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Terms and Conditions of Use – Swisscom Marketplace

1 General

The Terms and Conditions of Use of Swisscom Marketplace («Marketplace») of Swisscom (Switzerland) Ltd («Swisscom») apply to all services and functions available on the Market-place platform. The individual applications are subject to ad-ditional terms and conditions of use. In the event of contra-dictions, the specific terms and conditions of use of the respective application shall have priority over the Terms and Conditions of Use of this platform.By accessing the Marketplace, the user acknowledges and ac-cepts the following Terms and Conditions of Use. If the user does not agree to the following Terms and Conditions of Use, the user shall refrain from accessing the Marketplace.

2 Marketplace platform

The Marketplace is a platform for the sale of business appli-cations of Swisscom and third-party providers. When pur-chasing a business application of a third-party provider, the contract comes into existence between the user and the third-party provider.The portal is designated exclusively for companies and per-sons in Switzerland (users). The Marketplace is not intended for use by persons and com-panies that are subject to a legal system that prohibits access to the Marketplace (due to the nationality or domicile of the respective person, the domicile of the company or other rea-sons). Persons and companies subject to such restrictions are not permitted to access the Marketplace.

3 Swisscom services

3.1 General

The Marketplace enables the user to access and purchase ap-plications and administer them. The specific application de-scriptions provide information on the features of the individ-ual business applications on the Marketplace.The user cannot demand access to the Marketplace or to the individual business applications. Swisscom may engage third parties for the performance.

3.2 Maintenance

Swisscom takes care of the maintenance of the Marketplace. It rectifies faults in its sphere of influence during operating hours. Swisscom may interrupt or limit the operation for the purpose of rectifying faults, performing maintenance work, updating software, etc. Swisscom may engage third parties in Switzerland and abroad for the maintenance work.

3.3 Support

Help for the Marketplace and business applications is availa-ble at http://www.swisscom.ch/marketplacehelp

3.4 Term

Swisscom may discontinue the Marketplace at any time. Swisscom and the third-party providers may remove their business applications from the offer.

4 Obligations of the user

4.1 Registration

To purchase a business application, the user needs to sign up at the Marketplace.

4.2 Customer rating

The user permits Swisscom to use his ratings and comments for promotional purposes. Swisscom shall be free to decide to exclude or remove comments from publication for reasons not specified here.

4.3 Payment

In many cases, business applications are payable. For this, the user has various payment options. Swisscom collects pay-ments for third-party services. The incurred costs may be debited to the NATEL® bill in the case of subscriptions or directly to the credit in the case of prepaid products (e.g. NATEL® Easy). The data volume incurred when using the mobile Internet will be either deducted from the volume included in the user�s surf subscription or deb-ited to the bill or credit.

4.4 Access data

The user shall keep passwords, identification codes, login data, etc. safely and shall not make them accessible to any-body.

4.5 Legally and contractually compliant use

The user shall be responsible for the legally and contractually compliant use of the business applications.In the event of indications of conduct in breach of law or con-tract, Swisscom may request the user to engage in legally and contractually compliant use, change, limit or block its perfor-mance without prior notice and without any compensation,

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cancel the contract with immediate effect and without any compensation and, if necessary, assert damages and indem-nification against third-party claims.

5 Data protection

5.1 General

Swisscom handles data in compliance with applicable laws, especially telecommunications and data protection laws.Swisscom only collects, stores and processes data needed for the provision and management of business applications on the Marketplace, for processing purposes, for the security of the operation and infrastructure and for billing.The mobile telephone number (MSISDN) and all other contact details of the user may be forwarded to the respective third-party provider for the purpose of obtaining specific services from such.Additionally, the Privacy Policy of Swisscom applies with re-spect to data protection (www.swisscom.ch/rechtliches).

5.2 Data access

The data of the user are stored in Swisscom data centres in Switzerland. Access from abroad may take place by partner companies for support and maintenance purposes. Swisscom ensures that engaged partner companies are committed to data protection in the same way as Swisscom itself. Swisscom imposes an obligation upon partner companies to process data only in the same way as Swisscom would be permitted to do and only forwards data that are required for the fulfil-ment of the order to third parties for processing.

6 Intellectual property

During the term of use granted by Swisscom or a third-party provider, the user is granted the non-transferable, non-exclu-sive right to use the respective business application. The business applications are protected by copyright. Copies shall not be created. Moreover, sublicenses shall not be granted and rights shall not be transferred to third parties in any way, unless the licence terms of the respective third-party provider expressly provide for this. Trademarks of any licen-sors shall not be used. If the third-party provider grants li-cences of a different scope under his terms, the terms of the third-party provider shall have priority over these terms.

7 Limitations of use/warranty

7.1 Availability

Users cannot demand access to the Business Marketplace.Though Swisscom endeavours to ensure high availability, it cannot guarantee flawless operation or certain transaction

or transmission times or capacities. Swisscom does not make any assurances and does not provide any guarantees either expressed or implied. Access to the Business Marketplace is provided «as is». The use may be limited especially when ac-cessing from abroad (roaming) or due to the functionality of the terminal used. Swisscom takes precautions in order to protect its network from third-party manipulation. However, it cannot guarantee full protection of the network infrastructure.Swisscom is not responsible for business applications that third parties make available at the Marketplace, even if it spe-cifically draws attention to such offers. The user accepts the terms of the respective third-party provider for business ap-plications procured via the Business Marketplace. At the Mar-ketplace, the third-party provider informs the user of his terms and conditions of service (including any warranty and liability claims). The user shall assert any existing warranty or liability claims directly against the third-party provider. Within the scope permissible by law, Swisscom excludes any and all warranty for business applications procured via the Market-place.

7.2 Contents

Swisscom cannot assume any responsibility for the correct-ness, completeness, up-to-dateness, lawfulness, suitability and availability of information that is created by third-party providers or accessible at third parties.

8 Liability of Swisscom

8.1 General liability provisions

The liability of Swisscom and third-party companies cooper-ating with Swisscom for damage due to slight and medium negligence is disclaimed. The liability of Swisscom and third-party companies cooper-ating with Swisscom for consequential damage, lost profit, loss of data or damage due to downloads is excluded in any case, provided this is permissible by law. Moreover, Swisscom shall not be liable for damage due to use of its products and services in breach of law or contract.Swisscom disclaims any and all liability for business applica-tions of third-party providers that are procured via the Busi-ness Marketplace.

8.2 Force majeure

Swisscom and the third parties cooperating with Swisscom shall not be liable if the performance is temporarily inter-rupted, fully or partially limited or impossible due to force majeure. Force majeure includes but is not limited to power failures and appearance of malware (e.g. virus infection).

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9 Changes

Swisscom reserves the right to change or adjust the Market-place and/or the user interface, the offer made available on the Marketplace, the price structure and the General Terms and Conditions of Use or specific terms and conditions of use at any time.Swisscom will duly inform the customer of any changes. As the latest version of these Terms and Conditions shall apply, users are advised to consult them periodically.

10 Jurisdiction and applicable law

The contract is governed exclusively by the laws of Switzer-land. The courts of Berne, Switzerland, shall have exclusive jurisdiction. Other courts may mandatorily have jurisdiction (see especially Art. 32 and 35 of the Civil Procedure Code (CPC) for consumers).