StudList GTC v07

GENERAL TERMS AND CONDITIONS
1. Introduction
www.studlist.com (“StudList”) is an online marketplace that enables students to sell and offer products and services (“Product”)
to other students or any other third parties, and businesses to sell and offer Products to students. Students, businesses and third parties
using StudList are referred to “Users”.
StudList is operated by Halantahti OY
These general terms and conditions (“GTC”), as well as provisions contained outside of the terms of use speciﬁed as binding, govern
the rights and obligations associated with the use of the StudList website and the relationship between the Operator and Users
(the “Terms”). By visiting and using StudList, the User conﬁrms to consent to these GTC. StudList reserves the right to make amendments to these Terms at any time and publish the most recent version of them on StudList.
2. Independent Use – Legal Status of StudList
On StudList, Users may initiate and broker contracts among themselves autonomously and independently. Only the Users who
subsequently entered into a contract are subject to the obligations and rights stipulated therein. Performance of the contract is
the sole responsibility of the Users who entered into the contract.
The Operator is not a contractual party of contracts brokered between Users. The Operator, its representatives, employees and
agents are under no circumstances responsible for the risks associated with initiating and completing transactions and are under
no circumstances liable for any damage incurred as a result. The Operator, its representatives, employees and agents does not make
any representations and warranties with regard to the Products provided through the platform. The Operator, its representatives,
employees and agents are likewise not liable for the content of external websites linked to. The Operator is not responsible for
the content published on the marketplace by its Users and is not liable for any damages resulting from such information.
The Operator is not obligated, although is entitled, to monitor the behavior of Users in connection with use of the marketspace.
The Operator is in particular entitled to use any method to check the legality or permissibility in other respects of the ads, text and
images published by Users on the marketspace.
3. Users
Users have no entitlement to place ads, to use StudList or to use any services provided by the Operator. The Operator may at
any time ban a User, reject an ad, ban use or suspend a service.
Users that are registered as students with a university recognized by StudList can register on StudList as students (“Students”).
StudList can request all necessary information to verify that a User qualiﬁes as a Student, and may request such information
from time to time. The information generally requested is published on StudList.
Users that provide Products speciﬁcally tailored for Students can apply for a registration as a business (“Business”).
Users that use StudList but have not registered as Students or as Businesses may use StudList as deﬁned herein as guests (“Guests”).
Users (in case of a natural persons) must be at least 18 years old.
All data to be entered when registering and when placing an ad must always be complete and correct. When placing an ad for
a company, the name of the contact person and also the full company name must be entered. In the event of changes, Users
undertake to update the respective data immediately to ensure that the data is always complete and correct.
Please note that some data related to the ads on StudList is visible to other users. When collecting data, Users will be informed
of this and have the option to see a preview of the ad.
4. Ads
An ad is deﬁned as the publication of an independently designed presentation of an offer on StudList, as well as the offered
Product itself.
Users use ads to search for someone interested in the Product mentioned in the ad. The terms of sale or contract need not
be established in the ad. The ad merely serves to broker contact. Negotiating the terms and entering into an agreement take
place in direct contact between the Users and therefore outside of the StudList marketplace. The ad is therefore a no-obligation
basis for negotiations.
The Users have no entitlement to place ads on StudList. The Operator may reject any ad without mentioning a reason.
The ads that Users can post for free and ads that Users have to pay for are determined on StudList. Paid options are also mentioned
on StudList.
5. User’s Obligations
The User generally undertakes to
a) comply with the data protection policy of StudList;
b) to keep the personal passwords given to them by StudList upon signing up secret at all times and never disclose them to
third parties or make them available to third parties;
c) not to use any mechanisms, software or other scripts that could interfere with proper operation of the website;
d) not to take any actions that could result in an unreasonable or excessive burden on the StudList infrastructure;
e) not to block, overwrite or modify content generated by StudList or any other Users or partners of StudList, or in any other
way intervene on the StudList website in an intrusive manner;
f) not to infringe on any third-party intellectual property rights; the User warrants and represents that he has all the necessary
rights to publish his ads, texts and images on StudList in any form or communicated in any other way on the StudList website;
g) not to publish offensive, obscene, defamatory, harassing, slanderous, disparaging, defamatory, libellous material and
information.
6. Conditions to Place an Ad
The following conditions shall apply for the publication of ads on StudList:
a) The User complies with the instructions published on StudList;
b) The User has the necessary subscription or has paid the necessary price in accordance with the price list on StudList (if
applicable);
c) The information provided by the User are true and accurate;
d) The User may only offer products for which he or she is the rightful owner. That means in particular, without limitation,
that the User has the capacity and is authorized to transfer ownership and title completely and unencumbered to the buyer
within the scope of a sale or an exchange; that he/she is authorized to rent out property, that he/she is authorized to transfer
a right.
e) The User may only offer services that he/she is authorized to perform and that he/she has the necessary permits, authorizations,
knowledge and skills to perform.
f) Offering items, which, by being offered, sold, purchased, given away or used, could breach legal regulations or public policy, is
prohibited. StudList maintains a non-exhaustive, regularly updated list of banned items. Offering or soliciting these items without
the prior express consent of StudList is prohibited. Whether or not an item is on the list, StudList reserves the right to, at any time,
delete offers, as well as to notify the competent authorities or injured third parties.
g) The user is obligated to refrain from providing false, misleading and unfair information about the Product offered and
to provide details about payment and delivery in full. All known defects of the Product and its packaging must be mentioned.
This applies in particular to used products and products with damaged packaging as well. The User is must publish his/her
ad in a correct product category on StudList.
h) Ads, text and images published by a User on StudList in any manner and form (offer descriptions etc.) or communicated
in any other way on StudList may not contain any form of advertising for Products, which the user himself/herself is not
currently offering or will not be offering in the immediate future via StudList.
i) The information visible in an ad about a User or other information, which StudList transmits where applicable in connection
with ads, may only be used in connection with the corresponding ads; in particular, use of such information for advertising purposes
is prohibited. Using this information to send newsletters or disclosing it to third parties is also not permitted.
j) The User shall further comply with all the terms contained herein.
7.Products
In general, all Products may be traded on StudList, as long as they are not in breach of national or international laws,
the principle of good faith or StudList's principles. All Users have sole responsibility for their actions on StudList.
The Operator is authorized to ban certain products and groups of products from being offered on the marketplace at any
time at its own discretion without saying why. An overview can be found in the non-exhaustive, regularly updated general
list of banned items.
The Operator is authorized to delete individual ads as well as text and images on StudList at any time without giving notice
of such and without saying why. This applies in particular to ads created in an incorrect marketplace category, ads that are
obviously not made in earnest and text or images that could infringe on third-party rights. No claims may be asserted against
StudList on the basis of such deletions.
Without giving prior notice or saying why, the Operator is also authorized at any time to rename, divide up, combine, remove
or reinstate offer categories and correspondingly move relevant ads into another category or delete them.
8. Breach
The Operator is entitled to ban a User from using StudList at any time for objective reasons, in particular in the event of
noncompliance with the Terms, and the relevant User shall not have any claim against the Operator as a result. Without prior
consent from StudList, banned Users have no right to use the marketplace again, whether under their own or another name.
CHF 50 will be billed for breaches of these provisions.
In case that the Operator bans a User for a breach of the Terms in accordance with the previous paragraph, all Subscriptions shall forfeit and the User shall not receive any refund.
The Operator is authorized to warn a User, when there is credible, concrete evidence, that said User has breached the Terms.
The Operator is in particular authorized to warn a User, when there is credible, concrete evidence, that the User has wilfully
breached his/her obligations to another User.
9. Account deactivation
Student accounts will automatically be deactivated three months after the end date of the document provided by the Student
to prove that he qualiﬁes as a Student in accordance with these terms (such as the end date of the university student card).
Business accounts will automatically be deactivated three months after the end of the last subscription.
10. Mobile devices
StudList can provide its Users with access to StudList and to its services via mobile devices or other devices. However, StudList
reserves the right to exclude certain content, services and functionalities, which are only displayed on StudList. StudList has the
right to technically edit and adapt user ads and content in such a way that they can be displayed on mobile devices as well. Users
are aware that the way the ads are displayed on mobile devices may differ from the website.
11. Warranty and Limitation of Liability
The Operator is only liable for direct damages caused by its gross negligence or willful intent. Any other liability is excluded.
StudList may be temporarily unavailable or temporarily only partially available due to maintenance work or other reasons,
and the User shall not have any claim against the Operator as a result. The Operator shall further not be liable for any conduct
of another User with regard to the use or the misuse of StudList.
The Operator has not obligation to check the ads and the information published on the StudList and assumes no responsibility
for the content placed on StudList by the Users, including:
the truthfulness and otherwise correctness of ads;
the quality, security, legality or availability of any Products offered;
the capacity, authorization and will of the User with respect to offering, purchase, delivery, payment or other types of
contract performance.
The Operator makes no warranty with respect to whether the content of websites linked to on StudList are up to date, correct,
legal, complete and in compliance with quality standards, and any liability in this context is excluded.
12. Indemniﬁcation
In the event that other Users or third parties assert claims against the Operator due to infringement of their rights by an
ad published by a User or its content or due to some other use of StudList by the User, this User shall indemnify the Operator
from all claims and damages, including court costs and attorneys' fees.
13. Miscellaneous
The Operator reserves the right to transfer some or all of the rights and obligations under these GTC to a third party or to
have them performed by a third party.
The right to place ads as well as all rights and obligations of current or former Users vis-a-vis the Operator may not be
transferred by the User.
In the event that individual provisions of these GTC are invalid and/or null and void in full or in part, this shall not affect
the validity and/or applicability of the other provisions or parts of such provisions. The invalid and/or null and void provisions
shall be replaced by legally valid provisions that reﬂect the commercial meaning and intention of the invalid and/or null and
void provisions as closely as possible.
14. Applicable Law and Jurisdiction
All disputes between the Operator and a User (or former User) in connection with the use of StudList are subject to
Swiss law.
The exclusive legal venue is Bern, Switzerland, to the extent legally permissible.

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