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Terms of Use

1. OUR ORGANIZATION

This Platform (https://www.swissimpactstore.com) is a web-based Platform (the “Platform”) operated by My Source Ltd (“we“, “our” or “us“), an organization governed by Swiss laws with its registered office at Rue des Fontenailles 13, 1007 Lausanne, registered under number: CHE- 438.548.082.

 

Via the Platform, we provide services which enable Customer (“Customer”; “you”) to buy goods from approved sellers (“Sellers”) who meet sustainability and environmental-friendly criteria.

 

These terms of use (“Terms of Use“) apply to the use of this Platform by Customers and Sellers, who qualify as authorized users. If you are a Seller, this includes your authorized employees and staff members (“User”, “you”, “your” or “yours”). Please read these Terms of Use before you start using the Platform.

 

Please also refer to our Privacy Policy  to understand how we process information about you.  If you do not want us to do so or if you do not agree with the terms as set out in this site, you should not use this platform.

 

If you have questions about these Terms of Use, please contact us at: [email protected].

 

 

2. WHO WE ARE AND WHO CAN ACCESS THIS PLATFORM

2.1  My Source Ltd (“we”, “us”, “our”) provides services (“Services”) in the form of a platform called “Swiss Impact Store” (“SIS” or “Platform”) which enables customers (“Customer”, “you”) to buy goods from sellers (“Seller”).

 

2.2 By acknowledging the terms, we conclude a Platform Agreement (“Agreement”) with you. When using the Platform, you as Customer or Seller, acknowledge and agree to the Terms of Use with us by ticking the box “Terms and Conditions” and clicking the registration button, when creating an account or when navigating on our Platform as a visitor or a Customer.

3. SERVICES

Account creation

 

When purchasing goods as a Customer or selling goods as a Seller, the use of our Services requires creating an account.  To sign up to an account, you must provide certain information. You are required to enter this information truthfully and update it whenever outdated. The registration process is complete after you have received a confirmation email.

 

After registering a user account, you are responsible for keeping your username and password confidential.  This means that you keep your password secret and do not allow any third-party access.  If you suspect misuse of your account, please inform us immediately by sending an email to: [email protected].

 

As a Customer, our Platform is provided to you by the SIS free of charge. As a Seller, you may access the Platform and all its features when contracting with us and subject to your professional membership subscription. You shall use the account for the purpose of selling the products that you own which requires subscription fees.

 

Compliance with the Terms of Use and other contract terms

 

When using the Platform, you shall: (i) comply with, and (ii) only use the Platform under, the Platform licence terms in accordance with these Terms of Use, the terms of the Agreement, including any attachment and related documentation, that we will enter with you and any other terms that are part of the Platform.

 

User’s obligation under these Terms of Use

 

Registered members of the Platform and Seller’s authorized member staff undertake to only send us information that is accurate, appropriate and lawful. This applies in the event of conflict resolution or litigation with an opposing party.

 

In addition, you undertake to use all necessary caution to limit as far as possible any transmission of information that is considered as sensitive or risky without lawful ground, to abide to the terms of your contract with SWISS IMPACT STORE or, where required, with third parties’ prior consent.

 

You undertake not to create profiles on behalf of third parties, false profiles, nor to put online links to third party sites or any content that would be illicit, inappropriate or contrary to morality. You may not use our services for commercial purposes (sale, resale, rental, transfer, etc. of our services to third parties) without our prior written consent.

 

Obligations and restrictions to the use of the Platform

 

By accessing and using our Platform, you shall:

In the event the SWISS IMPACT STORE considers for any reason that you or any authorized User of the Platform is not complying with these Terms of Use, SWISS IMPACT STORE may, at any time, and at its absolute discretion, close the account of the User, block his/her access to the Platform and take any other action against you, including any form of civil or criminal court action.

4. THIRD PARTY SERVICES AND ACCESS TO THE PLATFORM

By using our services, you agree to the use of third-party services under the terms of these platforms. In particular, the Platform operates via hosting providers exclusively located in Switzerland with industry standard best security practice. We also use auditors to help us with assessing potential professional requirements or certifications.

 

Where possible we will use our own developed tools or third party, whether on-premise or cloud based. We ensure that we use such services as far as possible only if they guarantee your privacy and the confidentiality of your data (personal and confidential).

 

If you want to know more about them you can contact us. You will get more information about how we respect your privacy on our Privacy Policy page.

 

5. FUNCTIONALITIES AND FEATURES OF THE PLATFORM

When using the Platform and accessing your user account, you may use the following features and functionalities:

 

Software

The feasibility to manage your store from Seller’s frontend panel. You don’t need to understand complex technical terms to be able to create and manage your store activities on the Platform.

 

Knowledge Base

You can find all the instructions for “How to” available on each Seller’s dashboard.

 

Store SEO

Sellers can configure their store social and SEO of their store individually by placing the appropriate keywords from frontend panel.

 

Live Chat

The Platform allows Customer-Seller spontaneous communication and helps to respond to the queries of the customer faster and drive more sales.

 

Support Ticket

Support Ticket System allows the Customer or the Seller to post their queries at one go. They simply have to choose the query category, the product or service they have queries about, and the urgency, and write down the query in detail. They will be issued a ticket and will be notified by email or panel when a reply is posted.

 

Ledger Book

Seller Ledger Book gives Sellers the easiest way to check all their store transactions – commission, withdrawal, refund, partial-refund and charges from the frontend.

 

Inquiry Manager

The Platform allows Customers to raise inquiry under each product. Sellers will be notified instantly for a new query and all previous enquiries will be also listed as FAQ.

 

The entire system is prompted in frontend dashbaord and it serves as a direct mechanism of communication between buyer and seller.

For more information, please refer to either your dashboard panel or to FAQs for Sellers.

6. DISCLAIMER OF WARRANTIES

The Platform is provided “as is”.  You use our Platform at your own risk.  The SWISS IMPACT STORE does not give any guarantee that the contents conform to the expectations of the user or that they shall reach a specific target they aim to.

 

We cannot guarantee the uninterrupted availability of our Platform, because we rely on telecommunications networks, which are beyond our control. We strive to minimize operational interruptions, e.g., due to maintenance of hardware or software.

7. LIMITATION OF LIABILITY

The SWISS IMPACT STORE shall only be liable for resulting damages in so far as they result from a breach of a contractual duty through wilful or grossly negligent behaviour by the SWISS IMPACT STORE, or its legal representatives or agents. In case the SWISS IMPACT STORE breaches any essential contractual obligations due to slight negligence, the SWISS IMPACT STORE’s liability shall be limited to the foreseeable contractual damages. An essential contractual obligation is an obligation the fulfilment of which is essential for the proper execution of the contract and the compliance with which the contractual partner regularly relies on and may rely on.

 

Any further liability for damages is excluded. The liability for culpable injury to life, body or health in accordance with statutory provisions shall remain unaffected.

8. COPYRIGHT AND RIGHTS OF USE

The content provided by the SWISS IMPACT STORE is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

9. EXCLUSION OF LIABILITY

The liability of SWISS IMPACT STORE is excluded for breaches of contract due to negligence. This also applies to breaches of contract by your auxiliary persons and substitutes.

 

SWISS IMPACT STORE is not liable for errors for which it is not responsible, in particular those that occur in the case of telecommunications operators, servers or other third-party providers such as social networks and online content distribution platforms. For platform maintenance reasons, the site may occasionally and temporarily be unavailable. Any site maintenance operation will be carried out, as far as possible, outside office hours and preferably during the weekend. As the Site is accessible from all over the world, maintenance will be carried out outside office hours in Switzerland. You are bound by the terms of use of the Site and are responsible for the content you submit to SWISS IMPACT STORE. Under no circumstances can we be held liable for any breach or violation of intellectual property rights or for damage caused to third parties.

 

You will compensate us for any amount claimed by a third party due to behaviour attributable to you, whether direct or indirect damage. As our referencing on search engines (Google, Yahoo, Bing, etc.) and social networks is carried out automatically, SWISS IMPACT STORE cannot guarantee or exercise any referencing control on these search engines and therefore does not incur any responsibility for positioning and visibility. SWISS IMPACT STORE is in no way responsible for the content of sites or external sources that refer to SWISS IMPACT STORE.

10. INDEMNIFICATION

To the extent permitted under applicable law, you agree to indemnify and hold harmless the SWISS IMPACT STORE, its directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your, your directors’, officers’, employees’ and agents’ violation of these Terms of Use.

11. NOTIFICATION FOR ILLICIT OR INAPPROPRIATE CONTENT

If you believe that any content infringes your rights or the rights of third parties, please inform us immediately so that we can examine your request and, if necessary, take appropriate measures to put an end to any infringement.

 

You can report any infringement to your rights, or the rights of third parties, by sending us an e-mail at the following address: [email protected] as soon as possible.

By these Terms of Use, you waive any claim against us for any damage caused to you by a third party, whether or not a member of our platform. We reserve the right to immediately and without prior notice remove any content that may infringe the rights of third parties, including the blocking of accounts, and to inform the rightful owner, if necessary the competent authorities, when such an obligation is incumbent upon us.

12. CONFIDENTIAL INFORMATION

With respect to any and all information of a confidential nature which appears or which you provide on our Platform (whether or not marked as such) including but not limited to any and all information relating to our compounds or targets, business and financial information, software, know-how, ideas and methods and techniques used by us in our business (“Confidential Information”), you agree to keep the same confidential and not to disclose the Confidential Information to any third party except with the SWISS IMPACT STORE’s express written consent.

13. DATA PROTECTION AND PRIVACY

We respect your privacy. SWISS IMPACT STORE undertakes to use the information that the user provides only for the purpose of the services offered by the Platform and will allow access to the user’s data only to users of SWISS IMPACT STORE services or by third party services insofar as such access is necessary for the operation of the service, where permitted under these Terms of Use or with your prior permission. Where the services require the processing of personal data (personal information), please read our Privacy Policy for information about our processing activities and how we handle information that relates to you. We will explain to you what personal information we may collect if you are a visitor, a Customer, a Seller or a third party.

 

Under no circumstances do we sell or pass on your data to third parties in return for financial benefits. For more information, please refer to our privacy policy or contact us at this address if you have any questions: [email protected].

 

14. DURATION AND TERMINATION

These Terms of Use apply to the extent required for the Use of the Platform. As a Seller, these Terms of Use, may be subject to our General Terms of Purchase. These Terms of Use may terminate automatically, or the SWISS IMPACT STORE shall have the right to terminate/suspend them without notice, in the following events, such as when you:

 

You may terminate these Terms of Use, to the extent they apply to your use of our online ordering system, at any time by sending an email to [email protected] asking us to delete your account.  We will send you an email as we deleted your account. Sections 8 (Copyright and Rights of Use) and 12 (confidentiality) shall survive the termination of these Terms of Use.

 

Once you have terminated this Terms of Use, you are no longer allowed to use the SWISS IMPACT STORE’ online ordering system and Platform.

 

Please note that if your account is deleted, some limited information about you may still appear on the search engine of our Platform about you company or business. For more information about how we manage personal information, please read our Privacy Policy.

 

 

15. SEVERABILITY

If any provision in these Terms of Use is or becomes wholly or partly ineffective, this shall not affect the effectiveness of the remaining provisions. In the event of a provision being ineffective, the parties shall agree upon an effective provision that, insofar as legally possible, most closely reflect what the parities to these Terms of Use intended.  The same shall apply in the event of any omission in the contract.

16. CHANGES

The SWISS IMPACT STORE reserves the right, at its sole discretion, to amend and adapt these Terms of Use with effect for the future, provided such change is reasonable.  We indicate on our Platform that we revised the Terms of Use and, where possible, will inform you via email about those changes in time.  If you do not object to the applicability of the revised Terms of Use within six (6) weeks after receipt, the amended Terms of Use shall be deemed accepted by you.  We will inform you by email about the six-week period and your right to object as well as the legal consequences of remaining silent in an appropriate form at the beginning of the notice .

17. APPLICABLE LAW AND COMPETENT COURT FOR DISPUTE RESOLUTION

These Terms of Use and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Platform shall be governed by the laws of Switzerland, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

 

The Parties agree that any dispute arising out from these Terms of Use shall be brought against the exclusive Court of Lausanne, Switzerland.

18. CONTACT

If you have any questions or need support in connection with this Platform, please contact us at:

 

MY SOURCE LTD

Rue des Fontenailles 13

1007 Lausanne

Switzerland

Email: [email protected]

 

Last updated: 8 February 2021