General Terms and Conditions (GTC)

The Provider makes available a web-based software and information platform that enables the analysis, visualisation and evaluation of land and parcel data in Switzerland. The Platform covers in particular the presentation of building usage possibilities, density and exploitation potential as well as relevant planning, legal and structural conditions which may be relevant for the analysis, planning and development of real estate projects.

The purpose of the Platform is to support Users in the analysis, planning, development, advice and preparation of marketing of real estate projects, in particular in connection with the acquisition, modernisation, extension, management or sale of land and real estate. The Platform serves exclusively as information and decision support and does not constitute legally binding planning, technical or legal advice.

The end user is entitled to use the Platform exclusively for their own internal information, analysis and planning purposes, in particular for the preparation of project decisions, the evaluation of development potential or to contact the Provider for further services. Any further use, in particular passing on to third parties, commercial exploitation, automated data collection, reproduction or integration into third-party software, is prohibited without the Provider's prior express written consent.

The data and information displayed on the Platform originate, among others, from Swisstopo (geo.admin.ch), the Federal Statistical Office FSO, the Federal Office for Civil Protection, the Federal Roads Office ASTRA, the Federal Office of Transport FOT, the Federal Office of Civil Aviation FOCA, the Federal Office for the Environment FOEN, Lexfind, Geokatalog, Google Maps and Wüst & Partner. The Platform also takes into account federal as well as cantonal and communal law. Any further use, reproduction, distribution, processing or other commercialisation of this data – in whole or in part – is prohibited without the prior written consent of the rights holders and of PORT. Where applicable, any licence and terms of use of the named providers remain reserved.

PORT applies the greatest possible care in preparing and providing the information. Nevertheless, errors, omissions or delays may occur. PORT gives no warranty whatsoever as to the correctness, completeness, timeliness or availability of the displayed data and information; any liability is excluded to the extent permitted by law. PORT expressly reserves the right at any time and without notice to change or delete content, in whole or in part, or to temporarily not publish it.

The User acknowledges that:

The User undertakes to use the Platform exclusively within the framework of applicable law and these GTC, not to infringe any rights of third parties and not to circumvent any security or functional mechanisms of the Platform. Automated queries, scraping or mass downloads are prohibited.

Users are obliged to treat access data confidentially and to protect it from access by unauthorised third parties. Any activities via a user account are deemed to have been initiated by the User. In the event of loss or suspected misuse of access data, the User must inform PORT without delay.

The User agrees that PORT processes data entered by the User or arising in the course of use (e.g. search queries, contact details, interaction data), in particular to provide, improve and secure the Platform as well as for support and analytics purposes. PORT may evaluate the data entered by the User or arising in the course of use (in particular search queries, information on land or parcels, contact details and interaction data) in order to provide and further develop the Platform and, where appropriate, to arrange suitable services or further offerings for the User. If, on the basis of an analysis, PORT concludes that a property or parcel analysed by the User appears unsuitable or only to a limited extent suitable for commercial real estate development, PORT may pass on the contact details provided by the User together with the information relating to the analysis to selected partner companies in the real estate sector. These partner companies may subsequently contact the User directly in order to submit services or offers in connection with the sale, development or other exploitation of the property concerned. Any further consents of the User which PORT may obtain in individual cases during use of the Platform remain reserved. PORT also reserves the right to validate entered data against publicly available sources.

To the extent applicable, the data processing takes place in accordance with the statutory data protection provisions and the Privacy Policy.

All rights in the Platform and the content made available on it (including software, designs, texts, graphics, logos, data compilations and databases) belong – unless otherwise indicated – to PORT or to the respective rights holders. The rights of third parties, in particular of the named data suppliers, are reserved. Any use outside the intended display on the Platform is prohibited without prior written consent. PORT grants Users a revocable, non-transferable and non-exclusive right to use the Platform within the scope of these GTC. For Reports purchased by the User, Clause 9 applies by way of derogation.

PORT endeavours to ensure the most uninterrupted availability of the Platform possible, but cannot guarantee this. PORT may adjust, restrict or discontinue the Platform, its functions, content and these GTC at any time.

PORT offers Users (private individuals and companies) in particular the following services against payment: (i) the individual purchase of an in-depth report on a specific parcel containing further information ("Potential Report") and (ii) the conclusion of a subscription which entitles the User, during the selected term (monthly or annual), to download a specified number of Potential Reports per period ("Subscription"; Potential Report and Subscription together the "Paid Services"). By completing the order process (e.g. by clicking the relevant confirmation button), the User submits a binding offer to purchase the selected Paid Service; the contract is concluded upon confirmation by PORT or upon activation of access.

The prices shown on the Platform at the time of the order apply, plus statutory value added tax at the rate applicable at the time of the order, insofar as the service is subject to Swiss VAT. At the User's choice, payment may be made by credit card, TWINT or advance payment (bank transfer); PORT may provide for further or different means of payment. Access to the purchased Paid Service is activated for the User only after payment has been received in full: for payment by credit card or TWINT, as a rule immediately after successful authorisation; for advance payment, only after the amount has been credited to PORT's account, which may take several working days. If, in the case of advance payment, no payment is made within 10 working days of the order, PORT is entitled to withdraw from the contract and cancel the order.

Paid Services are made available to the User in electronic form (e.g. as a PDF report or online access) after payment has been made. There is no delivery in physical form.

The Subscription entitles the User, during the selected term, to download the number of Potential Reports included in the respective subscription tier per month or per year. Potential Reports not used expire without replacement at the end of the respective billing period and are neither carried over to the following period nor refunded. The Subscription renews automatically for the same term unless it is terminated by the User via the Platform or in text form at the latest 30 days before the end of the current period. PORT may for its part terminate the Subscription ordinarily as of the end of the current period. Termination for cause remains reserved, in particular in the event of default in payment or repeated breach of these GTC by the User.

For processing payments (credit card, TWINT, advance payment), PORT uses specialised payment service providers or banks. PORT itself at no time obtains knowledge of the User's complete payment means data (e.g. credit card numbers) and is not involved in the actual payment processing. PORT gives no warranty and accepts no liability for the availability, functionality, security or correctness of the services rendered by these payment service providers, nor for delays, incorrect bookings or disruptions outside PORT's sphere of influence; in this respect, the respective terms of the payment service providers concerned apply in addition.

Clause 3 applies mutatis mutandis to Paid Services; in particular, PORT gives no warranty as to the substantive correctness, completeness or timeliness of the information contained in a Report. Obvious defects (e.g. technical errors when accessing the purchased Report) must be notified to PORT within 10 days of purchase; in such a case PORT will, at its option, ensure error-free access or refund the amount paid.

Since Paid Services are digital content made immediately accessible to the User upon conclusion of the contract, there is no claim to a refund outside the above defect provision, to the extent permitted by law.

PORT grants the User a simple, non-transferable right to use the purchased Report for its own internal purposes. Unlike the right to use the Platform under Clause 6, this right is not unilaterally revocable by PORT, provided that the User complies with its obligations under these GTC. Passing the Report on to third parties, publishing it or commercially exploiting it remains prohibited.

The Platform may contain links to third-party websites or services. PORT accepts no responsibility for their content, availability or security. The use of such offerings is at the Users' own responsibility.

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. PORT may transfer rights and obligations under these GTC to affiliated companies.

These GTC are governed by substantive Swiss law, excluding conflict-of-laws rules. Exclusive place of jurisdiction is the registered office of PORT. The offering of the Platform is directed at Users domiciled or seated in Switzerland. Mandatory jurisdiction and conflict-of-laws rules in favour of consumers domiciled abroad remain reserved in any event.