These Terms and Conditions (“T&Cs”) govern the legal status of, and the legal relationship between, the following parties:
- Marble iVentures AG, CHE-424.751.702 (“Muvzilla”), on the one hand; and
- the client or principal (“Sender”) and the transport service provider, agent or carrier (“Transport Partner”), respectively, on the other side.
Muvzilla (as agent) and the Sender (as principal) enter a contractual relationship. Furthermore, Muvzilla (as principal) and Transport Partner (as agent) enter a contractual relationship. There is no contractual relationship between Sender and Transport Partner, unless otherwise defined.
2 Conclusion And Termination Of Contract
With the access or use of a website owned by Muvzilla or an app owned by Muvzilla, a legally binding contractual relationship is established between the Sender or Transport Partner, as the case may be, and Muvzilla in accordance with these T&Cs.
Senders and Transport Partners (each an “Account Holder”) may create a sender or transport partner account (each an “Account”).
The contractual relationship shall be terminated by closing the respective Account.
3 Scope Of Application
The T&Cs apply to all websites owned by Muvzilla (each a “Muvzilla Website”, together “Muvzilla Websites”), all apps owned by Muvzilla (each a “Muvzilla App”, together “Muvzilla Apps”) and all other services provided by Muvzilla (together “Muvzilla Services”)
4 Changes Of T&Cs
Muvzilla may make minor changes to the T&Cs at any time without informing the Account Holder. Changes will be effective upon Muvzilla’s posting of such updated T&Cs on muvzilla.ch.
Significant changes to the T&Cs will be displayed to the user for confirmation when logging into the Account. In any case, the updated T&Cs shall be deemed accepted if no objection is notified to Muvzilla in writing within five (5) working days.
5 Right To Use The Muvzilla Services
5.1 Personal Requirements
In general, the Muvzilla Services are available to all natural persons and legal entities with unlimited capacity to act.
5.2 Right of Refusal and Deactivation
Muvzilla reserves the right to refuse registrations without justification. In addition, Muvzilla may, at any time, block Accounts, restrict services or prohibit their use by stating objective reasons. Objective reasons in the sense of this provision include, but are not limited to, the violation of the T&Cs. In general, in the case of minor violations, the Account Holder will be admonish
6 Obligation Not To Compete
Sender and Transport Partner that are linked through the Muvzilla Services may not enter into any contractual relationship with each other, which includes the provision of transport services in the area of activity of Muvzilla. Within six (6) months after termination of the contractual relationship with Muvzilla, neither the Sender nor the Transport Partner may enter into contractual relationships with Senders or Transport Partners of Muvzilla that include the provision of transport services in the area of activity of Muvzilla. In the event Sender or Transport Partner breaches the obligation not to compete, the breaching party shall pay to Muvzilla liquidated damages in the amount of CHF 500 for each individual breach. The right to claim damages is reserved. The payment of liquidated damages and/or additional compensation for damages does not release the breaching party from further complying with the obligation not to compete.
7 Obligation To Use The Muvzilla Services
The communication between Sender and Transport Partner must take place via Muvzilla. Direct communication between Sender and Transport Partner is prohibited unless Muvzilla agrees to it upon request by Sender and Transport Partner.
In the event Sender or Transport Partner breaches the obligation regarding the communication channel, the breaching party shall pay to Muvzilla liquidated damages in the amount of CHF 100. The right to claim damages is reserved. The payment of liquidated damages and/or additional compensation for damages does not release the breaching party from further complying with the obligation regarding the communication channel.
The communication between Muvzilla and the Account Holder takes place in principle by e-mail to the e-mail address stored in the Account, by text messages to the mobile phone number stored in the Account or by chat messages through the Muvzilla Services. Information sent through these communication channels is deemed to have been read by the Account Holder and is binding. Disadvantages resulting from disregard of this provision shall be borne by the Account Holder