Terms of use

1. Applicability

The subsequent terms of use govern the contractual relation of the markecy Ltd. Liab. Co (subsequently referred to as „markecy“) and the customer of the domains of roomtake (www.roomtake.com, www.roomtake.ch) as well as the corresponding subpages and partner pages.

With the use of the offered services of markecy, the user complies with the terms of use of markecy. If there is no accordance, the customer is not permitted to use the content of markecy, also if the customer is only retrieving data of the mediation platform.

Should the customer employ his own terms and conditions, these are not applicable to the relationship to markecy or other relevant parties. By ordering services from the markecy website, the buyer expressly recognises that only the terms and conditions of markecy and the relevant third party supplier(s) apply.

1.1 Object of agreement

The markecy Ltd. Liab. Co, Bächiweg 10a, 3626 Hünibach, Switzerland, operates a platform for the mediation of flat shares under the trading name „roomtake“.

The use of the provided services of markecy is only allowed for private persons of age, who want to lease or rent a room in a flat share.

1.2 Role of markecy

markecy acts exclusively as intermediary for the services listed on the website. The customer is responsible for his uploaded data and information.

2. Costs

The use of markecy underlies the principle „Pay What You Want“ – everyone is free to pay what he perceives as a fair amount. Thereby it is also possible to pay nothing at all. Payments can be made either by text message or by bank transfers.

There are no hidden costs. The payment of a donation amount is voluntary.

In case the costs will not be covered, we reserve the right to establish fix prices on roomtake.

3. Customer rights and obligations

3.1 Customer account

In order to claim all the services of markecy, the customer has to open an account. The customer pledges himself to indicate all data truthfully. It is not allowed to open an account under a nickname or with another than the real name. Furthermore it is prohibited to open multiple accounts. The customer is obliged to keep the indicated data up to date (e.g. address changes).

The customer expressly undertake to take every precaution to avoid making their customer account accessible to a third party and to inform markecy immediately in case of any misuse of their account. The customer recognises the Terms and Conditions and data protection conditions as forming part of the contract in every use.

markecy will send all correspondence etc to the email address and postal address provided in the customer account, or contact the customer on the telephone number given in the customer account. The customer is solely responsible for incorrect or incomplete information. markecy is not obliged to verify the customer’s information.

3.2 Published data and liability

The customer is responsible for the published data towards third parties and markecy. The customer confirms to be entitled for the publication of his directly or indirectly published data and accepts the terms of use.

It is not allowed to publish phone numbers, e-mail addresses or links in the advertisements.

If markecy gets prosecuted due to published data of the customer, the customer has to bear all costs / damages resulting from this, has to respond to all obligations, amongst others to attend the trail in case of legal proceedings and to provide all relevant documents and information from the approach by markecy.

The customer accepts that personal data can possibly be filtered from search engines as it is impossible for markecy to prevent this.

3.3 Dealing with other customers

The customer commits himself not to contact other customers with illegitimate and immoral motives. This includes amongst others fraud, (sexual) harassment or racist insult.

Furthermore, the transmission of advertising as well as spaming are not allowed. Violations will lead to an immediate lock of the roomtake account and can cause possible claims for compensation.

3.4 Activities against markecy

All activities that have the purpose of damaging the function, impairing the image or complicating the use of markecy / roomtake, will be prosecuted.

4. Legal reservation of markecy

markecy reserve all the rights to intellectual property and copyright. Furthermore, markecy is allowed to reject, block or partly block advertisements without giving any reason and at full discretion.

Customers, who commit general offences or offences described in points 3.3 and 3.4, will be prosecuted.

5. Data protection

The information given by customers is saved by markecy and used for the correct handling of the use. It is possible this data or parts of it may need to be passed to partners. Statutory conditions or regulatory orders may require markecy or the payment service provider to disclose data to the authorities. markecy and the event organiser etc reserve the right to pass the data to the authorities etc in the pursuit of legitimate interests. See also our data privacy statement.

6. Conditions of liability

6.1 Liability of markecy markecy

strives to process and fulfil a request in the correct manner. No liability is accepted for minor negligence. markecy is not the contractual partner for mediating flat shares. Therefore markecy is under no legal title responsible for published data and pictures from customers. markecy bears no duty of compensation for damage to people or property or financial losses or other demands in relation to the mediation of flat shares. This condition of liability applies equally to all other services use from markecy. The liability exclusions and limitations likewise include payments of rents or deposits, loss of profits, indirect and consequential damages, punitive damages and other forms of compensation. Non-contractual (delictual) liability is according to applicable statutory conditions. The advanced liability limitations and exclusions take precedence over statutory conditions as far as is legally permitted.

6.2 Liability related to internet usage

6.2.1 Disclaimer related to use oft he markecy websites and related services

markecy strives to ensure the information provided on its website is complete, up to date and accurate. At the same time, markecy cannot be held liable for the accuracy, completeness or currency of the information or the correct transmission of emails and other correspondence. markecy is not liable under any legal title for damages of any kind or other adverse effects which result from use of the markecy website. markecy does not guarantee an error-free or uninterrupted delivery of the markecy internet service, or accept any liability there for. markecy cannot rule out illegal intrusions into the computer system or an abusive use of the data provided by customers by unauthorised persons and thus accepts no liability for any ensuing damages. Additionally, markecy accepts no liability for damage to the customer’s computer system through using the markecy website and in particular is not liable for damage which may be caused to the customer’s computer system by malicious programmes like for example viruses, worms and Trojan horses etc. The customer uses their hardware (including printer), software and telecommunication equipment for the use of markecy’ services at their own expense and risk. The customer acknowledges that markecy is not obliged to support particular software or operating systems or to maintain their support in the future.

6.2.2 Links

Links contained on the markecy website are included purely for customers’ information. No liability is accepted for the content or correct functioning etc of linked websites.

7 Copyright, intellectual property rights and right of use of the markecy website

All the content of the markecy website is protected by copyright and belongs, unless others stated, exclusively and entirely to markecy. The markecy websites may contain references to third parties’ intellectual property and rights of use, which should be noted. The (complete or partial) reproduction, broadcast, distribution (electronically or by other means), modification, linking or use of the markecy website for public or commercial purposes is forbidden without prior written agreement.

8. Changes to the terms of use

markecy reserves the right to adapt and change these terms of use at any time. The terms of use which are agreed to at the time of use are binding.

9. Salvatore clause

Should one or more provisions in these terms of use be or become ineffective or unenforceable, whether fully or in part, the effectiveness or enforceability of the remaining points in these terms of use and the purchase of the ticket remain unaffected. In this instance the parties will replace the ineffective or unenforceable provision with the effective or enforceable provision which most closely relates to the economic purpose of the point being replaced. The same applies should these terms of use contain a gap in the regulations.

10. Choice of la wand jurisdiction

10.1 Law

markecy is subject to Swiss law only. Mandatory, contractually inalterable conditions in statutory and international agreements shall remain reserved.

10.2 Jurisdiction

Hünibach, Switzerland, is the sole place of jurisdiction. Mandatory, contractually inalterable conditions in statutory and international agreements shall remain reserved. Should any dispute arise from the interpretation of this document, the original German version is binding.

markecy GmbH, CH-3626 Hünibach, Schweiz (01.08.2015)