1 INTRODUCTION
1.1
These are the Customer Terms and Conditions of Callyandi GmbH (“we”, “us”, “our”) for purchase and use of the services “Home Attendant”, “Home Nanny” and “Home Help”. Apart from this document they also incorporate our Privacy Policy and the Website Terms and Conditions. Together they govern your access to and use of our Services as defined below. It is only upon these Customer Terms and Conditions that we will make the Services available to you.
1.2
These Customer Terms and Conditions constitute the entire understanding between the parties. Where there have pre-existed such between you and us, they replace all earlier agreements, arrangements, representations and understandings relating to the subject matter of these Customer Terms and Conditions. The only exception is, where anything in these Customer Terms and Conditions might in any way exclude or limit either party’s liability for any fraudulent misrepresentation or concealment.
1.3
Every now and then, we may amend or alter these Customer Terms and Conditions. This can only be done by an explicit variation in written form by us. No other action on our part (whether affording you access to the Service or otherwise) shall be understood as an acceptance of any other terms or conditions.
2 OUR SERVICES
The Services consist of a wide range of house keeping and child-care services as described on and at the rates listed on our websites www.home-attendant.ch, www.home-nanny.ch and www.home-help.ch (“the Websites”), and/or other services and products that we may offer on occasions.
3 REGISTRATION
3.1 To register for the use of our Services you must be eighteen or older.
3.2 Please read the Privacy Policy carefully in conjunction with these Customer Terms and Conditions before you register. The Privacy Policy sets out the purposes for which we may use the information gathered when you register.
3.3 It is your responsibility to ensure that the information provided by you, including postal address and/or fax number and/or email address, on registration or at any time is correct and complete. Any changes to your personal details must be communicated to us as soon as possible.
3.4 We may at our sole discretion reject any potential customer without any obligation to provide a reason for doing so.
4 ACCEPTANCE OF TERMS
4.1
You can register to use our services through the Websites or directly by phone. In either case you will be asked to accept these Customer Terms and Conditions. Doing so is requsite for the conclusion of any contract between you and us.
4.2
Using a voucher for free use of the services that you were given by us or an authorised third party will constitute your acceptance of these Customer Terms and Conditions as far as they apply for the free use.
5 SECURE USE OF SERVICES
If you purchase our services through our websites or via telefone you may be asked by email or phonecall to confirm your order. This helps us to prevent misuse of the service.
6 CHARGES AND PAYMENT
6.1
The rates of services for standard products as well as the rates per service hour four each service cathegory are listed on the Websites. Appart from the standard products, the price of a service always depends on the amount of time needed and can only be fixed after discussing details by telephon or after sending an employee to gain an impression of the situation.
We reserve the right to change both rates at any time and at our sole an absolute discretion.
6.2
After ordering our service via the websites, via phone call or by talking in person to one of our employees, you will be sent a confirmation and an invoice according to you your order. It is only after receiving your payment that your order will become binding for us.
6.3
Further ways of payment may be approved by us on occasions.
6.4
We provide special discounts for the customers of our partner companies. These discounts will be communicated on the websites, as well as by the partner companies directly. In case of any difference between the prices / discounts communicated by us and by our partner companies, only the prices / discounts communicated by us are binding for us.
7 OUR LIABILITY TO YOU
7.1
Carrying out the services in a proper way requires adequate instruction and information about all risks, important facts, local conditions and circumstances. It is your obligation to provide this instruction and information to us.
We thus can only be made liable for any damage, loss or any financially or otherwise negative consequences where adequate instruction and information given by you or or an authorised third party have been ignored by us by gross negligence or willful misconduct.
7.2
Not in any case Callyandi will accept any liability in contract, tort, negligence or otherwise for any economic loss or for any indirect or consequential losses, were they foreseeable or not, obligatory law reserved.
7.3
Subject to any express provision to the contrary in these Customer Terms and Conditions, our aggregate liability in connection with the provision of the Services shall be limited to a maximum of CHF 20’000.-.
7.4
You acknowledge that, in accepting these Customer Terms and Conditions, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded, obligatory law reserved.