1 Scope of Application
1.1 stiftungschweiz.ch is an online exchange and information platform for the Swiss philanthropy and nonprofit sector. stiftungschweiz.ch brings together all individuals and organisations interested in this sector.
1.2 This user agreement governs the contractual relationship between Philanthropy Services AG, Basel («PhilServe»), the operator of the online platform www.stiftungschweiz.ch (hereinafter «stiftungschweiz.ch») and the users of this platform. By using stiftungschweiz.ch in any way, users expressly agree to the present user agreement.
1.4 If and insofar as «stiftungschweiz.ch» is referred to below, this also includes parts thereof and all other applications that contain the name stiftungschweiz in their domain (for example foundation/stiftungschweiz.ch or donations/stiftungschweiz.ch).
1.5 Insofar as the term «user» is used in the following, this refers to both legal entities and natural persons of all genders.
2.1 Users of stiftungschweiz.ch may be both natural persons and legal entities.
2.2 Foundations acc. Art. 80 et seq. of the Swiss Civil Code are automatically recorded and published on stiftungschweiz.ch with their publicly accessible information based on the publications in the SOGC («basic information»). Foundations can supplement this basic information with further information about their organisation and activities («additional information») via user accounts, which must be specially authorised by PhilServe for this purpose.
2.3 Other organisations entered in the commercial register can also be recorded and published on stiftungschweiz.ch in this way.
2.4 In addition, users can also enter legal entities on stiftungschweiz.ch that are not entered in the commercial register (for example associations) or that are entered in the commercial register but are not automatically recorded by stiftungschweiz.ch.
3.1 There is no entitlement to registration with stiftungschweiz.ch. PhilServe may permanently or temporarily refuse or subsequently cancel a registration at any time and without stating reasons, irrespective of the purpose for which the user wishes to register or has registered. This shall also apply if the user has opted for paid use and has paid for this in full or only in part or if the user uses the platform in the areas free of charge.
3.2 A rejection or exclusion is possible in particular if a user violates applicable law with his behaviour or does not comply with the specifications of the present user agreement.
3.3 A prior threat of exclusion is not required.
4.1 The contents and associated services on stiftungschweiz.ch are created either by PhilServe or by third parties. The existence and scope of these contents and services may be changed by PhilServe at any time, in whole or in part, without the user being able to assert claims of any kind against PhilServe as a result (in particular no price reduction as a result of a reduction in performance or change in performance).
4.2 All users may use the contents on stiftungschweiz.ch free of charge and/or without registration to the extent freely determined by PhilServe. If registration is required for the use of certain contents of stiftungschweiz.ch or if such registration is associated with costs, this shall be specifically indicated to the user in advance so that they are free to decide whether or not they wish to obtain the contents under this condition.
4.3 Insofar as PhilServe offers users the possibility of posting their own content on stiftungschweiz.ch (for example organisation and project descriptions, annual reports, photos/films, comments, information about other users, etc.), the posting user is responsible for this themselves and guarantees to have the necessary rights of use, in particular the rights of those organisations for which they are acting. There is no entitlement to the publication of certain content.
4.4 The user must also ensure that the content published on stiftungschweiz.ch does not infringe the rights of third parties in general and does not violate applicable law. Among other things, the user must ensure that no content glorifying violence, racist, insulting or pornographic content is posted or that no other users or third parties can be harmed. Extreme restraint and respect for dissenters is required on issues of worldview and religious or political convictions.
4.5 In the event of an infringement of third party rights or applicable legal provisions by the user and any legal action against PhilServe for this reason, the user shall indemnify PhilServe against all claims and also bear the costs of the necessary legal defence.
4.6 PhilServe may at any time and without giving reasons permanently or temporarily reject or subsequently reverse a publication of content by the user themselves. Content may be removed in particular if it does not fit thematically with the profile of stiftungschweiz.ch or if a breach of this user agreement or of legal provisions is to be assumed. No reasons need to be given for the rejection.
4.7 By posting content of any kind (texts, photos, videos, illustrations, etc.), the user grants PhilServe a comprehensive, temporally and spatially unrestricted, free and freely transferable right of use to this content for themselves and for the organisation for which they are acting, in particular for the purposes of statistical surveys, research into the philanthropy sector and the Swiss foundation landscape, the operation of stiftungschweiz.ch with all its functionalities and the promotion of stiftungschweiz.ch and all its content in the online and print areas. PhilServe reserves the right to change, edit, shorten and save the content, taking into account the original meaning. Excluded from this is all information that the user has expressly designated as private (for example, privately posted project portraits).
5.1 The contents of stiftungschweiz.ch shall be made available to the user in the form of offers resp. offer packages. These are based on the different roles in the philanthropy sector. Offers are individual contents (e.g. lists), offer packages are a combination of different contents (e.g. publication of organisation and project portraits).
5.2 The offers and offer packages are compiled by Philserve at its own discretion and may be changed and adjusted at any time, including during the period of validity of use of such an offer resp. offer package by the user.
5.3 PhilServe also freely decides which offers and offer packages are accessible with or without registration and which can be obtained free of charge or subject to a charge. PhilServe may also change such a decision and allocation at any time. There is no entitlement to registration-free and/or free use of offers and offer packages from stiftungschweiz.ch, even if such use has already taken place.
6.1 If the subscription to an offer or offer package is designed for a specific period of time, these are provided to the user within the framework of subscriptions. The contract period and notice period specified in the respective subscription apply and, if not free of charge, the associated costs (fees).
6.2 The contract period of the fee-based subscriptions is automatically extended by a further contract period from the day of the first activation if the subscription has not been cancelled in advance in due time by e-mail or letter. Termination after expiry of the respective notice period is no longer possible. Such a cancellation is automatically assumed to be a cancellation for the following subscription period.
6.3 If the user changes the existing subscription to a subscription of a higher price level of their own accord during an ongoing contract period, the contract period shall begin anew as of this new contract conclusion and the previous subscription shall expire early as of this date without entitlement to a refund of any unused subscription fees. In special cases, PhilServe may credit all or part of the fee already paid for the previous subscription against the payment of the fee for the replacing subscription.
6.4 If a user renews their subscription under a special offer of PhilServe before its expiry (e.g. already in the 10th month without waiting for the automatic renewal from the 12th month), this renewal shall, subject to special agreements, start from the expiry date of the still existing subscription, this irrespective of whether or not a change of the subscription type is also made at the same time as the renewal.
6.5 Any increase in a subscription fee must be notified by PhilServe to the user by e-mail or letter at least 40 days before the expiry of the notice period for current contracts. This communication may also take place in general form through pop-ups or e-newsletters, or through an advertisement on stiftungschweiz.ch (e.g. on the user’s dashboard). In the absence of termination by the user within the next possible period, this new fee shall automatically apply to the renewing subsequent contract.
6.6 If a user who has taken out a subscription is permanently excluded by PhilServe from using stiftungschweiz.ch prematurely for any reason during the term of the contract, any fee already paid will not be refunded. PhilServe will waive the fee for any outstanding balance of the year. A temporary exclusion from the use of stiftungschweiz.ch by PhilServe does not entitle the user to a reduction of a contract fee.
7 Means of Payment, Default
7.1 Offers and offer packages subject to a charge must be paid for using one of the means of payment provided on stiftungschweiz.ch.
7.2 If payment is made by invoice, a payment period of 30 days must be observed.
7.3 If a user defaults on payment, PhilServe may block access to the platform at any time without prior notice. Any loss of data shall be borne by the user. The blocking does not release the user from the obligation to pay the agreed price. This remains expressly owed. If a subsequent resp. delayed payment is made and then the activation is renewed, the further contract period is based on the original activation date.
8.1 For the free use of offers subject to a charge resp. offer packages subject to a charge by stiftungschweiz.ch, certain bonus credits («Bonus Credits») may be made available to the user. These credits are reduced by using stiftungschweiz.ch. The allocation of a number or type of bonus credits to a type of use or to certain offers resp. stiftungschweiz.ch offer packages lies with PhilServe. The subject matter and extent of the use of such free credits may be changed by PhilServe at any time. Such a change also applies to credits already taken. The user has no claim to a specific type of use of stiftungschweiz.ch through free credits. Unused credits from this free credit expire automatically after the period specified by PhilServe, but in the case of paid subscriptions at the latest when the subscription is terminated or the user’s registration is deleted for any reason.
8.2 Certain fee-based offers and offer packages from stiftungschweiz.ch may be offered via payment credits. These credits are purchased by the user and are reduced by the corresponding use of stiftungschweiz.ch. The allocation of a number or type of purchased credits to a type of use of stiftungschweiz.ch lies with PhilServe. The value of the paid credits and the subject and scope of their use may be changed by PhilServe at any time. Such a change also applies to payment credits already drawn. The user has no claim to a specific type of use of stiftungschweiz.ch through purchased credits. Purchased credits remain valid for the duration of the user’s registration with stiftungschweiz.ch, unless a different duration is specified by PhilServe as part of a specific promotion. Unused purchased credits expire after their validity has expired, in any case after the user’s registration with stiftungschweiz.ch has been deleted. They are not paid out and cannot be transferred to other users.
9 Transfer of a Donation
9.1 Via stiftungschweiz.ch, a user (natural person and legal entity capable of acting, «donor») can donate amounts of up to CHF 3’000.00 per year quickly and easily to a donation recipient of their choice.
9.2 A user who wishes to make a donation payment to a donation recipient (foundation, association, etc.) via stiftungschweiz.ch must first complete the donor form on stiftungschweiz.ch fully and truthfully. In doing so, the donor must provide the following information: first name and surname, date of birth, e-mail address, donation amount (in CHF), indication of the payment method, indication of the donation recipient, indication of whether or not PhilServe may disclose his or her identity (first name and surname) and e-mail address to the donation recipient.
9.3 The user (donor) shall then receive a request for payment from PhilServe on stiftungschweiz.ch. It provides the user (donor) with various subsequent payment instruments for a donation, such as VISA, MasterCard or Twint. PhilServe may make a change (addition, deletion or substitution) to these payment instruments at any time. This requires neither consent nor information of the user (donor) and/or the donation recipients.
9.4 After receiving the request for payment, the user (donor) transfers the donation amount to PhilServe’s settlement account.
9.5 After receiving the payment, PhilServe will check whether the user’s (donor’s) details in the donor form match the payment information.
9.6 In the event of discrepancies, PhilServe will request the user (donor) by e-mail or by means of a personal message on stiftungschweiz.ch to verify and, if necessary, correct the information in the donor form. The user (donor) is obliged to correct the information within 10 days of notification of the discrepancies. If they do not do so, PhilServe will not be able to process the donation payment and will transfer the donation amount back via the same payment method.
9.7 If the details match, PhilServe will confirm to the user (donor) by e-mail or by means of a personal message on stiftungschweiz.ch that their donation payment will be transferred on to the donation recipient without delay, in 60 days at the most, or – if this is not desired by the donation recipient or is not possible for other reasons – transferred back to them, i.e. to the user (donor) («donation confirmation»). The user (donor) can also be given a suggestion for a different use of the donation.
9.8 If the details match, PhilServe will notify the recipient of the donation of the payment (only the amount of the donation, not the identity of the donor) by e-mail, stating that the recipient of the donation can declare acceptance of this donation payment to PhilServe within 10 days by providing a valid account number. The donation recipient is free to accept or reject a donation payment without giving reasons.
9.9 If the recipient of the donation declares to PhilServe within 10 days that they accept the donation payment and provides a valid bank account number, PhilServe will transfer the entire donation amount to the recipient’s bank account within 30 days.
9.10 When the donation amount is transferred, PhilServe will also disclose the donor’s identity and e-mail address to the recipient of the donation, provided that the donor has agreed to this disclosure to PhilServe. If the donor wishes to remain anonymous, the personal data will not be passed on to the recipient of the donation.
9.11 If the recipient of the donation rejects the donation payment or does not declare acceptance of the donation payment in due time or by designating an invalid account number, PhilServe will return the donation amount to the user (donor).
9.12 If the recipient of the donation is registered on stiftungschweiz.ch with all the necessary details, a different, simplified payment procedure may be agreed with the recipient in individual cases. The rights of the user (donor) shall be preserved in any case.
9.13 After receiving a donation payment, the donation recipient is obliged to issue the user (donor) with a certificate of the donation payment received («donation certificate») for tax purposes, provided that the user has expressly requested this in the donation form. In order for the recipient of the donation to be able to send this donation receipt to the user (donor), PhilServe will provide the user’s (donor’s) first and last name as well as e-mail address and address. A user (donor) who wishes to remain anonymous cannot receive such a donation receipt.
9.14 For the user (donor), the transfer of a donation is free of charge. The possible delivery of the donation receipt by the donation recipients is also free of charge.
9.15 For the processing of the donation payment and the other services (mediation between donor and donation recipient), the donation recipient will pay a fee plus VAT to PhilServe. This is determined separately with each donation recipient. The amount due is to be transferred to the account to be designated by PhilServe within 30 days of receipt of the donation payment (receipt of payment on the account of the donation recipient) without deduction and excluding offsetting. After expiry of the payment deadline, the donation recipient is in default without a reminder.
9.16 The recipients of donations are solely responsible for the proper use of the donations received. PhilServe cannot accept any liability in this respect.
10 Copyright and Intellectual Property
10.1 All elements of stiftungschweiz.ch, in particular all copyright, trademark and other rights, belong exclusively and comprehensively to PhilServe. The elements can only be used for browsing purposes.
10.2 No part of stiftungschweiz.ch is designed in such a way as to grant a licence or right to use an image, a registered trademark or a logo. Saving or printing out individual pages and/or parts of stiftungschweiz.ch is permitted, provided that neither the copyright notices nor other legally protected designations are removed. Downloading or copying stiftungschweiz.ch or parts thereof does not transfer any rights whatsoever with regard to software or elements on stiftungschweiz.ch. The reproduction (in whole or in part), transmission (by electronic means or otherwise), modification, linking or use of stiftungschweiz.ch for public or commercial purposes is prohibited without the prior written consent of PhilServe. All property rights remain with the original rights holder. PhilServe reserves all rights with respect to all elements of the Platform.
10.3 The user is authorised to share certain content from stiftungschweiz.ch via social networks such as Facebook, WhatsApp, Instagram, Twitter and LinkedIn or via e-mail, if and to the extent that stiftungschweiz.ch has the corresponding buttons (social plug-ins). stiftungschweiz.ch shall also be entitled to the same unrestricted right with regard to content that the user publicly deposits resp. publishes on stiftungschweiz.ch For data protection issues in connection with these functionalities, the PhilServe data protection regulations apply.
10.4 When posting content and contributions by the user themselves, particular care must be taken to ensure that these do not infringe any third-party copyrights. It is expressly pointed out that licensed texts (such as articles from Wikipedia) may not be posted on stiftungschweiz.ch. The contents and contributions – insofar as foreign contents are taken up – are to be substantiated by the user with sources. The personal rights of third parties must be respected. If a user posts/publishes photos and/or film footage, they guarantee PhilServe that they have the necessary declarations of consent from the persons depicted and that they have all authorisations and rights to publish this photo resp. video on stiftungschweiz.ch and that these media may also be used publicly by stiftungschweiz.ch for promotional campaigns without restriction and without limitation.
10.5 In the event of an infringement of third party copyrights by the user and any legal action against PhilServe for this reason, the user shall indemnify PhilServe against all claims and also bear the costs of the necessary legal defence.
11 Security, System Interruption
11.1 PhilServe is entitled to take stiftungschweiz.ch or parts thereof out of operation at any time and without prior notice if this should be necessary for security reasons.
11.2 PhilServe will not be liable for any damage that may occur as a result of such a necessary system interruption.
11.3 The user is solely responsible for their technical access to stiftungschweiz.ch (internet provider as well as hardware and software required for the use of stiftungschweiz.ch) as well as for the necessary security measures on their end device (computer, telephone, smartphone, etc.) and the networks used.
11.4 In addition, the user is obliged to keep secret any login data (user name and password) for registration or login to stiftungschweiz.ch and to protect them from misuse by third parties. The user is responsible for any damage resulting from misuse.
12.1 PhilServe shall provide its services professionally, conscientiously and carefully and shall make every effort to ensure that the content published on stiftungschweiz.ch is correct and complete. However, it does not guarantee the accuracy, completeness or adequacy of the content.
13.1 PhilServe shall only be liable for its own intentional and grossly negligent conduct. Any further liability for damages in connection with access to stiftungschweiz.ch and the use of the platform is excluded – to the extent permitted by law – in particular for all direct or indirect damages caused by transmission errors, technical defects, technical faults, system overloads and system interruptions or other technical problems.
13.2 PhilServe is also excluded from any liability for damage due to force majeure. Force majeure shall be deemed to include, in particular, sovereign orders and coercive measures, unforeseeable system failures, interruptions to communication networks and other reasons for a temporary inability on the part of PhilServe to provide the service.
13.3 PhilServe also accepts no liability whatsoever for the contributions made by users and the organisations for which the user is acting. All other contributions by users and/or their organisations posted on stiftungschweiz.ch or disseminated via this platform in social media or otherwise also reflect solely and exclusively the opinion of the respective author. PhilServe accepts no responsibility for such content.
13.4 The use of information obtained via stiftungschweiz.ch and donations, grants, support and sponsorship contributions prepared, spoken or processed via stiftungschweiz.ch or otherwise made shall be exclusively at the respective user’s own responsibility and risk. The beneficiary organisations and the users acting on their behalf are solely responsible for the proper use of donations received.
13.5 Insofar as PhilServe itself offers news, guides, tips and/or further information on philanthropy and the foundation sector or disseminates this via a newsletter or otherwise, this is in each case a non-binding recommendation and orientation aid which makes no claim to completeness and accuracy. This does not constitute an advisory relationship.
13.6 PhilServe endeavours to monitor compliance with the user agreement and the legal requirements within the stiftungschweiz.ch website. However, PhilServe cannot reasonably be expected to monitor user behaviour in full, either beforehand or afterwards.
13.7 PhilServe is not responsible for the risks associated with the initiation and conclusion of contracts between the user (donor) and the donation recipient and is not liable for any damage arising as a result. In particular, PhilServe assumes no liability or warranty for the validity and effectiveness of the (donation) contracts concluded between users (donors) and the donation recipient.
14 Third Party Websites
14.1 stiftungschweiz.ch may contain links to other websites controlled or provided by third parties.
14.2 PhilServe provides no guarantee for the content provided on these websites and excludes any liability for products and/or services offered on these websites. Their operators are solely responsible for their content. It is not possible for PhilServe to constantly monitor external links without concrete evidence of a violation of the law. Should PhilServe become aware of an infringement, the relevant link or content will be removed from the website immediately.
15.1 PhilServe is authorised to communicate with all users via electronic channels (e.g. e-mail, SMS, etc.).
15.2 PhilServe may, where the user has consented to the disclosure of his data, transmit it electronically (for example, also in the case of donations).
16 Applicable Law and Place of Jurisdiction
16.1 The contract of use is governed by Swiss substantive law.
16.2 The exclusive place of jurisdiction for all disputes relating to the use of stiftungschweiz.ch is Basel, Switzerland. Alternatively, PhilServe is entitled to take legal action against the user or the organisation represented by the user at their place of residence or domicile.
17 Severability Clause
17.1 Should individual provisions of this contract be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner.
18.1 PhilServe is entitled to transfer individual or all rights or obligations arising from this user agreement to one or more third parties in Germany and abroad.
19 Amendments and Supplements
19.1 PhilServe may amend and supplement this user agreement at any time. All amendments and additions shall be published on stiftungschweiz.ch and shall enter into force immediately upon their publication.
20.1 This user agreement is valid as soon as and as long as it is published on stiftungschweiz.ch. Amended provisions shall apply anew and directly also to the existing contracts and shall replace, in the sense of an approved contract amendment, the conditions existing until then.