Terms and Conditions
1 Scope of application
These General Terms and Conditions govern the business relationship between the users of the web-based application "Gebäudepass Switzerland" (the "Gebäudepass") and the Stiftung Gebäudepass Schweiz (the "Foundation").
2 Gebäudepass
The Gebäudepass Switzerland is the comprehensive digital record of a property (the "Property"). It is tied to the Property and cannot be transferred to another property. It is initially created based on an application by the property owner and subsequently remains in effect, in principle, until the Property is demolished.
3 Authentication
The administrative office ('Geschäftsstelle') is expressly authorized to unequivocally identify applicants for a building passport as well as the properties or real estate in question. It may request relevant documentation, such as land register extracts.
4 Fees
Use of the building passport is made available upon payment of an annual license fee in accordance with the currently applicable price list.
5 Usage rights
The owner of the property as recorded in the land register (the "User") is entitled to full access to their property's building passport. They may grant rights—such as the authority to make updates—to third parties, such as architects, general contractors, internal organizations, etc. The User may appoint an administrator for the building passport.
The User is responsible for revoking granted rights when they are no longer required.
To assist Users, the Foundation’s administrative office (the "Geschäftsstelle") holds administrator rights for all issued building passports.
If the User fails to meet their obligations regarding the use of the building passport (e.g., payment of the building passport fee), the building passport will be frozen. This means that no further updates can be made until the User has fulfilled all their obligations.
6 Filing of documents in the digital dossier
Users may store only documents in the building passport’s digital dossier that relate to the property for which the building passport was issued. Storing content that is unlawful or otherwise irrelevant to the subject matter is expressly prohibited. The Foundation disclaims all liability for stored content and reserves the right to delete any content that is unlawful.
7 Updating the Gebäudepass
Once the building passport has been created, the user is responsible for keeping the data up to date. The user is responsible for maintaining the confidentiality of login credentials and for ensuring that the building passport is correctly populated with data. No backups of user data within the building passport are created. Any log files indicating who made specific changes to the data are irrevocably deleted after six months.
8 Handover of the building passport with the property
In principle, the user is responsible for ensuring that access to the Building Passport is transferred to the new owner upon the sale of the property. To this end, the user must notify the Building Passport Foundation’s administrative office so that it can verify the new user and their authorization. If the Building Passport is not transferred, the administrative office is authorized to transfer it to the new owner and revoke the previous owner's access.
9 Liability
The Foundation excludes its liability in connection with the use of the building passport to the fullest extent permitted by law. In particular, it assumes no liability for the accuracy of the information contained in the building passport.
10 Intellectual Property
The user is granted a non-transferable right to use the building passport. However, the Foundation remains the exclusive owner of all intellectual property rights relating to the building passport. Use by the user does not confer any further rights regarding the Foundation's intellectual property. All rights to existing intellectual property, or intellectual property arising during the performance of the contract, regarding the building passport remain with the Foundation or the relevant third parties. All texts, graphics, icons, photographs, plans, logos, videos, audio, and trademarks are protected by copyright and may not—whether in whole or in part—be displayed, reproduced, exploited, or hosted on any medium without the express prior authorization of the Foundation.
If the user infringes upon the intellectual property rights of the Foundation or third parties and the Foundation is held liable as a result, the user shall indemnify and hold the Foundation harmless.
11 Data Protection
The Foundation protects the information stored in the building passport through appropriate technical and organizational measures and handles it with care and in compliance with Swiss and European data protection law.
The Foundation collects, processes, and stores personal data only to the extent necessary for the operation of the building passport, the security of operations and infrastructure, invoicing, and the management and maintenance of customer relationships—specifically to ensure high service quality and improved service delivery. In particular, personal data may be transmitted to selected third parties on a case-by-case basis for these purposes. Personal data is stored exclusively in data centers located in Switzerland.
The user consents to the anonymized disclosure of data by the administrative office for purposes of research and teaching.
12 Place of jurisdiction
The place of jurisdiction for all disputes arising in connection with the use of the Gebäudepass Switzerland is the registered office of the Foundation Gebäudepass Switzerland (Stiftung Gebäudepass Schweiz). Statutory provisions remain reserved.
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