General Terms and Conditions (GTC)
Status: December 2021
1. validity
The General Terms and Conditions (hereinafter referred to as GTC) apply to all legal relationships concluded via www.fairdivorce123.ch. This website is operated by Law Quest GmbH (CHE-424.161.989). Its registered office is located in CH-8707 Uetikon am See, Alte Landstrasse 105a.
Law Quest GmbH reserves the right to change these GTC at any time. The version of these GTC valid at the time of the conclusion of the contract is decisive. The clients (or "you"; "you") may not unilaterally amend these GTC. Conflicting conditions or conditions of the customer that deviate from these GTC are not recognized.
The offers of www.fairdivorce123.ch are exclusively directed to customers residing in Switzerland.
The offers are valid as long as they are currently found on the Internet at www.fairdivorce123.ch.
2. prices, right of withdrawal
All published prices are final prices, which include all taxes (VAT), any charges, fees or costs.
During the beta phase published on www.fairdivorce123.ch you have an unconditional right to a refund of the price paid. This does not apply if installments have been agreed upon.
There are no further rights of withdrawal, neither by law nor by contract.
3. conclusion of contract
The services and prices on www.fairdivorce123.ch are considered as an offer.
The contract for the services of www.fairdivorce123.ch is concluded as soon as you place your order in the online store.
4. rights of use
With payment of the price you receive a non-exclusive, non-transferable right to access the services of www.fairdivorce123.ch, limited to 3 months.
Upon request, Law Quest GmbH may extend this period at its sole discretion.
You may not modify, create derivative works from, disassemble, decompile, or access www.fairdivorce123.ch content for the purpose of developing or offering a similar or competing product or service.
You agree to use all reasonable efforts to prevent unauthorized third parties from accessing www.fairdivorce123.ch.
You agree that Law Quest GmbH has the right to modify fairdivorce123.ch (or any part thereof) at any time, temporarily or permanently. The service will be considered complete to you as long as the adjusted service is at least equivalent in content.
You agree that Law Quest GmbH has the exclusive right to any suggestions, enhancements, feedback, or recommendations that you provide with respect to www.fairdivorce123.ch.
You do not acquire any rights of use, either express or implied, other than those set forth in Section 4 hereof.
5. liability and disclaimer
The following applies to the calculations provided on www.fairdivorce123.ch:
- The tax calculations are approximate. The customer is responsible for specifying tax deductions. The tax rates, tax credits and deductions reflect the situation at the end of 2021. Tax deductions for children born in December of the first calculation year are taken into account for the first time in the following year.
- The calculations for matrimonial property rights, pension equalization and maintenance are based on the law and case law. There is considerable room for interpretation in many parts. Law Quest GmbH makes the calculations to the best of its knowledge, but cannot guarantee that a judicial assessment would lead to the same result. In the case of questions that have not been clarified by the highest court, an application is suggested in each case that, to the best of our knowledge, should correspond most closely to the meaning of the law.
- Cases involving invalidity, patchwork constellations, peasant land law, and foreign references are not taken into account.
- Old-law matrimonial property relationships and communities of property as well as marriage contracts deviating from the basic types are not calculated.
Liability is governed by the applicable legal provisions.
Law Quest GmbH is neither contractually nor extra-contractually liable for
- slight negligence,
- indirect and consequential damages and loss of profit,
- unrealized savings,
- all acts and omissions of its auxiliary persons.
Law Quest GmbH shall have the right to terminate your access if Law Quest GmbH reasonably concludes that your use of www.fairdivorce12.ch will cause or threaten to cause injury to LawQuest GmbH or any third party.
6 Warranty
Law Quest GmbH has compiled the information provided to the best of its knowledge and belief. However, Law Quest GmbH does not guarantee the accuracy, completeness of the information and services provided or the constant availability of www.fairdivorce123.ch. Law Quest GmbH does not offer any legal services and cannot replace the individual consultation of a specialist.
7. payment
The payment options published on www.fairdivorce123.ch are available to you as soon as they are marked as activated.
8. data protection and involvement of third parties
Law Quest GmbH observes the valid data protection regulations.
If you process personal data of third parties, you are obliged to obtain the necessary rights. You expressly confirm that you have these rights.
Law Quest GmbH may involve third parties for the provision of its services. These third parties are carefully selected and instructed and supervised by Law Quest GmbH according to the legal requirements.
If you are under attorney-client or official privilege, the following provisions apply:
Secrecy
Law Quest GmbH undertakes to keep the personal data subject to the contract confidential and shall oblige the persons entrusted with the processing of the order to maintain confidentiality.
In particular, Law Quest GmbH is aware and acknowledges that the processing of the order takes place in an area protected by the professional secrecy of lawyers or by an official secrecy, provided that the customer is a lawyer or an official/court person who uses the application of the provider in the context of his/her lawyer or official/court activity.
These confidentiality obligations shall continue to apply for an unlimited period after termination of this Agreement.
Sub-processors
Subcontractors are natural persons or legal entities which Law Quest GmbH uses for the processing of the order. Law Quest GmbH is entitled to involve subcontractors. In such cases Law Quest GmbH is obligated to make an agreement with subcontractors to the required extent regarding the (sub)order processing, which enables Law Quest GmbH to comply with the provisions of the present agreement between Law Quest GmbH and the client. This also includes the transfer of the secrecy obligations of Law Quest GmbH to subcontractors.
9 Jurisdiction, applicable law
All legal relations between Law Quest GmbH and you are exclusively subject to Swiss law.
For lawsuits of consumers their domicile or CH-8707 Uetikon am See is the place of jurisdiction.
Otherwise the legal places of jurisdiction apply.
