1. Scope of application
1.2. The GTC apply from the first time the user accesses the website. They are supplemented by the data protection notice and the specific service descriptions and notices on the website.
2. Service offering
2.1. The website provides users with information on the topic of estate planning. In particular, the website provides information on the topic of estate donations. Users have the option of using an online tool for generating will templates (“testament generator”) as well as other document generators (e.g. obituary, living will, etc.) in accordance with the provisions of section 3 of these GTC.
2.2 The website allows non-governmental organisations, Spitex, non-profit organisations, etc., (the “Fundraising Partners”) to present themselves as recipients of estate donations. In addition, service providers (especially lawyers specialising in inheritance law, the “Partners”) can present themselves and their services on the website. Separate conditions apply to the use of the website by fundraising partners and affiliates.
2.3. The website enables users to contact the partners and fundraising partners. At the request of users, the operator transmits individual enquiries and contact details of users to partners and fundraising partners.
2.4. Users can access the information published on the website and use the wills tool and the other document generators free of charge. The operator reserves the right to agree supplementary conditions and prices for individual services, in particular for those to be provided to companies. If individual services are only provided against payment – including digital data – the operator shall expressly inform the users of this. A conclusion of contract constituting, constituting an obligation to pay remuneration, shall only come into existence with a click on the button “Order now with costs”.
2.5. The formulation and execution of contracts with third parties, in particular partners, is the sole responsibility of the user and the third party. For these contracts, the operator assumes neither a guarantee for performance nor liability for any material defects or defects of title. In particular, the information provided by third parties and published on the website does not represent any properties guaranteed by the operator. The operator is under no obligation to ensure the fulfilment of contracts concluded between users and third parties.
3. Testament- & Document-Generators
3.1. The website, in particular the testament generator tool and the other document generators, does not constitute legal advice or legal services.
3.2. The testament generator tool as well as other document generators exclusively take into account the law of Switzerland.
3.3. The service supports users with a legally verified, software-supported question/answer- and document creation process for the independent creation of a will template and other documents. It is the user’s responsibility to follow the instructions and explanation for the use of the Testament Generator Tool and the other document generators. In doing so, he/she has to critically examine the answer options and select them in such a way that they correctly reflect the application case. If the user feels that the response options do not reflect his/her situation, the will tool or document generators are unsuitable for that user. There is no concretisation for the respective individual case beyond the selection of pre-formulated answer options.
3.4. The testament generator tool and the other document generators are therefore not able to cover every circumstance with its specific features individually. It is the user’s responsibility to check the plausibility of the legal document created in relation to the use he/she intends to make of it. In case of doubt, ambiguity or constellations in which a standardised procedure is not advisable, users are advised to consult a lawyer.
3.5 When using the testament generator tool and other document generators, users are made aware of the possibility of donating an estate. The operator suggests fundraising partners as recipients of such an estate donation. The order of the fundraising partners suggested to the users follows defined criteria: Random principle; organisations that have booked a top listing are listed with the same monthly reach before the organisations that have not booked a top listing…. There is neither an obligation to make an estate donation nor to select one of the proposed fundraising partners.
4. Registration; User Account
4.1. Users have the option of creating a user account on the website in order to save and manage the text created in the will tool and the other document generators. The storage only serves to facilitate the user’s access to the generated text and in no case replaces, for example, the filing of a will, in particular with the local court.
4.2. To set up a user account, users conclude a user contract by entering their e-mail address and a password of their choice in the fields provided, clicking on the “Register now” button and confirming their e-mail address by clicking on the registration link in the e-mail sent to them by the operator.
4.3. Users are committed to treating their access data confidentially and to use it exclusively for themselves.
4.4. The operator can refuse registration at any time and also subsequently without giving reasons.
4.5. The user contract is concluded for an indefinite period and begins with the conclusion of the contract in accordance with section 4.1. Users have the right to delete their user account at any time and without giving reasons, and thus also to terminate the user contract.
4.6. After the user account’s deletion, access to the data stored in the user account is no longer possible. The operator will delete the data stored in the profile after a reasonable retention period.
3. Altering or discontinuing the range of services and deleting profiles
5.1. The operator may modify, change or temporarily or permanently discontinue the operation of the website or individual parts thereof at any time.
5.2. The operator reserves the right to delete user accounts without giving reasons and without prior or subsequent notice to the users concerned.
6. Warranty of the services’ functionality
6.1. The operator will maintain and update the website with due care. The Website is generally made available with the quality, including functionality, compatibility, accessibility, continuity and security, that is customary for digital products of the same type and that users can expect, taking into account the nature of the digital product.
6.2. The operator does not guarantee the correctness, completeness and accuracy of the contents, documents and other services.
7.1. The operator is liable for intent and gross negligence to the full extent. Liability for slight negligence and for auxiliary persons (Art. 101 Swiss Code of Obligations) is completely excluded.
7.2. Insofar as the website provides access to other websites via links, the operator is not responsible for the third-party content contained therein. The operator does not appropriate external content as its own. Liability for third-party content is excluded. If the operator becomes aware of illegal content on external websites, it will remove the link to these immediately.
7.3. The operator is not liable for the factual accuracy of third-party content and data or for the absence of viruses in files placed on the website by users or by other users, companies or external third parties recognisable to users. Reference is made to the possibility of initiating proceedings for the removal of inappropriate content.
7.4. The operator is not liable for damages to users resulting from following or not following recommendations, tips, best practices or the use of templates.
7.5. The above limitations of liability and exclusions do not apply to any claims of the users against the operator arising from product liability. Furthermore, the limitations of liability do not apply to physical injury or damage to the health of users attributable to the operator.
8. Data Protection
8.1. The operator has taken comprehensive technical and organisational precautions to ensure that data is handled confidentially and exclusively for the intended purpose. However, misuse by unlawful acts of third parties cannot be completely ruled out.
8.2. The operator is obliged to use the data stored during registration and use only for its own purposes and not to pass it on to external third parties, unless there is an officially ordered obligation to do so or the user has given their express consent, e.g. by explicitly ticking a checkbox when contacting fundraising partners/partners. This regulation on the handling of data is substantiated and supplemented by the data protection notice.
8.3. The operator has obliged its employees who are entrusted with the administration and/or operation of the website to strictly comply with data protection regulations.
8.4. The operator is entitled to observe and record the usage behaviour of users in order to ensure the proper operation of the website and to combat misuse. Clause 8.2 shall apply accordingly to such data.
8.5. If users enter personal data of a third party on the website, they warrant that they are authorised to do so. Users are obliged to inform the third party before transmitting their personal data.
9. Severability Clause
If any provision or part of a provision of these GTC or its annexes is or becomes invalid or unenforceable, this shall not affect the validity of the rest of these GTC. The Operator and the Users are obliged in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that is equivalent in terms of its economic effect, provided that this does not result in a material change to the content of these General Terms and Conditions or their annexes.
5. Applicable law and forum
10.1. Contracts between the operator and users shall be governed by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has its habitual residence as a consumer, shall remain unaffected.
10.2. The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the city of Zürich, Switzerland, provided that the user is a merchant or a corporation under public law. In addition, the Operator is entitled and, in the case of consumers, obliged to bring an action at the general place of jurisdiction of the User.
Status as of: 1 December 2022
Responsible: EMNA Web AG