Terms and Conditions of Use for the Website and Services

Important legal information

These General Conditions (hereinafter “GC”) govern access to and use of the website www.business-market.ch/en/ (hereinafter "BM"), as well as the services and products offered by the latter. By accessing the BM site, you acknowledge having read these T&Cs, understand them and fully accept them. If you do not accept these T&Cs, we invite you not to access the BM site or use its services.

Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the Business Market website (hereinafter referred to as "BM") as well as the services and products offered on it. They also apply to all contractual agreements entered into between Bastien Henri Consulting (hereinafter referred to as "BHC") and its clients. Individuals or legal entities using BHC's services and products, or entering into a contractual agreement with BHC, are hereinafter referred to as "clients." In the event of a conflict between these GTC and individual agreements between BHC and a client, or with specific service descriptions and insertion rules, the latter shall prevail. Any use of BHC's services and products, or any payment made by the client, constitutes acceptance of these GTC, as well as the specific service descriptions and insertion rules.

Website Ownership

The BM website is the exclusive property of BHC. The management of its content and technical maintenance are handled by BHC. For any request or information, you can consult the contact details available at the following address: https://www.business-market.ch/en/contact/.

Intellectual property

The company BHC fully owns the intellectual property rights, including copyright, for all information and content available on the BM website. These rights notably cover the design, texts, publications, and software applications of the site. Accessing, downloading, or copying data from the BM website does not result in any transfer of rights over these elements. The use of the BM website is strictly governed by the following conditions:

• Commercial Use: Any commercial use of the information published on the BM website, including the provision of services based on this data, requires prior written consent from BHC. Authorization requests must be sent to: admin@business-market.ch.
• Personal and Non-Commercial Use: Visitors to the BM website agree to use the information and content exclusively for informational purposes or as part of subscribing to a service offered by BHC. It is strictly prohibited to copy, publish, reproduce, or distribute this content, whether online or in any other form, without the express authorization of BHC.
• Hyperlinks: Hyperlinks to services offered by BM are permitted, provided that BM is clearly identified as the source. Users establishing a link to the BM site are invited to inform BHC at the address admin@business-market.ch in order to allow optimal management of any modifications to the site.

Any violation of BHC's intellectual property rights may result in legal proceedings.

Website Recipients

The BM website is exclusively intended for individuals or legal entities with full legal capacity to exercise their rights.

Data protection

Thank you for consulting the following link: https://www.business-market.ch/en/data-protection/

Disclaimer

BHC strives to provide accurate and regularly updated information on the BM website. However, this information is provided without any guarantee regarding its accuracy, timeliness, completeness, or reliability. BHC also does not guarantee the continuous availability of the website or the absence of viruses or technical defects.

Consequently, BHC declines all responsibility for:

• Any damage or loss, direct or indirect, resulting from access to the BM site, the use of the information it contains, or the inability to use this information.
• Technical problems, transmission errors, overloads, interruptions (including for maintenance), or delays in the dissemination of information.
• Incompatibilities between the BM site and the user's hardware or software.
• Malicious acts such as viruses, intrusions or hacking.

BHC shall not be held liable for actions aimed at disrupting telecommunication services, such as mass email sending or denial-of-service attacks. To the extent permitted by applicable law, BHC, along with its executives, managers, employees, and collaborators, disclaims all liability related to access to or use of the BM website.

Effective Date and Termination in Relation to Services and Products

The contractual agreement takes effect as soon as the client accepts an offer or contract proposed by BHC. This consent can be given in various ways, including by email, electronic signature, online order, or a conclusive act such as the payment of an invoice or the use of a product or service. In the absence of specific provisions agreed upon between BHC and the client, the duration of the product begins from the publication of the advertisement and is set at 30 days. This duration is automatically renewed for equivalent periods unless terminated beforehand. Termination, whether by the client or BHC, must comply with a 14-day notice period before the end of the validity period. BHC reserves the right to immediately terminate any product or service for legitimate reasons, such as late payment, breach of contractual obligations, or unlawful or immoral use. In such cases, BHC may suspend services without prior notice, deactivate the user account, and retain prepaid amounts as lump-sum compensation, without the client being entitled to a refund. BHC also reserves the right to claim additional compensation in the event of damages. Any termination, whether initiated by BHC or the client, must be formalized by postal mail or email to be valid. This termination does not exempt the client from the obligation to pay amounts due until the end of the current contractual period. The client's waiver of a product or service has no effect on payments due until the end of the contract or the effective date of termination. Finally, the suspension or cessation of the client's business activities does not justify early termination. In such cases, the client remains obliged to pay the agreed remuneration until the contract's expiration. Additional provisions may be included in the specific service descriptions or the applicable insertion rules.

Prices and payment terms

The prices indicated for BM's services and products apply at the time of the order or contract conclusion. Unless otherwise stated, these prices are exclusive of VAT. Specific contractual agreements may deviate from these conditions. BHC reserves the right to request advance payments. In the case of invoicing, the amounts due must be paid in full, without deduction, within 30 days from the invoice date, unless different terms have been separately agreed upon or specified on the invoice. Unless otherwise specified, remuneration is due at the time of publication or service provision. If the client does not raise a written and justified objection within 14 days after receiving the invoice, it is considered accepted. In the event of non-payment within the deadline, the client is automatically considered in default. BHC may then suspend the provision of services or block access to the user account until the outstanding amounts are fully paid. No extension of the contractual duration equivalent to the blocking period will be granted. In such cases, BHC may also terminate the contract with immediate effect and without compensation. Advance payments made for a specific contractual period will be retained by BHC as lump-sum damages. From the due date, statutory default interest will be applied to the unpaid amounts. Administrative fees of up to CHF 20.00 per reminder may also be charged. If reminders fail, BHC may assign the unpaid claims to a collection agency, to which all necessary information may be transmitted. The collection agency may apply additional processing fees, which will be borne by the client.

Execution and terms of BHC services

BHC may engage third parties, referred to as "partners," to execute the services it offers. If the client establishes a direct legal relationship with a partner by purchasing their services, they are informed of the applicable contractual terms, which they must accept to benefit from the services. The client is also made aware of the data protection provisions applied by these partners. To ensure the delivery of services as per the contract, the client's active collaboration may be required, such as providing content or performing technical activations. These obligations are specified in the contract, specific service descriptions, or communicated through other means, such as email. The client undertakes to fulfill their obligations completely, correctly, and within the set deadlines. In the event of non-compliance, BHC disclaims all liability for services that are not performed, partially performed, non-compliant, or delayed, and no refunds or reductions in the agreed amount can be claimed. If the client uses technical interfaces to access services or products, they are responsible for their proper functioning as well as any necessary adjustments, especially if technical changes made by BHC require updates or modifications to the interfaces. Although not obliged to do so, BHC reserves the right to monitor user behavior and content published or shared through its services to ensure compliance with contractual provisions. In case of a contractual breach by the client, BHC may block access to products or temporarily suspend the provision of its services. These measures may also be taken for security reasons or to ensure the proper functioning of services until identified risks are resolved. During this period, no refunds or reductions in the amounts due will be granted. Some products allow for the integration of third-party services or connection to these services, such as mapping systems, payment solutions, or reviews published on third-party platforms. Likewise, some products may be accessible via an application downloadable from an app store operated by a third party. In such cases, it is the client's responsibility to enter into the necessary agreements with the relevant providers or operators. The general terms and conditions, terms of use, and data protection policies of third parties then apply.

Changes to prices, products and services

BHC reserves the right to modify its prices, products, and services at any time. Any material change will be communicated to the client in an appropriate manner and within a reasonable timeframe. The client has the option to terminate the existing contractual relationship as of the effective date of the modification, provided that a 30-day notice period is respected from the date of notification. If no termination is made within this timeframe, the modification is considered accepted. BHC may also implement changes required by legal provisions, such as a VAT increase, or by administrative or judicial decisions.

Prohibition on Reusing Information Related to Products, Services and Advertisements

The client acknowledges that the products, services, as well as advertisements, texts, videos, music tracks, graphics, and other content published on the services and products by BHC, its clients, or third parties, are generally protected under applicable laws. Any use of such content requires prior authorization from the corresponding rights holder. The client undertakes not to exploit the content accessible via BHC's services and products beyond the intended scope. It is strictly prohibited to extract such content in an automated manner (e.g., using scraping techniques), copy, publish, reproduce it in any form, or associate it with other data without explicit authorization.

Use of advertisement data by BHC and its partners

By submitting data related to an advertisement, the client authorizes BHC to publish this advertisement on its services and products, as well as on other channels, whether online or offline, operated by BHC or its partners. These channels may include, for example, digital platforms or presentations at trade shows. However, the client retains the right to request that their advertisements be distributed exclusively through the channels specifically provided for in the contract.

Advertiser Client Guarantees

The client undertakes to use the services and products offered on the BM website in compliance with the law and contractual provisions, and never to use them for unlawful purposes. The client specifically guarantees:

• That the data relating to the advertisement does not contravene any legal provision or any third-party rights, such as corporate, trademark, copyright or personality rights.
• That the data provided to BHC or its partners comply with the form and quality requirements defined by BHC.
• That the data relating to the advertisement complies with the rules of insertion and is not illicit, misleading, unfair, discriminatory or detrimental to personality.
• That the data transmitted is complete, correct and regularly updated.
• That he uses his user account for personal purposes, without giving access to it to third parties.
• That he does not use the tools of contact with advertisers to promote his own products or services, those of other parties, or for any similar activity.

BHC reserves the right to refuse, modify, or delete at any time, and without prior notice, all or part of the data related to an advertisement submitted by the client, for legal, technical, or objectively justified reasons. In such cases, the client is not entitled to any refund or reduction of the amounts due. If BHC is sued by a partner or a third party due to the client’s use of the services, data related to an advertisement, or the products or services offered by the client, the client agrees to immediately indemnify BHC and hold it harmless from any liability. The client must also provide BHC, upon request, with all necessary documents for its defense and, if necessary, join the legal proceedings. This obligation continues beyond the end of the contractual relationship, without time limitation.

BHC Contractual Position

BHC does not act as a party to contracts entered into between clients, users, or third parties regarding the products and services offered on the BM website. Consequently, BHC disclaims all liability related to the conclusion, execution, or potential risks associated with these contracts.

Online payment with Stripe services

When ordering an online service, the user agrees to use the secure payment services provided by Stripe. The entry of the information necessary for processing the payment is done directly via a secure interface made available by Stripe. The management of this interface and the associated technical infrastructure are the exclusive responsibility of Stripe, recognized for its high security standards.

BHC declines all responsibility concerning the use of this payment method by the user. For more information, you can consult Stripe's website.

Insertion rules related to services and products on the BM site

These insertion rules form an integral part of BHC's General Terms and Conditions (GTC). All terms defined in the GTC retain the same meaning in this document. To ensure a high-quality presentation of the advertised elements and provide a pleasant user experience, the following rules govern the publication of advertisements on the BM website.

Inserting ads

• Search ads are not allowed. A search engine is available for this purpose.
• Only ads corresponding to the categories offered on the BM site can be published.
• Each ad must match only one proposition at a time.
• All listings must comply with applicable laws.

Ad content

• The information published in an advertisement must be truthful and directly related to the proposition advertised.
• Required fields must be completed correctly to allow easy searching by users.
• Content of an erotic, discriminatory, political or illicit nature is strictly prohibited.
• Abusive content is also prohibited, including:
  • Inaccurate, false or erroneous information regarding the proposal.
  • Use of ads as advertising space for the advertiser or third parties.
  • Posting in the wrong category, inserting inappropriate information into specific fields, or creating listings that do not fit into any existing category.

Images in ads

• The advertiser must have the rights to use the images they display in the ad.
• Images used must not contain addresses, telephone numbers, license plates or recognizable faces without prior consent.
• Images of an erotic, discriminatory, political, illicit or promotional nature (logos, texts, banners) are prohibited.

Ad Verification

• All new ads are checked before publication. In the event of non-compliance, BHC may ask the advertiser to modify their ad or refuse its publication without having to justify its decision.
• Verification does not engage any responsibility of BHC regarding the content of the validated advertisements.
• Non-compliant ads will not be posted online.

Reimbursement of benefits

• If a fixed-duration ad reaches its target before the end of the scheduled period, fees for unused days will not be refunded.
• Costs of additional products reserved are non-refundable.

Measures in the event of infringement

• BHC may deactivate without notice any advertisement containing illegal content and send a warning to the advertiser.
• In the event of repeated violations, poor quality or abuse, BHC may block or delete the advertiser's ad portfolio, refuse to validate new ads and charge for damages caused.
• If an infringement allows the customer to unduly benefit from advantages that would normally be payable, BHC may invoice the corresponding costs separately.

Prohibition on canvassing

BHC prohibits any form of solicitation directed at its advertisers or users at any stage of the use of the website or services. By "solicitation," this includes, in particular, any approach aimed at:

• Encourage an advertiser or user to leave the BM site in order to publish or promote their advertisements on another competing platform,
• Directly or indirectly offer a competing service (agencies, brokers, etc.),
• Direct an advertiser or user to another channel, website or entity in order to circumvent or compete with the services offered on the BM Site.

This prohibition on canvassing applies to all users, whether they are advertisers, consultants, intermediaries, potential buyers or simple visitors, from their first visit to the BM site. In the event of observed or suspected canvassing, the user or advertiser can inform us immediately via the contact page.

In the event of a breach of this prohibition, BHC reserves the right to apply the following sanctions, without compensation or refund:

• Immediate deletion or suspension of the advertisement used or used as the subject of the canvassing.
• Exclusion of the user account concerned, with permanent blocking of access to the platform.
• Claim for a lump sum financial compensation or the payment of damages to compensate for the harm suffered (in particular in the event of repeated or intentional violation).

BHC determines the choice and scope of disciplinary measures based on the severity and nature of the violation. BHC cannot be held responsible for solicitation activities beyond its control. Its obligation is limited to investigating any reports, taking into account the information provided by users, and taking the appropriate measures mentioned above.

Deleting user account

Account deletion procedure

The user wishing to delete his account on the BM site must send an explicit request via one of the following means:

• From the account deletion page.
• Since the contact form available on the site.
• By email addressed to: contact@business-market.ch
• Written request sent by mail to the BHC headquarters address

BHC undertakes to process any request for account deletion within a maximum of 30 days from receipt of the request, provided that the user has complied with their contractual obligations and all amounts due have been paid.

Consequences of account deletion

Deleting the user account has the following consequences:

• Loss of access: The user will no longer be able to access their personal space or services requiring authentication.
• Deletion of active ads: All current ads published by the user will be immediately removed from the BM site, with no possibility of refund for the remaining periods.
• Loss of associated data: Account-related information (ad history, messages exchanged with other users, preferences, etc.) will be permanently deleted and cannot be restored.
• Contractual obligations: If the user benefits from a current paid service, he remains liable for the amounts due until the contract expires, unless otherwise specified in the T&Cs or contractual agreements.

Exceptions and limitations

Certain information may be retained by BHC after account deletion, including:

• Legal retention: In accordance with legal obligations, certain data may be retained for tax, accounting or fraud prevention reasons for the period required by law.
• Archiving for security purposes: To prevent abuse or in the event of a dispute, BHC may retain certain essential information (such as transaction history and customer service correspondence) for up to 10 years after account deletion.
• User-Published Data: Some public data, such as comments or reviews left by the user on ads or forums, may remain anonymous, with no direct link to the deleted account.

Account reactivation

Once deleted, an account cannot be reactivated. The user wishing to use BM's services again must create a new account and accept the T&Cs in effect at the time of registration.

Means of communication

To ensure transparent and effective communication with BM website users, BHC utilizes several communication channels:

• Email: Main means for formal and direct exchanges.
• Newsletter: Subscribed users regularly receive relevant news and exclusive offers.
• Phone: Used primarily for customer service and some important confirmations.
• Messaging service (SMS): Fast and direct way to communicate, whether in Switzerland or abroad.
• WhatsApp: Allows instant communication, with offers, news or answers to queries.

When using the BM website, particularly for submitting forms, you will be asked to provide your explicit consent to be contacted through these various means. If you wish to change your preferences or revoke a subscription, you can proceed as follows:

• Email: Simply reply to the email asking to no longer be contacted or to change your contact method.
• Newsletter: Click on the unsubscribe link located at the bottom of each newsletter.
• Telephone: Verbally inform the operator during a call that you no longer wish to be contacted or that you wish to change your contact method.
• SMS: Send the message “STOP” to stop receiving messages.
• WhatsApp: Send the message “STOP” to stop receiving messages via WhatsApp.

You can also change your preferences or revoke a subscription by sending an email to: info@business-market.ch.

Hyperlinks

BHC has not reviewed the content of third-party websites accessible via hyperlinks from the BM website. Consequently, BHC disclaims all liability for the content of these sites. The use of links to third-party websites is at the user's own risk.

Translation Disclaimer

The BM website uses third-party translation services. While efforts have been made to ensure the accuracy of translations, these tools cannot guarantee absolute perfection. Translations are provided "as is," without any guarantee of accuracy or reliability. The French version of the BM website constitutes the official reference. In the event of discrepancies or inaccuracies in the translated versions, only the French version is legally binding. Certain sections, such as images or videos, may not be fully translated due to the limitations of the tools used. BHC disclaims all liability for errors, misunderstandings, or issues arising from the use of translations.

These GTC may be modified at any time.

BHC reserves the right to modify these terms of use at any time.

Legal forum, applicable law, partial invalidity and language

The competent court for resolving any dispute arising from or related to these GTC is located at the company’s registered office. However, BHC reserves the right to bring the dispute before any other jurisdiction that would normally have authority over you.

If any provision of these GTC is found to be invalid, inappropriate, or unenforceable, this shall not affect the validity or enforceability of the other provisions. The provision in question shall then be replaced by another one that, while valid and enforceable, aligns as closely as possible with the intent and purpose of the original provision.

Only the French version of these GTC is legally binding.