General Terms and Conditions of Business

The present provisions govern the contractual relations and establish the General Terms and Conditions of Business (GTC) between the company GSC Géo Services & Conseils Sàrl, Rue de la Dent-Blanche 4, 1950 Sion, Switzerland, from now on referred to as GSC, and the customer, from now on referred to as the Subscriber, concerning digital content products purchased in the form of annual subscriptions on the website monbienfonds.ch, from now on referred to as the Site and operated by GSC.

Both parties accept them without reservation.

User: person navigating the Site;
Member: user who has created an account on the Site;
Subscriber: member with a valid paid subscription on the Site.

By placing an order on the Site, the Subscriber declares that they have read, understood, and accepted these provisions.

The Site is operated by:

GSC Géo Services & Conseils Sàrl
Rue de la Dent-Blanche 4, CH-1950 Sion
IDE: CHE-299.210.122
+41 78 217 20 21
info@geo-services-conseils.ch

GSC provides services in connection with land use planning available only for properties located in the French-speaking part of the Canton of Valais by paying annual subscriptions.

The “ONE” subscription allows the Subscriber to register, follow and monitor one land parcel in one commune of the French-speaking part of Valais, and the “MULTI” subscription a maximum of five.

The subscription includes unlimited access to all the news and the web application available on the Site, including the following services:

• Interactive map showing the applications of building permit submitted to public inspection in the commune(s) of the land parcel(s) and those in neighbouring communes within 300 metres of the communal boundaries of the land parcel(s) being monitored;
• Receipt by email of a weekly report in PDF format displaying on one or more maps the location of the applications of building permit submitted to the public inspection during the week and within 300 metres of their land parcel(s) and including the details of the objects. The details of the projects are also presented in summary form in tables. If there is no public inspections that meets the above criteria, no report will be sent to the Subscriber;
• Collection of information related to land use planning in the commune(s) of the land parcel(s) (balance of building zones, category of communes according to the Service du développement territorial (SDT) of the canton of Valais, etc.), with email notifications for the most important;
• -20% discount on services invoiced by the hour by GSC (according to GSC availability);
• Subscription to the newsletter.

The offer includes only projects requiring a building permit submitted to public inspection under the Building Act (LC, RS 705.1) of the Canton of Valais. Operating permits (restaurants, bars, etc.) are also available.

Only applications located in communes of the French-speaking part of Valais are available.

The details of the objects are only available in their original language.

The offer does not contain information about other announcements (traffic restrictions, changes in signage, etc.).

The historical data available can be consulted until 1 October 2022.

The Site is accessible with or without creating an account. Content and services reserved for subscribers are only accessible to members with valid subscriptions approved by GSC.

The use of the Site requires an Internet connection and equipment allowing access to it (computer, smartphone, etc.) with an up-to-date browser (Chrome, Safari, Firefox, Brave, etc.) and JavaScript activated on the latter.

Without this configuration, the Site’s services do not work or work only partially.

The Subscriber is responsible for having the required configuration to use the Site.

Subscription and free trial period are subject to registration on the Site by creating a member account. The Member undertakes to provide their official name at the registration time and verify their email address via the email sent to them after registration.

Registration is reserved for private persons of legal age and is prohibited for companies.

GSC reserves the right to refuse a registration or to delete an account without justification. In this case, an email will inform the member.

Accounts whose email address has yet to be verified will have limited access to the Site’s services. These restrictions will be lifted once the member verifies the account’s email address.

The login and password are personal and non-transferable.

When creating an account, each Member benefits from a free trial period lasting 7 days from the date their e-mail address is verified. No payment information is required to take advantage of this trial period, which is completely free of any financial commitment.

Each Member may take advantage of the free trial period once. Multiple attempts are not permitted.

During this trial period, the Member has full access to all the features of the Site, although some content may be limited and reserved for Subscribers only.

The Member can cancel their free trial period by deleting their account directly from the Site.

To access the Site’s features, the Member or Subscriber must configure their account by adding and registering one or more land parcels to monitor.

During the free trial period, the Member may register up to a maximum of 5 land parcels.

After taking out a subscription, the Subscriber may register one land parcel for the “ONE” plan and up to 5 for the “MULTI” plan.

Land parcels that exceed the limit of the subscribed plan must be deleted by the Subscriber. This applies to land parcels added both during the free trial period and following a downgrade from a “MULTI” subscription to “ONE”.

The Site’s services will remain suspended until the number of land parcels tracked and monitored complies with the terms of the subscribed plan.

During or after the free trial period, a Member has the option to subscribe to one of the available subscriptions on the Site depending on the number of land parcels they wish to monitor, between the “ONE” plan for one land parcel or the “MULTI” plan for up to 5 land parcels.

Once a subscription has been taken out, the Subscriber immediately gains full access to all the features and services of the Site. Subscription is subject to subsequent verification by GSC (see section “subscription approval and validation”).

When a subscription is taken out, the Subscriber is automatically registered for the newsletter proposed by GSC, which may be sent to him periodically by electronic means. However, the Subscriber is free to unsubscribe at any time via the settings page of their user profile or by clicking on the unsubscribe link present in each newsletter email.

It is important to specify that the Subscriber does not have a right to a defined number of newsletters. Indeed, depending on current events or significant events, it is possible that the number of newsletters may be reduced or even cancelled. In such a case, the Subscriber may not claim any compensation or indemnity.

The Subscriber acknowledges that he/she is aware of this tacit newsletter subscription clause, and expressly authorises GSC to send him/her information by electronic means within the framework of its commercial activities, in particular information relating to its services.

The Subscriber acknowledges that GSC may not be held responsible for the consequences of receiving or not receiving the newsletter, nor for any loss or damage caused by the receipt or use of this newsletter.

The subscription is subject to the approval and validation of GSC. Consequently, the effective conclusion of the subscription is subject to the acceptance of GSC, which reserves the right to refuse any subscription request without having to justify its decision.

In the event that the subscription is refused, GSC shall inform the Subscriber as soon as possible, without this giving rise to any obligation of compensation.

The Subscriber undertakes to provide GSC with all the information necessary for the analysis of his subscription request, and to guarantee the accuracy and sincerity of this information.

In particular, GSC may refuse a subscription request if it is considered that the information provided by the Subscriber is inaccurate, incomplete or misleading, or if it is considered that the Subscriber does not meet the eligibility criteria set by GSC.

The Subscriber acknowledges that the approval of his subscription is conditional on compliance with these criteria.

The Subscriber acknowledges that GSC may not be held responsible for the consequences of a refusal of subscription.

The subscription is concluded for one year from the date of order.

The subscription begins on the day the order is placed and becomes effective, with access to all the features and services of the Site, after its configuration by the Subscriber, subject to subsequent verification by GSC (see section “subscription approval and validation”).

The Subscriber may modify, i.e., delete and add a monitored land parcel, once for the “ONE” plan and up to five times for the “MULTI” plan per subscription term (annually).

The authorised modifications are reset with each subscription renewal.

Modifying a monitored land parcel may result in a temporary suspension of monitoring and a limitation of services for the Subscriber. This suspension is necessary to allow manual verification by GSC of the new information provided by the Subscriber, and will end once the said information has been verified by GSC.

The prices are indicated in Swiss francs (CHF) and correspond to the amount shown on the Site, the order confirmation sent by email, and the invoice/order confirmation in PDF format attached to the latter. If a price mismatch is displayed, the Subscriber must immediately notify GSC of this anomaly.

GSC reserves the right to modify the prices of services at any time. Subscribers shall be informed of such changes by email.

Promotional codes are special and temporary offers, which can be used to obtain a discount on certain services. Promotional codes are only valid during the stated validity period and cannot be combined with other offers or promotions unless otherwise stated. Promotional codes cannot be exchanged for cash or other benefits in kind. Their use is strictly personal and cannot be transferred to another person.

GSC reserves the right to modify or revoke promotional codes at any time without notice.

Any fraudulent or abusive use of the promotional codes may result in the cancellation of the order and the suspension of the User's account.

The Subscriber must pay the total amount shown on the invoice/order confirmation within 20 days of the order date.

GSC accepts payment by:

• Invoice (e-banking or at the counter): a PDF invoice is attached to the order confirmation email. A paper invoice is sent to the Subscriber by post only if the latter expressly selects this means of payment at the time of subscription;
• Credit card (Visa, Mastercard) via the external service provider Stripe: GSC does not have access to confidential information or the Subscriber’s credit card number;
• Bank transfer: the bank details for making the payment are indicated on the PDF attached to the order confirmation email. If the bank’s account owner’s name differs from that of the Subscriber, the Subscriber undertakes to add the term used at the time of the order in the message accompanying the bank transfer.

Payment by e-banking invoice is preferred when renewing the subscription.

For billing addresses outside Switzerland, payment by credit card is mandatory.

In the event of non-payment of the sums due within the time limits laid down, GSC shall send a reminder by email to the Subscriber seven days after the due date.

If payment is not made within ten days of the reminder email, GSC reserves the right to suspend or terminate the subscription without prior notice.

An order confirmation is sent by email for each order received by GSC. It includes an invoice/order confirmation in PDF format, which constitutes proof of purchase and must be kept. The Subscriber must check the accuracy of the information appearing on these documents and notify GSC of any defect or error.

The order confirmation is only intended to inform the Subscriber of the receipt of his order by GSC and does not imply acceptance or validation of this order by GSC.

Any order from the Subscriber is considered definitively validated only after its acceptance by GSC.

GSC reserves the right to cancel an order and to reimburse the member by bank transfer within 14 days in the event of non-compliance with the present provisions or for any other reason without having to justify it. The bank details required for the refund will be requested from the Subscriber by email.

In the event of cancellation of an order by GSC, the Subscriber may not, under any circumstances, claim damages.

Members may delete their account directly on the Site or send a request via the Site’s contact form or email.

Deleting the account automatically terminates any valid subscription linked to that account and any free trial period. No refund can be requested.

The termination of the subscription by the Subscriber must be requested from GSC by email with a notice period of thirty (30) days before the expiry date of the current subscription.

Upon termination of the subscription, all data relating to the subscription will be deleted, including the land parcels monitored and the weekly reports. The deletion of the data will be effective at the latest on the 30th day from the date of termination of the subscription. GSC shall not be held responsible for the loss of data linked to the termination of the subscription by the Subscriber.

In the event of the death of the Subscriber, the subscription may be transferred to another person until its expiry.

GSC reserves the right to suspend or terminate the subscription without notice and justification, particularly in the event of failure or violation by the Subscriber of the present General Terms and Conditions of Business.

No reimbursement or right to damages may be demanded in this case.

A Subscriber can change a current subscription on the Site.

For an upgrade to a higher subscription (“ONE” to “MULTI”), additional fees will be charged according to the remaining days of the current subscription period. The change will be effective as soon as the Subscriber upgrades the subscription.

For a downgrade to a lower subscription (“MULTI” to “ONE”), the request will be considered at the next subscription renewal. It will change the costs associated with using the latter, according to the “ONE” plan rate in force.

The subscription is tacitly renewed from year to year, except in the event of express cancellation by the Subscriber within the time limits and under the conditions stipulated in these General Terms and Conditions of Business.

The Subscriber will be deemed to have accepted the tacit renewal of the subscription if they have yet to exercise their right of cancellation within the time limits and conditions stipulated.

If a Member does not subscribe at the end of the free trial period, or in the event of subscription termination, the Member’s account and all associated data will be automatically, permanently, and irreversibly deleted six months after the end of the trial period or, respectively, the subscription.

The Member will be notified by email seven days before the scheduled deletion of their account.

The Site may only be used for strictly personal purposes and under no circumstances for commercial activities.

The Subscriber undertakes to use the services by their initial use, application, and assignment and per the Terms of Service which form an integral part of these General Terms and Conditions of Business.

In the event of a breach of the Terms of Service or of these provisions, GSC reserves the right to suspend or delete an account (including the termination of the subscription) and to refuse any new registration.

No refund or claim for damages may be demanded in this case.

GSC undertakes to provide the services mentioned above and assistance and support to members and subscribers within the limits of its responsibility. Help and support by telephone are only available in French.

The Site’s availability is guaranteed based on the “best effort” principle. However, interruptions, stoppages, disturbances, or malfunctions may occur, and GSC cannot be held responsible for the Site’s availability at all times.

For maintenance or other reasons, GSC reserves the right to suspend access to the Site without notice or justification temporarily.

GSC reserves the right to modify all or part of the Site’s content, cease its distribution at any time and without prior notice, and remove or add functionalities.

GSC does not give any assurance and declines all responsibility as to the freedom of the server and its Site from viruses or other harmful components.

GSC shall not be held responsible for direct or indirect damage caused to the Subscriber or to third parties as a result of the theft of data or the hacking of the infrastructure and/or servers of GSC and the Site.

The contents on the Site are purely informative and do not constitute investment or legal advice, nor an incitement to oppose a public inspection. Although the most excellent care is taken to ensure the accuracy of the information published on the Site, GSC declines all responsibility regarding the accuracy, reliability, correctness, topicality, and exhaustiveness of the latter. No assurance or guarantee can be given by GSC regarding the accuracy and reliability of the data on the Site when accessed or via specific functions of the said Site (including weekly reports, videos, presentations and any other documents or content).

GSC shall not be held responsible for any material or immaterial damage that may result from access to the information disseminated, from the use, misuse, or non-use of the information, or technical problems, nor for any action taken by the Subscriber based on said information. The Subscriber is solely responsible for the use and interpretation of the information provided by GSC and the consequences thereof.

GSC shall not be held responsible for errors or omissions in the municipal authorities’ official announcements of public inspections. However, a careful, thorough, and conscientious check is carried out by GSC, and the errors are indicated before any publication on the Site.

The documents from public authorities are reproduced on the Site for information purposes only and without modification, subject to their availability and sharing by the respective authority. Therefore, GSC declines all responsibility for their accuracy, reliability and up-to-dateness.

The publications on the Site have no official character, only the publications published on the official website of the canton of Valais are authoritative.

All Site elements (copyright, texts, images, videos, etc.) are the exclusive property of either GSC or other expressly indicated right holders. No reproduction is authorised.

No data, information, graphic, report, map, picture, video, or other content available on the Site or transmitted by email (including attachments) may be copied, photocopied, reproduced, or transferred to third parties.

The Privacy Statement forms an integral part of this General Terms and Conditions of Business.

The parties undertake to maintain the confidentiality of all information transmitted or obtained in the course of the performance of the contract, and this obligation of confidentiality shall continue after the termination of the contract.

GSC reserves the right to modify, update, or supplement this General Terms and Conditions of Business and its services at any time and without notice.

The Subscriber is encouraged to consult these provisions regularly to note any possible changes. GSC informs the Subscriber of any changes to the GTC and their services appropriately.

Any further use of the Site or its services by the Subscriber will be considered as acceptance of these modifications.

In the event of force majeure (e.g., illness, pandemic, epidemic, natural disasters, landslides, avalanches, floods, earthquakes, volcanic eruptions, extreme and exceptional weather conditions, riots, revolutions, wars, civil wars, insurrections, acts of terrorism, strikes, sabotage, nuclear accidents, power cuts, etc.), resulting in the inability of GSC or its appointed third parties to perform their obligations temporarily or permanently, GSC will notify the affected third parties as far as possible and set an appropriate extension of time. In addition, GSC may terminate the subscriptions at the end of this period.

GSC shall reimburse any remuneration already paid for valid subscriptions on a pro-rata basis.

No other claims, particularly concerning damages due to force majeure, may be made.

If any provision of these terms and conditions is invalid or unenforceable, this shall not affect the validity of the remaining provisions. The latter shall remain in force and shall be applied correctly.

In such a case, the invalid provision shall be replaced as far as possible by a provision that best fulfils the purpose of the invalid provision.

Consequently, the parties expressly agree that the nullity or invalidity of one of the provisions of these general terms and conditions shall not affect the validity of the other provisions, nor shall it affect the performance of the GTC as a whole.

The Site is currently in the launch phase with an initial version. Although the Site is available to all users, it may still contain errors or inconsistencies, or features may be missing or under development. By accessing and using the Site, the Subscriber accepts the conditions of this launch phase.

GSC undertakes to improve the Site and to correct any errors reported by users during this launch phase. However, GSC does not guarantee that all errors will be corrected or that all functionalities will be available within a specific period. Furthermore, GSC reserves the right to modify, restrict or suspend access to certain parts or functionalities of the Site at any time, at its sole discretion and without prior notice GSC does not guarantee that the Site, its functionalities and services will be available without interruption, in a timely manner, secure or free of errors.

By using the Site, the Subscriber accepts that GSC is not responsible for any direct or indirect damage that may result from the use of the Site or the inability to use it, and waives any recourse against GSC in the event of a dispute arising from the use of the Site during this launch phase.

In the event of contradiction or incompatibility between these clauses relating to the initial launch phase and the other clauses of these GTC, the clauses relating to the initial launch phase shall prevail.

In case of contradiction with any other translated version, the French version of these definitions shall prevail.

General Terms and Conditions of Business (GTC) are governed by Swiss law. In case of a dispute, the competent jurisdiction is Sion, Switzerland.