General Terms and Conditions
Last updated: 04. March 2021
1. Scope of Application
These General Terms and Conditions (“GTC”) apply to the entire business of PAN Ltd., Seefeldstrasse 60, 8008 Zurich, and its subsidiaries (hereinafter “PAN”). PAN provides services and sells products in the field of information and software technology as well as data protection in order to protect your personal data and your privacy and to enable you to control the use of your personal data and to decide in which form and under which conditions your personal data are used by companies. PAN’s services can be obtained via PAN’s mobile app.
2. Conclusion of Contract
The contract is concluded when you use the product/services offered by PAN, i.e. download the mobile app from the Apple and Google app stores. The mobile app or certain services in the app may be subject to payment.
The prices for products and services are inclusive of any applicable value added tax (VAT). PAN reserves the right to change the prices at any time. The prices in the app stores valid at the time of the conclusion of the contract apply.
Payment and settlement is made via the respective app store.
5. Age Limit
By accepting these T&Cs, you confirm that you meet the required age limit of 16 years to obtain the products and services offered by PAN.
6. Obligations of PAN
6.1 Delivery / Delivery Dates
You will receive the product/service from the moment the download of the mobile app from the App Store is completed.
6.2 Service provision
Unless otherwise agreed, PAN fulfils its obligation by providing the agreed service.
6.3 Auxiliary persons
PAN has the express right to call in auxiliary persons to perform its contractual duties. PAN must ensure that the involvement of the auxiliary person takes place in compliance with all mandatory legal provisions and any collective labour agreements.
7. Your Duties
By accepting these terms and conditions, you also confirm that you have unlimited legal capacity and that you are within the age limit of 16 years. By registering, you expressly declare that all information provided is true and correct. PAN is free to reject you without giving any particular reasons. In this case, any amounts already paid will not be refunded to you. You must indemnify PAN against claims by third parties and bear the costs incurred.
An exchange of products is generally excluded.
The statutory warranty provisions apply. PAN warrants the above for a maximum period of 24 (twenty-four) months. PAN warrants to perform the agreed services in quality customary in the industry.
Liability for any indirect damage and consequential damage is excluded in full. Liability for direct damage is excluded. This limitation of liability does not apply to direct damage caused by gross negligence or intent. You are obliged to report any damage to PAN immediately. Any liability for auxiliary persons is fully excluded.
11. Intellectual Property Rights
PAN is entitled to all rights to the products, services and any trademarks or is entitled to use them by the owner. Neither these terms and conditions nor the associated individual agreements have the transfer of any intellectual property rights as their content, unless this is explicitly mentioned. Furthermore, any further use, publication and making accessible of information, pictures, texts or other things which you receive in connection with these terms and conditions is prohibited, unless it is explicitly approved by PAN. If you use contents, texts or pictorial material in connection with PAN in which third parties have a property right, you must ensure that no property rights of third parties are infringed.
12. Data Protection
These GTC may be amended by PAN at any time. The new version will be communicated via our mobile app (and the App Store from Apple and the Play Store from Google), via our website and by e-mail (only for registered customers). In principle, the version of the GTC that is in force at the time of the conclusion of the contract applies to you. Unless you have agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
15. Severability Clause
Should a provision of this contract or an annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.
16. Force majeure
If the timely fulfilment by PAN, its suppliers or third parties is impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, interruption of the internet and telecommunication lines, labour disputes, official orders, court decisions, pandemics/epidemics, restrictive laws and regulations and power failures, PAN is entitled to withdraw from the contract. If the force majeure does not allow for the interruption of the internet and telecommunication lines, labour disputes, official orders, court decisions, pandemics/epidemics, restrictive laws and regulations and power failures, PAN is released from the fulfilment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 180 (one hundred and eighty) days, PAN may withdraw from the contract. PAN has to refund you already paid fees in full. Any further claims, especially claims for damages due to vis major are excluded.
17. Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory legal provisions prevail, the court at the registered office of PAN shall have jurisdiction. PAN is free to bring an action at the domicile of the defendant. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded.