Terms of Service

Last updated: 25 March 2024

1. General

These provisions set out the Terms of Service (ToS) of the monbienfonds.ch website, from now on referred to as the Site, and operated by the company GSC Géo Services & Conseils Sàrl, Rue de la Dent-Blanche 4, 1950 Sion, Switzerland, from now on referred to as GSC, by a user accessing and browsing the Site, from now on the User.

2. Definitions

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.

3. Acceptance

By navigating the Site, the User declares that they have read, understood and accepted these provisions.

If this is not the case, the User agrees not to use the Site and to leave it immediately.

4. Description of the Site

The Site is a web application/platform that allows its subscribers to obtain information and services related to land use planning for their registered land parcel(s).

5. Hyperlinks

The User may be redirected to external websites through hyperlinks by browsing the Site. GSC has no control over these links and declines all responsibility for the content of the websites that refer to these links.

6. Publication by the User

By publishing content on the Site, the User agrees to adhere to the rules of Netiquette (good conduct) and any applicable laws. GSC reserves the right to moderate the User’s publications, including the right to refuse/delete them without justification or notice.

The User is solely responsible for the content they publish and agrees not to publish content that could harm the interests of third parties, be defamatory, or be contrary to any legal provisions.

7. Data provided by the User

By using the Site, in particular, when creating an account or taking out a subscription, the User undertakes to provide truthful, accurate, and complete information and to update it in case of any changes.

If any information is inaccurate, GSC reserves the right to request its correction, to delete the account (including terminating the subscription), and or to refuse any new registration at its sole discretion.

No refunds or claims for damages may be demanded in this case.

8. Obligation of confidentiality of the User’s login and password

The User undertakes not to divulge their login and password to third parties and to take all necessary precautions to preserve their confidentiality.

The account is personal and cannot be transferred to third parties. Any violation of this obligation will result in the immediate deletion of the account and termination of the subscription.

No refunds or claims for damages may be demanded in this case.

9. Prohibited activities

The User especially agrees not to (non-exhaustive list):

  • Temporarily or permanently transfer his account to third parties;
  • Sell or give his account;
  • Abusively use the support services and the various forms on the Site;
  • Fill out the forms with false information;
  • Use the Site or its content for commercial rather than personal gain;
  • Share screenshots, maps, images, videos, documents, reports, or the content of the Site with third parties;
  • Extract data or any other content from the Site to create a compilation, database or table;
  • Access the Site through automated or non-human means (robot, script);
  • Flood or overload the Site through intensive use (repetitive page refreshes, numerous requests, etc.);
  • Attempt to extend the free trial period (for example using multiple email addresses);
  • Use fraudulent methods to bypass the limitations of the trial period;
  • Attempt to bypass measures designed to prevent or restrict access to the Site or certain parts of it;
  • Attempt to obtain unauthorized content;
  • Attempt to collect email addresses and passwords of Site members;
  • Attempt to impersonate another member of the Site;
  • Attempt to modify, damage, or disrupt the Site and GSC services.

10. Sanctions

GSC reserves the right to impose sanctions in the event of a violation of the Terms of Service (ToS). These sanctions may include but are not limited to the suspension or termination of the User’s account and any other measure necessary to protect the interests of GSC and its users.

GSC also reserves the right to pursue legal action against any individual or legal entity that violates these conditions or the legal provisions of Swiss law.

No refunds or claims for damages may be demanded.

11. Modification of Terms of service

GSC reserves the right to modify, update, or complete these Terms of Service (ToS).

The User is invited to consult these ToS regularly to note any possible changes.

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

12. Saving clause

If any provision of these terms 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 terms of service shall not affect the validity of the other provisions, nor shall it affect the performance of the ToS as a whole.

13. Disclaimer for the launch phase with an initial version (beta)

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 User 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 User 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 ToS, the clauses relating to the initial launch phase shall prevail.

14. Original text

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

15. Applicable law and place of jurisdiction

These Terms of Service (ToS) are governed by Swiss law. In case of a dispute, the competent jurisdiction is Sion, Switzerland.