriminatory, racist, sexist, offensive, glorifies violence or pornographic.
  • Trustify Widgets may only be included on those websites of the registered user that offer goods and/or services that are the subject of the ratings shown in the Widgets.
  • The registered user has the possibility to request overall ratings from other platforms. Trustify provides this option only for selected platforms and will show the overall rating in the registered user's public profile page. It is possible that Trustify changes the overall rating for the Trustify rating scale. Trustify may also remove individual platforms entirely and permanently at any time and may also restrict the function and remove individual platforms for individual registered users. The registered user is also obliged to provide only platform profiles whose ratings also correspond to the business, service, company, person, product, etc. of his Trustify profile page. For certain platforms, we request user data of the registered user from the respective platform, sometimes require access and establish connections. This happens in each case with the consent of the registered user. We never request passwords. Corresponding platforms can cancel possible connections or revoke access for Trustify at any time.
  • Influenced, fake, bought reviews and reviews created by bots are contrary to Trustify's views and are strictly forbidden. Each user is obligated to immediately report the corresponding Trustify profile to Trustify if such ratings are detected or if there is a suspicion. Trustify is allowed to block and delete profiles temporarily or permanently for this reason at any time. Similarly, Trustify can obtain information about individual reviews and remove them without warning. Adding such reviews on other platforms and listing them on Trustify will also not be tolerated and may result in the blocking or deletion of the source or Trustify profile.

Regulations for reviews, the submission of reviews and other functions

Only those who have actually used the services of the registered user to a significant extent may be admitted to submit a review or be invited as part of a customer survey.

The following recommendations and guidelines should be followed. Otherwise, this may lead to the permanent deletion of a review or even all reviews of the rater.

  • Don't make up experiences or give reviews for other people - leave it to them to write their own review. And if you have a close relationship with a company, work for it, or are a competitor, don't rate it.
  • Keep proof of your experience with the company (e.g., a receipt, an order or purchase confirmation, a screenshot of your chat with online customer service) - you may be asked for this.
  • Advertising and promotional content or even solicitation (promote other businesses or products) is not allowed.
  • Ratings are publicly available. Accordingly, do not reveal any confidential or personal data. And it is not permitted under any conditions to include such information of other persons. This includes names, telephone numbers, addresses, email addresses and other information that could be used to locate, identify, contact or impersonate any person.
  • Try to keep reviews constructive, friendly and make sure your reviews are relevant. Constructive feedback is the best way to help a provider improve, which is the goal and not to cause them damage.
  • We expect users of our portal to treat each other with respect. Do not post harmful, inflammatory, discriminatory, defamatory or obscene content. And refrain from any lies, harassment, extortion attempts, threats and illegal activities.

For a review to become publicly visible, it must first be verified by the rater. This is normally done by an e-mail. It is also possible to configure for a Trustify profile whether new reviews should be directly visible or hidden. Accordingly, new and verified reviews may not be visible immediately. However, these already count to the total score of the respective Trustify profile after verification.

It is possible that not all ratings are displayed in a Trustify profile. The reasons for this are mostly: review of reviews, hidden reviews, unverified reviews which is considered as an invalid review, the Trustify profile has reached the maximum number of reviews for its plan, filter settings, etc.

A sent and verified rating can no longer be changed or deleted independently by the rater. The rater has to contact Trustify for this purpose. However, Trustify does not have to provide this.

Trustify does not, by default, verify the accuracy of the information and statements contained in reviews.

There is no right to rate, change or delete ratings and also no security and history for ratings (data backup and data tracing), although we are extremely concerned about data backup.

Personal Data & Privacy

We perform different types of processing of personal data in connection with the use of the website and Trustify services. The processing of personal data is carried out in compliance with our privacy policy, which can be accessed here: privacy policy.

By agreeing to these terms of use, you again explicitly confirm that you have read and accepted our privacy policy.

Intellectual Property

All intellectual property, including software, provided by Trustify remains the exclusive property of Trustify. Users are granted a non-exclusive license to use the software in accordance with these Terms of Use.

Users may not reproduce, distribute, or create derivative works based on Trustify's intellectual property without explicit permission. Unauthorized use may result in termination of access to our services.

Subscription and Payments

Trustify offers various subscription plans, each with its own set of features and pricing. Details of the available plans can be found on our website. Subscribers will be billed according to their chosen subscription plan and billing cycle (monthly or annually). We accept payments through bank transfer and credit card, and all prices are exclusive of applicable taxes.

Subscriptions will automatically renew unless canceled before the renewal date. Renewal charges will be processed using the payment method on file.

Subscribers can cancel their subscription at any time. Cancellations take effect at the end of the current billing cycle. Trustify does not offer refunds for partial subscription periods.

Trustify reserves the right to modify subscription plans, pricing, or features. Subscribers will be notified in advance of any changes, and continued use of our services after such modifications constitutes acceptance.

Trustify may terminate a subscription for violation of these Terms of Use.

Free trials are offered at Trustify's discretion. If a subscription is not canceled before the trial ends, the user will be automatically enrolled in the chosen subscription plan and billed accordingly.

Subscribers can upgrade or downgrade their subscription plans at any time. Upgrades will take effect immediately, while downgrades will be applied at the end of the current billing cycle.

Exclusion of liability

Trustify hereby releases itself from any liability to the fullest extent permitted by law. Following further details.

  • Website, content and services offered on the Website are provided on an "as is" basis ("ohne Mängelgewähr" in the Swiss law). We make no warranties as to the content or accuracy of the UGC or the Website and assume no liability for our own or any third party's deletion or blocking of the UGC. We may delete any content on the Website at any time in our sole discretion and without any liability. We expressly exclude any conditions, warranties and other terms otherwise granted by statute, common law or equity.
  • We have no obligation to review or monitor UGC posted on the site. Regardless, we may review, remove and edit the UGC at any time (including making it anonymous).
  • We are not liable for the content of the UGC. Our disclaimer applies to any UGC, including UGC that is edited by us. We are not liable for any links contained in the UGC to third-party websites, including the content of the website to which the UGC links.
  • Recommendations, reviews, comments, etc. regarding specific companies, services, e-business, etc. on the website are only guidelines. We are in no way liable for the content of the website. The use of Trustify is in all respects the sole responsibility of the users.
  • We are not liable for the availability of the website. Trustify is extremely concerned about data backup and data security, but we are also not liable for data loss. No matter how the data loss was caused.
  • In no event will we be liable for any damages arising from the use of the Website and Trustify services, including lost profits, loss of orders, loss of revenue, loss of earnings, loss of business, loss or corruption of data, recovery of data, loss of goodwill, security breaches caused by the failure of third party telecommunications services and/or the Internet, anticipated savings or revenues (whether direct, indirect or consequential), any loss or damage incurred in connection with liabilities to third parties (whether direct, indirect or consequential), or any indirect or consequential loss or damage of any kind.
  • Neither our liability for fraudulent misrepresentation or misstatement of material fact nor any other liability that cannot be excluded or limited under applicable law is limited or excluded by these Terms of Use.

Further terms of use

We may revise or modify these Terms of Use at any time without notice. We also reserve the right, in our sole discretion and without prior notice, to modify, redesign or discontinue the Website and Trustify services at any time. As a registered user, you agree to be bound by the then-current version of the Terms of Use. Any revisions or modifications to the Terms of Use will be posted on the site here. Registered users agree that by continuing to use the Website after the new version of the Terms of Use is posted, they consent to be governed by the modified Terms of Use.

If any provision of these Terms of Use is found to be illegal or invalid and therefore cannot be enforced, the validity and enforceability of the remainder of the Terms of Use shall not be affected.

In the event of disputes, Swiss law applies exclusively and the place of jurisdiction is Switzerland, Brig.

Brig-Glis, 10 September 2021